Legislature(2005 - 2006)

2006-05-01 House Journal

Full Journal pdf

2006-05-01                     House Journal                      Page 3457
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
               TWENTY-FOURTH LEGISLATURE - SECOND SESSION                                        
                                                                                                    
Juneau, Alaska                   Monday                    May 1, 2006                            
                                                                                                    
                       One Hundred Thirteenth Day                                              
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 11:10 a.m.                                                                                
                                                                                                    
Roll call showed 33 members present.  Representatives Anderson,                                     
Chenault, Croft, Kelly, McGuire, and Meyer were absent and their                                    
presence was noted later.                                                                           
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Ramras be excused from a call of the House today.                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
The invocation was offered by the Chaplain, Representative Gatto.                                   
Representative Gruenberg moved and asked unanimous consent that                                     
the invocation be spread on the journal.  There being no objection, it                              
was so ordered.                                                                                     
                                                                                                    
    Brothers and sisters together, welcome.  I say that with                                        
    humility, with respect, and with admiration for you all.  We                                    
    assemble here not at our request but at the request of others.                                  
    Both individually and collectively, we do stand together to                                     
    seek the elusive common purpose.                                                                
                                                                                                    
    Why are we so privileged?  Because we are prized, only one                                      
    in many wins the prize?  Because we are worthy, would any                                       
    here offer to defend such thought?  Is it because we are                                        
    humble?  How often in each day do others refer to any here as                                   
    "humble"?  Lastly, do we know with certainty that we are                                        
    deserving?  That is for certain not our individual call and best                                
    left for others to decide.                                                                      
                                                                                                    

2006-05-01                     House Journal                      Page 3458
    And so, with obedience and submissiveness we ask for                                            
    wisdom, for worthiness, for humility, and for deservedness.                                     
                                                                                                    
    We implore that our attention and our thoughts find good                                        
    judgment through the combination of understanding and                                           
    knowledge.  I ask the Maker of us to allow the privilege to                                     
    lead and the willingness to listen.  May we always be                                           
    common in prayer, common in goal, common in purpose, and                                        
    common in desire.                                                                               
                                                                                                    
    Let us conclude with this small prayer:  May the one and the                                    
    same Divine, the Father in heaven, lead us from ignorance to                                    
    knowledge, from darkness to light, from death to immortality.                                   
    May we be granted clear understanding and the courage to                                        
    truly be who we say we are.  Amen.                                                              
                                                                                                    
The Pledge of Allegiance was led by Representative Stoltze.                                         
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 111th and 112th legislative days be approved as                                     
certified by the Chief Clerk.  There being no objection, it was so                                  
ordered.                                                                                            
                                                                                                    
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
HB 240                                                                                            
The Rules Committee has considered:                                                                 
                                                                                                    
    HOUSE BILL NO. 240                                                                              
    "An Act relating to brewery and brew pub licensing."                                            
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 240(RLS)                                                                  
    "An Act relating to brewery and brewpub licensing and to free                                   
    samples of beer and wine provided by beverage dispensary                                        
    licensees, wholesale licensees, and wholesale malt beverage and                                 
    wine licensees."                                                                                
                                                                                                    

2006-05-01                     House Journal                      Page 3459
The report was signed by Representative Rokeberg, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
No recommendation (6):  Berkowitz, Harris, Coghill, McGuire,                                        
Guttenberg, Rokeberg                                                                                
                                                                                                    
The following fiscal note(s) apply to CSHB 240(RLS):                                                
                                                                                                    
1.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
HB 240 was returned to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
SB 265                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    SENATE BILL NO. 265                                                                             
    "An Act increasing the total amount of bonds and notes that the                                 
    Alaska Municipal Bond Bank Authority may have outstanding;                                      
    and providing for an effective date."                                                           
                                                                                                    
The report was signed by Representative Meyer, Co-chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Hawker, Weyhrauch, Kelly, Moses, Foster, Meyer                                        
                                                                                                    
No recommendation (2):  Joule, Stoltze                                                              
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
SB 265 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
SB 291                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    

2006-05-01                     House Journal                      Page 3460
    CS FOR SENATE BILL NO. 291(CRA)                                                                 
    "An Act relating to the municipal harbor facility grant program;                                
    and providing for an effective date."                                                           
                                                                                                    
The report was signed by Representative Chenault, Co-chair, with the                                
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Hawker, Foster, Moses, Kelly, Weyhrauch                                               
                                                                                                    
No recommendation (3):  Joule, Stoltze, Chenault                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Transportation & Public Facilities                                               
                                                                                                    
CSSB 291(CRA) was referred to the Rules Committee for placement                                     
on the calendar.                                                                                    
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Dick and Kenny Anderson                                                                  
By Senator Dyson; Representative Stoltze                                                            
                                                                                                    
Honoring - Southwest Alaska Pilots Association                                                      
By Senator Gary Stevens; Representative Seaton                                                      
                                                                                                    
Honoring - The Kodiak Storm, 2006 State Women's Invitational                                        
Hockey Champions                                                                                    
By Senator Gary Stevens; Representative LeDoux                                                      
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     HOUSE BILLS IN SECOND READING                                               
                                                                                                    
HB 375                                                                                            
The following, which had been held in second reading from the April                                 
29, 2006, calendar (page 3419), was again before the House:                                         
                                                                                                    

2006-05-01                     House Journal                      Page 3461
    CS FOR HOUSE BILL NO. 375(FIN)                                                                  
    "An Act establishing the teachers' retirement system past service                               
    cost liability account in the Department of Revenue; establishing                               
    the public employees' retirement system past service cost liability                             
    account in the Department of Revenue; and providing for an                                      
    effective date."                                                                                
                                                                                                    
**The presence of Representatives Croft, Anderson, Meyer, and                                       
McGuire was noted.                                                                                  
                                                                                                    
Amendment No. 1 was offered  by Representative Weyhrauch:                                            
                                                                                                    
Page 2, lines 6 - 7:                                                                                
 Delete "in the amount the commissioner of revenue anticipates the                                  
employer will"                                                                                      
 Insert "that the employer shall"                                                                   
                                                                                                    
Page 3, line 6:                                                                                     
 Delete "in the amount the commissioner of revenue anticipates the                                  
employer will"                                                                                      
 Insert "that the employer shall"                                                                   
                                                                                                    
Representative Weyhrauch moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
Amendment No. 1 was adopted.                                                                        
                                                                                                    
**The presence of Representative Kelly was noted.                                                   
                                                                                                    
                                                                                                    
Amendment No. 2 was offered  by Representative Joule:                                                
                                                                                                    
Page 1, line 2 (title amendment):                                                                   
 Delete "establishing the public employees' retirement system                                     
past service cost liability account in the Department of Revenue;"                                
                                                                                                    
Page 2, line 25 through Page 3, line 29:                                                            
 Delete all material.                                                                               
                                                                                                    

2006-05-01                     House Journal                      Page 3462
Representative Joule moved and asked unanimous consent that                                         
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Weyhrauch objected.                                                                  
                                                                                                    
**The presence of Representative Chenault was noted.                                                
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 375(FIN) am                                                                                    
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  12   NAYS:  26   EXCUSED:  1   ABSENT:  1                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Joule, Kapsner, Kerttula, Moses, Salmon                                                 
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Elkins, Foster,                                      
Gardner, Gatto, Harris, Hawker, Holm, Kelly, Kohring, Kott, LeDoux,                                 
Lynn, McGuire, Meyer, Neuman, Olson, Samuels, Seaton, Stoltze,                                      
Thomas, Weyhrauch, Wilson                                                                           
                                                                                                    
Excused:  Ramras                                                                                    
                                                                                                    
Absent:  Rokeberg                                                                                   
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 375(FIN) am be considered engrossed, advanced to third                                         
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
CSHB 375(FIN) am was read the third time.                                                           
                                                                                                    
The question being:  "Shall CSHB 375(FIN) am pass the House?"  The                                  
roll was taken with the following result:                                                           
                                                                                                    
CSHB 375(FIN) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    

2006-05-01                     House Journal                      Page 3463
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, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                          
Weyhrauch, Wilson                                                                                   
                                                                                                    
Excused:  Ramras                                                                                    
                                                                                                    
And so, CSHB 375(FIN) am passed the House.                                                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
CSHB 375(FIN) am was referred to the Chief Clerk for engrossment.                                   
                                                                                                    
                     SECOND READING OF SENATE BILLS                                              
                                                                                                    
SB 20                                                                                             
The following was read the second time:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 20(JUD)                                                                  
    "An Act relating to offenses against unborn children."                                          
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 JUD RPT HCS(JUD) 5DP 2AM                                          3251                             
 FN4: ZERO(COR)                                                    3252                             
 FN5: ZERO(CRT)                                                    3252                             
 FN6: ZERO(DPS)                                                    3252                             
 FN7: INDETERMINATE(ADM)                                           3252                             
 FN8: INDETERMINATE(ADM)                                           3252                             
 FIN RPT HCS(FIN) 4DP 1DNP 4NR 2AM                                 3346                             
 FN4: ZERO(COR)                                                    3347                             
 FN5: ZERO(CRT)                                                    3347                             
 FN6: ZERO(DPS)                                                    3347                             
 FN7: INDETERMINATE(ADM)                                           3347                             
 FN8: INDETERMINATE(ADM)                                           3347                             
 FN9: ZERO(DPS)                                                    3347                             
                                                                                                    

2006-05-01                     House Journal                      Page 3464
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. 20(FIN)                                                     
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that HCS                                   
CSSB 20(FIN) be considered engrossed, advanced to third reading,                                    
and placed on final passage.                                                                        
                                                                                                    
There was objection.                                                                                
                                                                                                    
HCS CSSB 20(FIN) will advance to third reading on tomorrow's                                        
calendar.                                                                                           
                                                                                                    
                                                                                                    
SB 132                                                                                            
The following was read the second time:                                                             
                                                                                                    
    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."                                                                                    
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 STA RPT HCS(STA) 4DP 1AM                                          1579                             
 FN1: ZERO(GOV)                                                    1580                             
 FN2: ZERO(LAW)                                                    1580                             
 JUD RPT HCS(JUD) NT 6NR                                           2690                             
 TITLE CHANGE: HCR 36                                              2690                             
 FN3: ZERO(GOV)                                                    2691                             
 FN4: ZERO(LAW)                                                    2691                             
 FIN RPT HCS(FIN) 1DP 5NR 1AM                                      3253                             
 FN3: ZERO(GOV)                                                    3253                             
 FN4: ZERO(LAW)                                                    3253                             
                                                                                                    

2006-05-01                     House Journal                      Page 3465
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. 132(FIN)                                                           
    (same title)                                                                                    
                                                                                                    
Representative Gara objected and withdrew the objection.  There                                     
being no further objection, HCS SB 132(FIN) was adopted.                                            
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representative McGuire:                                              
                                                                                                    
Page 7, following line 4:                                                                           
 Insert a new bill section to read:                                                                 
   "* Sec. 15.  The uncodified law of the State of Alaska is amended by                           
adding a new section to read:                                                                       
 REPORT. (a) The State Commission for Human Rights shall                                            
prepare a report of inquiries made to the commission after 180 days,                                
but before one year, after the alleged discriminatory practice under                                
AS 18.80 occurred or, for a continuing discriminatory practice, after                               
180 days, but before one year, after the alleged discriminatory practice                            
stopped.                                                                                            
 (b) The report required in (a) of this section                                                     
  (1) shall be included with the annual report provided in 2007                                     
and 2008 under AS 18.80.150; and                                                                    
  (2)  shall                                                                                        
      (A)  contain information for the period from the effective                                    
    date of this section through December 31, 2007;                                                 
      (B) provide statistical data on the following:                                                
           (i)  the type of the discriminatory practice;                                            
           (ii) the basis of the inquiry;                                                           
           (iii)  action taken on the inquiry.                                                      
 (c) In this section, "commission" means the State Commission for                                   
Human Rights created in AS 18.80.010."                                                              
                                                                                                    
Renumber the following bill section accordingly.                                                    
                                                                                                    
Representative McGuire moved and asked unanimous consent that                                       
Amendment No. 1 be adopted.                                                                         
                                                                                                    

2006-05-01                     House Journal                      Page 3466
Objection was heard and withdrawn.  There being no further objection,                               
Amendment No. 1 was adopted.                                                                        
                                                                                                    
Amendment No. 2 was offered  by Representative Gara:                                                 
                                                                                                    
Page 1, line 2 (title amendment):                                                                   
 Delete "and"                                                                                     
 Insert "providing for attorney fees and costs in cases involving                                 
human rights violations;"                                                                         
                                                                                                    
Page 1, line 3, following "amendments" (title amendment):                                         
 Insert "; and amending Rule 82, Alaska Rules of Civil                                          
Procedure"                                                                                        
                                                                                                    
Page 6, following line 12:                                                                          
 Insert a new bill section to read:                                                                 
   "* Sec. 11. AS 18.80 is amended by adding a new section to article 2                           
to read:                                                                                            
     Sec. 18.80.147. Attorney fees and costs. (a) In an action                                    
    brought by a person under AS 22.10.020(i), a prevailing plaintiff                               
    shall be awarded costs as provided by court rule and full                                       
    reasonable attorney fees at the prevailing reasonable rate.                                     
     (b) Unless the action is found to be frivolous, in an action                                   
    brought by a person under AS 22.10.020(i), a prevailing defendant                               
    shall be awarded attorney fees and costs as provided by court rule.                             
    If the action is found to be frivolous, the attorney fees to be                                 
    awarded to the defendant shall be full reasonable attorney fees at                              
    the prevailing reasonable rate.                                                                 
     (c)  In this section, "frivolous" means                                                        
      (1)  not reasonably based on evidence or on existing law                                      
    or a reasonable extension, modification, or reversal of existing                                
    law; or                                                                                         
      (2) brought to harass the defendant or to cause                                               
    unnecessary delay or needless expense."                                                         
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 6, following line 31:                                                                          
 Insert a new bill section to read:                                                                 
"* Sec. 15. The uncodified law of the State of Alaska is amended by                               

2006-05-01                     House Journal                      Page 3467
adding a new section to read:                                                                       
 INDIRECT COURT RULE AMENDMENT. The provisions of                                                   
sec. 11 of this Act have the effect of changing Rule 82, Alaska Rules                               
of Civil Procedure, by requiring the award of full reasonable attorney                              
fees in certain cases."                                                                             
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 7, line 4:                                                                                     
 Delete "secs. 1 - 13"                                                                              
 Insert "secs. 1 - 14"                                                                              
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS SB 132(FIN) am H                                                                                
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  16   NAYS:  21   EXCUSED:  1   ABSENT:  2                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gardner, Gruenberg,                                
Guttenberg, Joule, Kapsner, Kerttula, Kott, Moses, Salmon, Seaton,                                  
Weyhrauch                                                                                           
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Elkins, Foster, Gatto,                               
Harris, Hawker, Kohring, LeDoux, Lynn, McGuire, Meyer, Neuman,                                      
Olson, Rokeberg, Samuels, Stoltze, Thomas, Wilson                                                   
                                                                                                    
Excused:  Ramras                                                                                    
                                                                                                    
Absent:  Holm, Kelly                                                                                
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
                                                                                                    
Amendment No. 3 was offered  by Representative Gara:                                                 
                                                                                                    

2006-05-01                     House Journal                      Page 3468
Page 1, line 2 (title amendment):                                                                   
 Delete "and"                                                                                     
 Insert "providing for attorney fees and costs in cases involving                                 
human rights violations;"                                                                         
                                                                                                    
Page 1, line 3, following "amendments" (title amendment):                                         
 Insert "; and amending Rule 82, Alaska Rules of Civil                                          
Procedure"                                                                                        
                                                                                                    
Page 6, following line 12:                                                                          
 Insert a new bill section to read:                                                                 
"* Sec. 11. AS 18.80 is amended by adding a new section to article 2                              
to read:                                                                                            
     Sec. 18.80.147. Attorney fees and costs. (a) In an action                                    
    brought by a person under AS 22.10.020(i), a prevailing plaintiff                               
    shall be awarded costs as provided by court rule and full                                       
    reasonable attorney fees at the prevailing reasonable rate if, on a                             
    form provided by the court, the plaintiff certifies under oath that                             
    the plaintiff will not collect, in settlement or upon judgment,                                 
    compensatory damages in excess of $75,000, exclusive of attorney                                
    fees, costs, or pre-judgment or post-judgment interest. Otherwise,                              
    a prevailing plaintiff shall be awarded attorney fees and costs as                              
    provided by court rule.                                                                         
     (b) Unless the action is found to be frivolous, in an action                                   
    brought by a person under AS 22.10.020(i), a prevailing defendant                               
    shall be awarded attorney fees and costs as provided by court rule.                             
    If the action is found to be frivolous, the attorney fees to be                                 
    awarded to the defendant shall be full reasonable attorney fees at                              
    the prevailing reasonable rate.                                                                 
     (c)  In this section, "frivolous" means                                                        
      (1)  not reasonably based on evidence or on existing law                                      
    or a reasonable extension, modification, or reversal of existing                                
    law; or                                                                                         
      (2) brought to harass the defendant or to cause                                               
    unnecessary delay or needless expense."                                                         
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 6, following line 31:                                                                          
 Insert a new bill section to read:                                                                 

2006-05-01                     House Journal                      Page 3469
"* Sec. 15. The uncodified law of the State of Alaska is amended by                               
adding a new section to read:                                                                       
 INDIRECT COURT RULE AMENDMENT. The provisions of                                                   
sec. 11 of this Act have the effect of changing Rule 82, Alaska Rules                               
of Civil Procedure, by requiring the award of full reasonable attorney                              
fees in certain cases."                                                                             
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 7, line 4:                                                                                     
 Delete "secs. 1 - 13"                                                                              
 Insert "secs. 1 - 14"                                                                              
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS SB 132(FIN) am H                                                                                
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  13   NAYS:  23   EXCUSED:  1   ABSENT:  3                                                  
                                                                                                    
Yeas:  Berkowitz, Crawford, Croft, Gara, Gardner, Gruenberg,                                        
Guttenberg, Joule, Kapsner, Kerttula, LeDoux, Moses, Salmon                                         
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Elkins, Foster, Gatto,                               
Harris, Hawker, Holm, Kohring, Kott, Lynn, McGuire, Meyer,                                          
Neuman, Olson, Rokeberg, Samuels, Stoltze, Thomas, Weyhrauch,                                       
Wilson                                                                                              
                                                                                                    
Excused:  Ramras                                                                                    
                                                                                                    
Absent:  Cissna, Kelly, Seaton                                                                      
                                                                                                    
And so, Amendment No. 3 was not adopted.                                                            
                                                                                                    
Amendment No. 4 was offered  by Representative Gara:                                                 
                                                                                                    

2006-05-01                     House Journal                      Page 3470
Page 2, following line 6:                                                                           
 Insert a new subsection to read:                                                                   
     "(c)  A complaint may be filed not later than one year after the                               
    alleged discriminatory practice occurred or, for a continuing                                   
    discriminatory practice, not later than one year after the alleged                              
    discriminatory practice stopped."                                                               
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 4 be adopted.                                                                         
                                                                                                    
Representative Anderson objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS SB 132(FIN) am H                                                                                
Second Reading                                                                                      
Amendment No. 4                                                                                     
                                                                                                    
YEAS:  13   NAYS:  21   EXCUSED:  1   ABSENT:  5                                                  
                                                                                                    
Yeas:  Crawford, Croft, Gara, Gardner, Gruenberg, Guttenberg, Joule,                                
Kapsner, Kerttula, LeDoux, Moses, Salmon, Weyhrauch                                                 
                                                                                                    
Nays:  Anderson, Coghill, Dahlstrom, Elkins, Foster, Harris, Hawker,                                
Holm, Kohring, Kott, Lynn, McGuire, Meyer, Neuman, Olson,                                           
Rokeberg, Samuels, Seaton, Stoltze, Thomas, Wilson                                                  
                                                                                                    
Excused:  Ramras                                                                                    
                                                                                                    
Absent:  Berkowitz, Chenault, Cissna, Gatto, Kelly                                                  
                                                                                                    
And so, Amendment No. 4 was not adopted.                                                            
                                                                                                    
Amendment No. 5 was offered  by Representative Kerttula:                                             
                                                                                                    
Page 3, line 4:                                                                                     
 Delete "wants"                                                                                     
 Insert "has notified the commission of the intent"                                                 
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 5 be adopted.                                                                         
                                                                                                    

2006-05-01                     House Journal                      Page 3471
There was objection.                                                                                
                                                                                                    
Amendment to Amendment No. 5 was offered  by Representatives                                         
Gruenberg and Kerttula:                                                                             
                                                                                                    
Following "notified":                                                                               
 Insert "in writing"                                                                                
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment to Amendment No. 5 be adopted.                                                            
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
Amendment to Amendment No. 5 was adopted.                                                           
                                                                                                    
The objection was withdrawn.  There being no further objection,                                     
Amendment No. 5 as amended was adopted.                                                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that HCS                                   
SB 132(FIN) am H be considered engrossed, advanced to third                                         
reading, and placed on final passage.                                                               
                                                                                                    
There was objection.                                                                                
                                                                                                    
HCS SB 132(FIN) am H will advance to third reading on tomorrow's                                    
calendar.                                                                                           
                                                                                                    
SB 273                                                                                            
The following was read the second time:                                                             
                                                                                                    
    SENATE BILL NO. 273                                                                             
    "An Act relating to a motor vehicle dealer's selling or offering to                             
    sell motor vehicles as new or current models or as new or current                               
    model motor vehicles having manufacturer's warranties."                                         
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 L&C RPT 3DP 2NR 1AM                                               2987                             
 FN1: ZERO(ADM)                                                    2987                             
 JUD RPT 4DP 1NR 2AM                                               3321                             
 FN1: ZERO(ADM)                                                    3321                             
                                                                                                    

2006-05-01                     House Journal                      Page 3472
Representative Coghill moved and asked unanimous consent that                                       
SB 273 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
SB 273 was read the third time.                                                                     
                                                                                                    
The question being:  "Shall SB 273 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
SB 273                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  33   NAYS:  0   EXCUSED:  1   ABSENT:  6                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Coghill, Crawford, Croft, Dahlstrom,                                    
Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kott, LeDoux,                                      
Lynn, McGuire, Neuman, Olson, Rokeberg, Salmon, Samuels, Seaton,                                    
Stoltze, Thomas, Wilson                                                                             
                                                                                                    
Excused:  Ramras                                                                                    
                                                                                                    
Absent:  Chenault, Cissna, Kelly, Meyer, Moses, Weyhrauch                                           
                                                                                                    
And so, SB 273 passed the House.                                                                    
                                                                                                    
Representative Rokeberg gave notice of reconsideration of the vote on                               
SB 273.                                                                                             
                                                                                                    
                                                                                                    
                     THIRD READING OF SENATE BILLS                                               
                                                                                                    
SB 12                                                                                             
The Speaker stated that, without objection, the following, which was                                
advanced to third reading from the April 29, 2006, calendar (page                                   
3443), be held to tomorrow's calendar:                                                              
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 12(STA)                                                     
    "An Act relating to procurement from a person conducting                                        
    business in or having headquarters in countries that support or                                 
    ignore slavery and trafficking in persons."                                                     
                                                                                                    

2006-05-01                     House Journal                      Page 3473
SB 200                                                                                            
The following, which was advanced to third reading from the April 29,                               
2006, calendar (page 3445), was read the third time:                                                
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 200(FIN)                                                    
    "An Act relating to defense of self, other persons, property, or                                
    services."                                                                                      
                                                                                                    
The question being:  "Shall HCS CSSB 200(FIN) pass the House?"                                      
The roll was taken with the following result:                                                       
                                                                                                    
HCS CSSB 200(FIN)                                                                                   
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  33   NAYS:  0   EXCUSED:  1   ABSENT:  6                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Coghill, Crawford, Croft,                                     
Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg,                                     
Harris, Hawker, Holm, Joule, Kelly, Kerttula, Kohring, Kott, LeDoux,                                
Lynn, McGuire, Neuman, Olson, Rokeberg, Salmon, Samuels, Seaton,                                    
Stoltze, Thomas, Wilson                                                                             
                                                                                                    
Excused:  Ramras                                                                                    
                                                                                                    
Absent:  Cissna, Foster, Kapsner, Meyer, Moses, Weyhrauch                                           
                                                                                                    
And so, HCS CSSB 200(FIN) passed the House.                                                         
                                                                                                    
Representative Kerttula gave notice of reconsideration of the vote on                               
HCS CSSB 200(FIN).                                                                                  
                                                                                                    
                     SENATE BILLS IN THIRD READING                                               
                                                                                                    
SB 177                                                                                            
The following, which was held from the April 29, 2006, calendar                                     
(page 3445), was again before the House in third reading:                                           
                                                                                                    
    CS FOR SENATE BILL NO. 177(HES)                                                                 
    "An Act eliminating the prohibition on the use by certain licensed                              
    professionals of titles or descriptions of services that incorporate                            
    the terms 'psychoanalysis,' 'psychoanalyst,' 'psychotherapy,'                                   
    'psychotherapeutic,' or 'psychotherapist.'"                                                     
                                                                                                    

2006-05-01                     House Journal                      Page 3474
Representative Crawford moved and asked unanimous consent that he                                   
be allowed to abstain from voting because of a conflict of interest.                                
Objection was heard, and Representative Crawford was required to                                    
vote.                                                                                               
                                                                                                    
The question being:  "Shall CSSB 177(HES) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSSB 177(HES)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  35   NAYS:  0   EXCUSED:  1   ABSENT:  4                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Coghill, Crawford, Croft,                                     
Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg,                                         
Guttenberg, Harris, Hawker, Holm, Joule, Kerttula, Kohring, Kott,                                   
LeDoux, Lynn, McGuire, Moses, Neuman, Olson, Rokeberg, Salmon,                                      
Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                                 
                                                                                                    
Excused:  Ramras                                                                                    
                                                                                                    
Absent:  Cissna, Kapsner, Kelly, Meyer                                                              
                                                                                                    
And so, CSSB 177(HES) passed the House.                                                             
                                                                                                    
Representative Rokeberg gave notice of reconsideration of the vote on                               
CSSB 177(HES).                                                                                      
                                                                                                    
                  SECOND READING OF HOUSE RESOLUTIONS                                            
                                                                                                    
HCR 43                                                                                            
The Speaker stated that, without objection, the following, which was                                
held from the April 29, 2006, calendar (page 3445), be held to                                      
tomorrow's calendar:                                                                                
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 43                                                              
    Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                  
    the Alaska State Legislature, concerning Senate Bill No. 12,                                    
    relating to the prohibition or elimination of financial relationships                           
    with persons that conduct business in countries that support or                                 
    ignore slavery and trafficking in persons.                                                      
                                                                                                    

2006-05-01                     House Journal                      Page 3475
                         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 - Gladys Dart                                                                              
By Representatives Salmon, Harris, Anderson, Berkowitz, Chenault,                                   
Crawford, Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg,                                       
Guttenberg, Hawker, Joule, Kapsner, Kerttula, Kohring, Kott,                                        
LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Samuels,                                       
Seaton, Stoltze, Thomas, Weyhrauch, Wilson; Senator Kookesh                                         
                                                                                                    
Honoring - Sitka High School Girls' Softball Team, 2005 ASAA State                                  
Small School Softball Champions                                                                     
By Senator Stedman; Representatives Wilson, Harris, Anderson,                                       
Berkowitz, Chenault, Coghill, Crawford, Dahlstrom, Elkins, Gara,                                    
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Joule, Kapsner,                                      
Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer,                                       
Neuman, Olson, Ramras, Salmon, Samuels, Seaton, Stoltze, Thomas,                                    
Weyhrauch                                                                                           
                                                                                                    
Honoring - Sitka High School Boys' Baseball Team, 2005 ASAA State                                   
Baseball Champions                                                                                  
By Senator Stedman; Representatives Wilson, Harris, Anderson,                                       
Berkowitz, Chenault, Coghill, Crawford, Dahlstrom, Elkins, Gara,                                    
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Joule, Kapsner,                                      
Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer,                                       
Neuman, Olson, Ramras, Salmon, Samuels, Seaton, Stoltze, Thomas,                                    
Weyhrauch                                                                                           
                                                                                                    
Honoring - Sitka High School Boys' Swimming and Diving Team,                                        
2005 ASAA State Swimming and Diving Champions                                                       
By Senator Stedman; Representatives Wilson, Harris, Anderson,                                       
Berkowitz, Chenault, Coghill, Crawford, Dahlstrom, Elkins, Gara,                                    
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Joule, Kapsner,                                      
Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer,                                       
Neuman, Olson, Ramras, Salmon, Samuels, Seaton, Stoltze, Thomas,                                    
Weyhrauch                                                                                           
                                                                                                    

2006-05-01                     House Journal                      Page 3476
                            RECONSIDERATION                                                      
                                                                                                    
HB 485                                                                                            
The Speaker stated that, without objection, reconsideration of the                                  
following, which had been held to today (page 3451), be held one                                    
legislative day:                                                                                    
                                                                                                    
    HOUSE BILL NO. 485(fld H)                                                                       
    "An Act amending the State Personnel Act to place in the exempt                                 
    service pharmacists and physicians employed in the Department                                   
    of Health and Social Services or in the Department of Corrections                               
    and corporate income tax forensic auditors employed by the                                      
    division of the Department of Revenue principally responsible for                               
    the collection and enforcement of state taxes who specialize in                                 
    apportionment analysis and tax shelters of multistate corporate                                 
    taxpayers; and providing for an effective date."                                                
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
SB 188                                                                                            
The Speaker waived the Community & Regional Affairs Committee                                       
referral for the following at the request of Representative Olson, Co-                              
chair:                                                                                              
                                                                                                    
    CS FOR SENATE BILL NO. 188(FIN)                                                                 
    "An Act relating to the maximum amount of loans from the bulk                                   
    fuel revolving loan fund to one borrower in a fiscal year."                                     
                                                                                                    
CSSB 188(FIN) was removed from the Community & Regional                                             
Affairs Committee and referred to the Finance Committee.                                            
                                                                                                    
HB 29                                                                                             
Representative Dahlstrom removed her name as cosponsor to:                                          
                                                                                                    
    CS FOR HOUSE BILL NO. 29(L&C)(title am)                                                         
    "An Act relating to the Comprehensive Health Insurance                                          
    Association; granting a 50 percent premium tax credit for                                       
    assessments against members of the Comprehensive Health                                         
    Insurance Association; requiring members to provide information                                 
    to the association's board of directors or the director of the                                  

2006-05-01                     House Journal                      Page 3477
    division of insurance; modifying voting rights for the association                              
    members by basing their exercise on a member's share of                                         
    assessments; basing assessments on major medical premiums;                                      
    modifying the manner of determining members' liabilities for                                    
    losses; and changing the definition of "major medical" coverage                                 
    for purpose of state health insurance and providing for exclusions                              
    to major medical coverage."                                                                     
                                                                                                    
SB 12                                                                                             
Representatives Olson and Kerttula added their names as cross                                       
sponsors to:                                                                                        
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 12(STA)                                                     
    "An Act relating to procurement from a person conducting                                        
    business in or having headquarters in countries that support or                                 
    ignore slavery and trafficking in persons."                                                     
                                                                                                    
SB 20                                                                                             
Representative Dahlstrom added her name as cross sponsor to:                                        
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 20(FIN)                                                     
    "An Act relating to offenses against unborn children."                                          
                                                                                                    
SB 200                                                                                            
Representatives Wilson, Harris, Hawker, Croft, Olson, Samuels,                                      
Rokeberg, LeDoux, and Gardner added their names as cross sponsors                                   
to:                                                                                                 
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 200(FIN)                                                    
    "An Act relating to defense of self, other persons, property, or                                
    services."                                                                                      
                                                                                                    
SB 273                                                                                            
Representative Dahlstrom added her name as cross sponsor to:                                        
                                                                                                    
    SENATE BILL NO. 273                                                                             
    "An Act relating to a motor vehicle dealer's selling or offering to                             
    sell motor vehicles as new or current models or as new or current                               
    model motor vehicles having manufacturer's warranties."                                         
                                                                                                    

2006-05-01                     House Journal                      Page 3478
SB 291                                                                                            
Representative Thomas added his name as cross sponsor to:                                           
                                                                                                    
    CS FOR SENATE BILL NO. 291(CRA)                                                                 
    "An Act relating to the municipal harbor facility grant program;                                
    and providing for an effective date."                                                           
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HB 375                                                                                            
CSHB 375(FIN) am 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.                                 
                                                                                                    
The following meeting today has been changed as indicated:                                          
                                                                                                    
Resources Committee                                                                                 
CANCELED                                                       1:00 p.m.                            
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., May 2, 2006.  There being no                                        
objection, the House adjourned at 12:58 p.m.                                                        
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk