Legislature(2003 - 2004)

2004-05-04 House Journal

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2004-05-04                     House Journal                      Page 3781
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
              TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                         
                                                                                                    
Juneau, Alaska                   Tuesday                    May 4, 2004                           
                                                                                                    
                      One Hundred Fourteenth Day                                               
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 10:31 a.m.                                                                                  
                                                                                                    
Roll call showed 31 members present.  Representatives Croft,                                        
Guttenberg, Heinze, Joule, Kerttula, Moses, Stepovich, Weyhrauch,                                   
and Williams were absent and their presence was noted later.                                        
                                                                                                    
The invocation was offered by the Chaplain, Pastor Daymond Geary                                    
of the Church for All Nations.  Representative McGuire moved and                                    
asked unanimous consent that the invocation be spread on the journal.                               
There being no objection, it was so ordered.                                                        
                                                                                                    
    Our Father in heaven, we come boldly before Your throne of                                      
    grace.  I believe that this is the year to expect more; more in                                 
    2004.  You have given us many great and precious promises.                                      
    "Ask and you shall receive" is one of the promises given to                                     
    those who will appropriate it.  We ask for favor on our state;                                  
    favor that will bring opportunities to Alaska and new and                                       
    better jobs.  Give us favor that will distinguish our state                                     
    among the nations.  We ask for favor that will attract new,                                     
    quality citizens to each of the communities represented.  Give                                  
    favor to the House of Representatives with the other branches                                   
    of state government.  May Your favor be upon these                                              
    Representatives and their staff members within their own                                        
    homes.  As the hours get long and discussions become more                                       
    intense, give favor for the items that will build a great future                                
    for our state.  And we ask that You give favor to our soldiers                                  
    in Afghanistan and Iraq; may they have the favor of the Lord                                    
    upon them.                                                                                      
                                                                                                    

2004-05-04                     House Journal                      Page 3782
    All this we ask in the mighty name of Jesus.  Amen.                                             
                                                                                                    
The Pledge of Allegiance was led by the Chief Clerk.                                                
                                                                                                    
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 113th legislative day be approved as certified by the                               
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                      MESSAGES FROM THE GOVERNOR                                                 
                                                                                                    
A letter dated May 3, 2004, was read stating that, in accordance with                               
Article III, Section 25 of the Alaska Constitution, the Governor                                    
submits the following name for legislative confirmation of                                          
appointment to the position set out below.                                                          
                                                                                                    
The Speaker referred the following to the State Affairs Committee:                                  
                                                                                                    
Commissioner - Department of Administration                                                       
 Mr. Ray Matiashowski                                                                               
 Appointed:  5/2/2004                                                                               
                                                                                                    
A resume for the appointment is on file in the Chief Clerk's office.                                
                                                                                                    
**The presence of Representatives Moses and Williams was noted.                                     
                                                                                                    
                       MESSAGES FROM THE SENATE                                                  
                                                                                                    
HB 496                                                                                            
A message dated May 3, 2004, was read stating the Senate has passed:                                
                                                                                                    
    CS FOR HOUSE BILL NO. 496(STA)                                                                  
    "An Act creating the youth vote ambassador program and relating                                 
    to that program; authorizing the members of the program to be                                   
    appointed to serve on election boards; relating to qualifications for                           
    appointment to election boards; and providing for an effective                                  
    date."                                                                                          
                                                                                                    

2004-05-04                     House Journal                      Page 3783
CSHB 496(STA) was referred to the Chief Clerk for enrollment.                                       
                                                                                                    
HB 524                                                                                            
A message dated May 3, 2004, was read stating the Senate has passed                                 
HB 524 am with the following amendment and it is transmitted for                                    
consideration:                                                                                      
                                                                                                    
    SENATE CS FOR HOUSE BILL NO. 524(RES)                                                           
    "An Act relating to the protection of land and water from waste                                 
    disposal; providing for the regulation of waste management;                                     
    making conforming amendments; and providing for an effective                                    
    date."                                                                                          
                                                                                                    
HB 524 am is under Unfinished Business.                                                             
                                                                                                    
HB 414                                                                                            
A message dated May 3, 2004, was read stating the Senate has failed                                 
to recede from its amendment to:                                                                    
                                                                                                    
    CS FOR HOUSE BILL NO. 414(JUD)                                                                  
    "An Act relating to filling a vacancy in the office of United States                            
    senator, and to the definition of 'political party.'"                                           
                                                                                                    
namely:                                                                                             
                                                                                                    
    SENATE CS FOR CS FOR HOUSE BILL NO. 414(JUD)                                                    
    "An Act relating to filling a vacancy in the office of United States                            
    senator, and to the definition of 'political party'; and providing for                          
    an effective date."                                                                             
                                                                                                    
    (technical title change)                                                                        
                                                                                                    
The Speaker appointed the following members to a Conference                                         
Committee to meet with a like committee from the Senate to consider                                 
the bills:                                                                                          
                                                                                                    
 Representative McGuire, Chair                                                                      
 Representative Anderson                                                                            
 Representative Crawford                                                                            
                                                                                                    

2004-05-04                     House Journal                      Page 3784
**The presence of Representatives Weyhrauch and Kerttula was                                        
noted.                                                                                              
                                                                                                    
Messages dated May 3, 2004, were read stating the Senate has passed                                 
the following and they are transmitted for consideration:                                           
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                            OF SENATE BILLS                                                      
                                                                                                    
SB 132                                                                                            
CS FOR SENATE BILL NO. 132(RES) by the Senate Resources                                             
Committee, entitled:                                                                                
                                                                                                    
    "An Act removing the Old Minto townsite from the Minto Flats                                    
    State Game Refuge; and authorizing the Department of Natural                                    
    Resources to convey certain land at the historic Old Minto site to                              
    the Native Village of Minto."                                                                   
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs and Resources Committees.                                                                   
                                                                                                    
SB 136                                                                                            
CS FOR SENATE BILL NO. 136(FIN) am by the Senate Finance                                            
Committee, entitled:                                                                                
                                                                                                    
    "An Act relating to a mandatory property tax exemption for                                      
    certain private property interests on military bases or installations;                          
    relating to an optional exclusion or exemption from municipal                                   
    taxation for residential property; relating to an exemption from                                
    and deferral of municipal property taxes on certain types of                                    
    deteriorated property; and providing for an effective date."                                    
                                                                                                    
 (HB 241 - similar bill)                                                                            
                                                                                                    
was read the first time and referred to the Rules Committee.                                        
                                                                                                    
SB 217                                                                                            
CS FOR SENATE BILL NO. 217(JUD) by the Senate Judiciary                                             
Committee, entitled:                                                                                
                                                                                                    

2004-05-04                     House Journal                      Page 3785
    "An Act relating to genetic privacy."                                                           
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
A Senate letter of intent was attached (Senate Journal page 2404).                                  
                                                                                                    
                                                                                                    
SB 231                                                                                            
CS FOR SENATE BILL NO. 231(FIN) by the Senate Finance                                               
Committee, entitled:                                                                                
                                                                                                    
    "An Act relating to unclaimed property; and providing for an                                    
    effective date."                                                                                
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
SB 272                                                                                            
CS FOR SENATE BILL NO. 272(FIN) by the Senate Finance                                               
Committee, entitled:                                                                                
                                                                                                    
    "An Act relating to certain monetary advances in which the                                      
    deposit or other negotiation of checks to pay the advances is                                   
   delayed until a later date; and providing for an effective date."                               
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    
SB 278                                                                                            
CS FOR SENATE BILL NO. 278(FIN) by the Senate Finance                                               
Committee, entitled:                                                                                
                                                                                                    
    "An Act relating to fees for the inspection of recreational devices,                            
    including instructional devices, for certificates of fitness for                                
    electrical wiring and plumbing, and for licenses for boiler                                     
    operators; relating to the building safety account; and providing                               
    for an effective date."                                                                         
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    

2004-05-04                     House Journal                      Page 3786
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
The Judiciary Committee has reviewed the qualifications of the                                      
following and recommends the appointments be forwarded to a joint                                   
session for consideration:                                                                          
                                                                                                    
                         Mr. Michael J. Hurley                                                     
                                                                                                    
as a member of the Board of Governors of the Alaska Bar.                                            
                                                                                                    
                      Mr. Peter J. Aschenbrenner                                                   
                                                                                                    
as a member of the Commission on Judicial Conduct.                                                  
                                                                                                    
                           Mr. Gerad Godfrey                                                       
                                                                                                    
as a member of the Violent Crimes Compensation Board.                                               
                                                                                                    
The reports were signed by Representative McGuire, Chair; and                                       
Representatives Samuels, Holm, Gara, Anderson, Gruenberg, Ogg.                                      
                                                                                                    
                                                                                                    
**The presence of Representative Croft was noted.                                                   
                                                                                                    
                                                                                                    
The Labor & Commerce Committee has reviewed the qualifications of                                   
the following and recommends the appointment be forwarded to a                                      
joint session for consideration:                                                                    
                                                                                                    
                          Mr. Duane S. Udland                                                      
                                                                                                    
as a member of the Alcoholic Beverage Control Board.                                                
                                                                                                    
The report was signed by Representative Anderson, Chair; and                                        
Representatives Lynn, Rokeberg, Dahlstrom, Crawford.                                                
                                                                                                    
                                                                                                    
The Labor & Commerce Committee has reviewed the qualifications of                                   
the following and recommends the appointments be forwarded to a                                     
joint session for consideration:                                                                    
                                                                                                    

2004-05-04                     House Journal                      Page 3787
                           Mr. Craig Fredeen                                                       
                                                                                                    
as a member of the State Board of Registration for Architects,                                      
Engineers, and Land Surveyors.                                                                      
                                                                                                    
                          Mr. Allen S. Black                                                       
                        Mr. Patrick S. Carlson                                                     
                                                                                                    
as members of the State Assessment Review Board.                                                    
                                                                                                    
                            Ms. Debra Long                                                         
                           Ms. Joylene Marrs                                                       
                          Ms. Angela J. Rosas                                                      
                       Mr. Larry Allen Ungerecht                                                   
                                                                                                    
as members of the Board of Barbers and Hairdressers.                                                
                                                                                                    
                          Mr. Robert J. Arts                                                       
                       Mr. Jack G. Poulson, Esq.                                                   
                                                                                                    
as members of the Board of Marine Pilots.                                                           
                                                                                                    
                         Ms. Valarie L. Allmon                                                     
                         Mr. Chris N. Johansen                                                     
                           Mr. David Kester                                                        
                       Mr. James (Jay) N. Rhodes                                                   
                      Ms. Patricia A. Vollendorf                                                   
                                                                                                    
as members of the Alaska Workers' Compensation Board.                                               
                                                                                                    
The reports were signed by Representative Anderson, Chair; and                                      
Representatives Lynn, Dahlstrom, Rokeberg, Gatto, Crawford.                                         
                                                                                                    
                                                                                                    
**The presence of Representatives Stepovich and Heinze was noted.                                   
                                                                                                    
                                                                                                    
SB 255                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    

2004-05-04                     House Journal                      Page 3788
    CS FOR SENATE BILL NO. 255(FIN)                                                                 
    "An Act relating to traffic preemption devices."                                                
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (7):  Samuels, Holm, Gara, Anderson, Gruenberg, Ogg,                                        
McGuire                                                                                             
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Public Safety                                                                    
2.  Zero, Dept. of Public Safety                                                                    
3.  Zero, Dept. of Law                                                                              
4.  Indeterminate, Dept. of Administration                                                          
                                                                                                    
CSSB 255(FIN) was referred to the Rules Committee for placement on                                  
the calendar.                                                                                       
                                                                                                    
SB 328                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO.                                                   
    328(FIN)                                                                                        
    "An Act relating to the national forest income program in the                                   
    Department of Community and Economic Development and to the                                     
    authority of the department to adopt regulations; making                                        
     conforming amendments; and providing for an effective date."                                  
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR CS FOR SS FOR SENATE BILL NO.                                                      
    328(CRA)                                                                                        
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Williams, Co-chair, with the                                
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Meyer, Hawker, Fate, Foster, Williams                                                 
                                                                                                    

2004-05-04                     House Journal                      Page 3789
No recommendation (3):  Stoltze, Moses, Chenault                                                    
                                                                                                    
The following fiscal note(s) apply to HCS CSSSSB 328(CRA):                                          
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
CSSSSB 328(FIN) was referred to the Rules Committee for placement                                   
on the calendar.                                                                                    
                                                                                                    
**The presence of Representative Joule was noted.                                                   
                                                                                                    
                                                                                                    
SB 357                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    CS FOR SENATE BILL NO. 357(FIN)                                                                 
    "An Act relating to the regulation of insurance, insurance licenses,                            
    qualifications of insurance producers, surplus lines, fraud                                     
    investigations, electronic transactions, and compliance with                                    
    federal law and national standards; and providing for an effective                              
    date."                                                                                          
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 357(L&C)                                                    
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Rokeberg, Anderson                                                                    
                                                                                                    
No recommendation (3):  Crawford, Lynn, Dahlstrom                                                   
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 357(L&C):                                            
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
CSSB 357(FIN) was referred to the Finance Committee.                                                
                                                                                                    

2004-05-04                     House Journal                      Page 3790
SB 365                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    CS FOR SENATE BILL NO. 365(FIN)                                                                 
    "An Act relating to the regulation of speech-language pathologist                               
    assistants; and providing for an effective date."                                               
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Crawford, Lynn, Gatto, Dahlstrom, Anderson                                            
                                                                                                    
No recommendation (1):  Rokeberg                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Community & Economic Development                                               
                                                                                                    
CSSB 365(FIN) was referred to the Finance Committee.                                                
                                                                                                    
                                                                                                    
SB 389                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    SENATE BILL NO. 389                                                                             
    "An Act relating to the conversion of certain corporations to                                   
  limited liability companies; and providing for an effective date."                               
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Rokeberg, Anderson                                                                    
                                                                                                    
No recommendation (3):  Crawford, Lynn, Dahlstrom                                                   
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
2.  Zero, Dept. of Revenue                                                                          
                                                                                                    

2004-05-04                     House Journal                      Page 3791
SB 389 was referred to the Finance Committee.                                                       
                                                                                                    
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
SB 69                                                                                             
The House Special Committee on Fisheries has considered:                                            
                                                                                                    
    CS FOR SENATE BILL NO. 69(RES)                                                                  
    "An Act relating to participation in matters before the Board of                                
    Fisheries by members of the board; and providing for an effective                               
    date."                                                                                          
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 69(FSH)                                                     
    (same title)                                                                                    
                                                                                                    
                                                                                                    
The report was signed by Representative Seaton, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  Seaton                                                                                
                                                                                                    
No recommendation (3):  Gara, Samuels, Ogg                                                          
                                                                                                    
Amend (1):  Wilson                                                                                  
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 69(FSH):                                             
                                                                                                    
2.  Zero, Dept. of Fish & Game                                                                      
                                                                                                    
CSSB 69(RES) was referred to the Resources Committee.                                               
                                                                                                    
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    

2004-05-04                     House Journal                      Page 3792
Honoring - Robert D. Storer                                                                         
By Representatives Kerttula, Weyhrauch; Senator Elton                                               
                                                                                                    
Honoring - Southeast Alaska Area Council, Boy Scouts of America                                     
By Representatives Weyhrauch, Kerttula; Senator Elton                                               
                                                                                                    
Honoring - Juneau-Douglas High School, National Ocean Sciences                                      
Bowl Participants                                                                                   
By Representatives Kerttula, Weyhrauch; Senator Elton                                               
                                                                                                    
In Memoriam - Leona Gran                                                                            
By Representatives Kerttula, Weyhrauch; Senator Elton                                               
                                                                                                    
In Memoriam - Fred C. Morgan, Sr.                                                                   
By Representatives Kerttula, Weyhrauch; Senator Elton                                               
                                                                                                    
In Memoriam - Bob Ernisse                                                                           
By Representative Berkowitz                                                                         
                                                                                                    
In Memoriam - Scott Cunningham                                                                      
By Representative Seaton; Senator Gary Stevens                                                      
                                                                                                    
In Memoriam - Phyllis Abbott                                                                        
By Representative Seaton; Senator Gary Stevens                                                      
                                                                                                    
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                            OF HOUSE BILLS                                                       
                                                                                                    
HB 563                                                                                            
HOUSE BILL NO. 563 by the House Rules Committee, entitled:                                          
                                                                                                    
    "An Act relating to open meetings guidelines applicable to                                      
    legislators, to the confidentiality of complaints and proceedings                               
    involving alleging violations of AS 24.60, and to hearings on                                   
    formal charges by the Select Committee on Legislative Ethics or                                 
    its subcommittees."                                                                             
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    

2004-05-04                     House Journal                      Page 3793
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                    SECOND READING OF SENATE BILLS                                               
                                                                                                    
SB 203                                                                                            
The following was read the second time:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 203(FIN) am                                                              
    "An Act relating to administrative hearings, to hearing officers,                               
    and to administrative law judges; establishing the office of                                    
    administrative hearings and relating to that office; and providing                              
    for aneffective date."                                                                          
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 JUD RPT HCS(JUD) 5DP                                                3020                           
 FN6: (ADM); FN7: (ADM)                                              3020                           
 FN8: ZERO(LWF); FN9: (DPS)                                          3020                           
 FN10: ZERO(HSS); FN11: (GOV)                                        3020                           
 FN12: INDETERMINATE(CED)                                            3020                           
 FN13: ZERO(EED)                                                     3020                           
 FN14: INDETERMINATE(DEC)                                            3020                           
 FN15: (CED)                                                         3020                           
 FN17: INDETERMINATE(LAW)                                            3020                           
 FN18: INDETERMINATE(EED)                                            3020                           
 FN19: (REV); FN20: (REV)                                            3020                           
 FN21: ZERO(CED)                                                     3020                           
 FIN RPT HCS(FIN) 7DP 4NR                                            3732                           
 FN6: (ADM); FN7: (ADM)                                              3732                           
 FN9: (DPS)                                                          3732                           
 FN10: ZERO(HSS)                                                     3732                           
 FN11: (GOV)                                                         3732                           
 FN12: INDETERMINATE(CED)                                            3732                           
 FN13: ZERO(EED)                                                     3732                           
 FN14: INDETERMINATE(DEC)                                            3732                           
 FN15: (CED)                                                         3732                           
 FN18: INDETERMINATE(EED)                                            3732                           
 FN19: (REV); FN20: (REV)                                            3732                           
 FN21: ZERO(CED)                                                     3732                           
 FN22: ZERO(LWF); FN23: ZERO(LWF)                                    3732                           
 FN24: INDETERMINATE(LAW)                                            3732                           
                                                                                                    

2004-05-04                     House Journal                      Page 3794
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. 203(FIN)                                                    
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that HCS                                   
CSSB 203(FIN) be considered engrossed, advanced to third reading,                                   
and placed on final passage.                                                                        
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
HCS CSSB 203(FIN) will advance to third reading on tomorrow's                                       
calendar.                                                                                           
                                                                                                    
**The presence of Representative Guttenberg was noted.                                              
                                                                                                    
SB 285                                                                                            
The following was read the second time:                                                             
                                                                                                    
    SENATE BILL NO. 285                                                                             
    "An Act relating to medical assistance coverage for targeted case                               
    management services and for rehabilitative services furnished or                                
    paid for by a school district on behalf of certain children; and                                
    providing for an effective date."                                                               
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 HES RPT 5DP                                                         2935                           
 FN1: ZERO(HSS)                                                      2935                           
 FN2: ZERO(HSS)                                                      2935                           
 FIN RPT 6DP 2NR                                                     3580                           
 FN1: ZERO(HSS)                                                      3581                           
 FN2: ZERO(HSS)                                                      3581                           
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
SB 285 be considered engrossed, advanced to third reading, and                                      
placed on final passage.                                                                            

2004-05-04                     House Journal                      Page 3795
Objection was heard.                                                                                
                                                                                                    
SB 285 will advance to third reading on tomorrow's calendar.                                        
                                                                                                    
SB 305                                                                                            
The following was read the second time:                                                             
                                                                                                    
    SENATE BILL NO. 305                                                                             
    "An Act relating to state ownership of submerged land underlying                                
    water that was navigable at the time Alaska achieved statehood."                                
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 RES RPT 6DP 2NR                                                     2985                           
 FN1: (DNR)                                                          2985                           
 FIN RPT HCS(FIN) 6DP 3NR                                            3664                           
 FN1: (DNR)                                                          3665                           
                                                                                                    
                                                                                                    
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. 305(FIN)                                                           
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that HCS                                   
SB 305(FIN) be considered engrossed, advanced to third reading, and                                 
placed on final passage.                                                                            
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
HCS SB 305(FIN) will advance to third reading on tomorrow's                                         
calendar.                                                                                           
                                                                                                    
                                                                                                    
SB 295                                                                                            
The following was read the second time:                                                             
                                                                                                    

2004-05-04                     House Journal                      Page 3796
    SENATE BILL NO. 295                                                                             
    "An Act extending the termination date of the Navigable Waters                                  
     Commission for Alaska; and providing for an effective date."                                  
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 RES RPT 7DP 1NR                                                     2984                           
 FN1: INDETERMINATE(DNR)                                             2984                           
 FIN RPT 9DP 2NR                                                     3664                           
 FN1: INDETERMINATE(DNR)                                             3664                           
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
SB 295 be considered engrossed, advanced to third reading, and                                      
placed on final passage.                                                                            
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
SB 295 will advance to third reading on tomorrow's calendar.                                        
                                                                                                    
                                                                                                    
SB 327                                                                                            
The following was read the second time:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 327(STA)                                                                 
    "An Act relating to pedestrians using rollerblades, roller skates,                              
    and rollerskis."                                                                                
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 TRA RPT 4DP 3NR                                                     3136                           
 FN1: ZERO(DPS)                                                      3136                           
 STA RPT 2DP 2NR                                                     3402                           
 FN1: ZERO(DPS)                                                      3403                           
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSSB 327(STA) be considered engrossed, advanced to third reading,                                   
and placed on final passage                                                                         
                                                                                                    

2004-05-04                     House Journal                      Page 3797
Objection was heard.                                                                                
                                                                                                    
CSSB 327(STA) will advance to third reading on tomorrow's calendar.                                 
                                                                                                    
                     THIRD READING OF SENATE BILLS                                               
                                                                                                    
SB 299                                                                                            
The following, which was advanced to third reading from the May 3,                                  
2004, calendar (page 3763), was read the third time:                                                
                                                                                                    
    HOUSE CS FOR SENATE BILL NO. 299(JUD)                                                           
    "An Act relating to a charge for a bad check."                                                  
                                                                                                    
Representative Kott moved and asked unanimous consent that he be                                    
allowed to abstain from voting because of a conflict of interest.                                   
Objection was heard, and Representative Kott was required to vote.                                  
                                                                                                    
Representative Cissna moved and asked unanimous consent that HCS                                    
CSSB 299(JUD) be returned to second reading for the specific purpose                                
of considering Amendment No. 1.  There being no objection, it was so                                
ordered.                                                                                            
                                                                                                    
Amendment No. 1 was offered  by Representative Cissna:                                               
                                                                                                    
Page 1, line 11:                                                                                    
 Delete "a"                                                                                     
 Insert "up to a maximum"                                                                       
                                                                                                    
Representative Cissna moved and asked unanimous consent that                                        
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Hawker objected.                                                                     
                                                                                                    
Representatives Gara, Rokeberg, and Stepovich moved and asked                                       
unanimous consent that they be allowed to abstain from voting                                       
because of a conflict of interest.  Objection was heard, and the                                    
members were required to vote.                                                                      
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                

2004-05-04                     House Journal                      Page 3798
                                                                                                    
HCS SB 299(JUD)                                                                                     
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  26   NAYS:  14   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Crawford, Croft, Dahlstrom,                                     
Gara, Gatto, Gruenberg, Guttenberg, Heinze, Joule, Kapsner, Kerttula,                               
Kookesh, Kott, Masek, McGuire, Morgan, Seaton, Stepovich, Stoltze,                                  
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Nays:  Chenault, Coghill, Fate, Foster, Harris, Hawker, Holm,                                       
Kohring, Lynn, Meyer, Moses, Ogg, Rokeberg, Samuels                                                 
                                                                                                    
And so, Amendment No. 1 was adopted.                                                                
                                                                                                    
                                                                                                    
The question being:  "Shall HCS SB 299(JUD) am H pass the House?"                                   
The roll was taken with the following result:                                                       
                                                                                                    
HCS SB 299(JUD) am H                                                                                
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  35   NAYS:  5   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Heinze, Holm, Joule, Kapsner, Kerttula, Kookesh, Kott, Masek,                                       
McGuire, Meyer, Morgan, Moses, Rokeberg, Samuels, Seaton,                                           
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
Nays:  Harris, Hawker, Kohring, Lynn, Ogg                                                           
                                                                                                    
And so, HCS SB 299(JUD) am H passed the House.                                                      
                                                                                                    
Representative Hawker later gave reconsideration of the vote on HCS                                 
SB 299(JUD) am H and reconsideration was taken up then.                                             
                                                                                                    
SB 323                                                                                            
The following, which was advanced to third reading from the May 3,                                  
2004, calendar (page 3766), was read the third time:                                                
                                                                                                    

2004-05-04                     House Journal                      Page 3799
    CS FOR SENATE BILL NO. 323(JUD) am                                                              
    "An Act relating to a subcontractor's, contractor's, and project                                
    owner's liability for workers' compensation, to sole proprietors                                
    and partnerships without employees, and managers or managing                                    
    members of limited liability companies, and to the exclusiveness                                
    of liability for workers' compensation."                                                        
                                                                                                    
Representative Harris moved and asked unanimous consent that CSSB
323(JUD) am be returned to second reading for the specific purpose of                               
considering Amendment No. 1.                                                                        
                                                                                                    
Representative Holm objected and withdrew the objection.  There                                     
being no further objection, CSSB 323(JUD) am was returned to                                        
second reading.                                                                                     
                                                                                                    
Amendment No. 1 was offered  by Representatives Harris and Croft:                                    
                                                                                                    
Page 2, line 14, following "subcontractor":                                                         
 Insert "that has secured the payment of compensation for its own                                   
employees as required by (a) of this section"                                                       
                                                                                                    
Page 2, line 26:                                                                                    
 Delete "not"                                                                                       
                                                                                                    
Page 2, line 28, following "death.":                                                                
 Insert  "However, the project owner, contractor, or subcontractor,                                 
or an insurer of the project owner, contractor, or subcontractor who                                
has paid any amount of compensation on behalf of a sole proprietor,                                 
member of a partnership, or manager or managing member of a                                         
limited liability company under this subsection, has a cause of action                              
to recover any amounts paid."                                                                       
                                                                                                    
Page 3, following line 15:                                                                          
 Insert a new bill section to read:                                                                 
"* Sec. 6.  AS 23.30.055 is amended by adding a new subsection to                                 
read:                                                                                               
     (b)  Notwithstanding (a) of this section, a sole proprietor,                                   
    member of a partnership, or manager or managing member of a                                     
    limited liability company may maintain an action under                                          
    AS 23.30.045(h)."                                                                               
                                                                                                    

2004-05-04                     House Journal                      Page 3800
Representative Harris moved and asked unanimous consent that                                        
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Anderson objected.                                                                   
                                                                                                    
Representative Croft placed a call of the House and lifted the call.                                
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSSB 323(JUD) am                                                                                    
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  18   NAYS:  21   EXCUSED:  0   ABSENT:  1                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara,                                         
Gruenberg, Guttenberg, Harris, Heinze, Joule, Kapsner, Kerttula,                                    
Kookesh, Lynn, Morgan, Weyhrauch, Wolf                                                              
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Fate, Foster, Gatto, Hawker,                                    
Holm, Kohring, Kott, Masek, McGuire, Meyer, Ogg, Rokeberg,                                          
Samuels, Seaton, Stepovich, Stoltze, Williams, Wilson                                               
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
Representative Seaton moved and asked unanimous consent that he be                                  
allowed to abstain from voting because of a conflict of interest.                                   
Objection was heard, and Representative Seaton was required to vote.                                
                                                                                                    
Representative Kott declared a conflict of interest.                                                
                                                                                                    
Representative Anderson placed a call of the House.  The call was                                   
satisfied.                                                                                          
                                                                                                    
Representative Chenault moved and asked unanimous consent that he                                   
be allowed to abstain from voting because of a conflict of interest.                                
Objection was heard, and Representative Chenault was required to                                    
vote.                                                                                               
                                                                                                    
Representative Anderson lifted the call.                                                            

2004-05-04                     House Journal                      Page 3801
                             ANNOUNCEMENTS                                                       
                                                                                                    
Majority Caucus           Speaker's Chamber                4:00 p.m., 5/4                           
                                                                                                    
The Speaker stated that, without objection, the House would recess;                                 
and so, the House recessed at 12:51 p.m.                                                            
                                                                                                    
                             AFTER RECESS                                                        
                                                                                                    
The Speaker called the House back to order at 10:15 p.m.                                            
                                                                                                    
                     THIRD READING OF SENATE BILLS                                               
                              (continued)                                                          
                                                                                                    
SB 323                                                                                            
Representative Croft moved and asked unanimous consent that CSSB
323(JUD) am be returned to second reading for the specific purpose of                               
considering Amendment No. 2.                                                                        
                                                                                                    
Representative Anderson objected and withdrew the objection.  There                                 
being no further objection, CSSB 323(JUD) am was returned to                                        
second reading.                                                                                     
                                                                                                    
Amendment No. 2 was offered  by Representative Croft:                                                
                                                                                                    
Page 2, lines 12 - 28:                                                                              
 Delete all material.                                                                               
                                                                                                    
Renumber the following bill section accordingly.                                                    
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Anderson objected.                                                                   
                                                                                                    
Representative Rokeberg rose to a point of order regarding confining                                
remarks to the amendment.                                                                           
                                                                                                    
The Speaker cautioned the member to narrow the remarks.                                             
                                                                                                    

2004-05-04                     House Journal                      Page 3802
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSSB 323(JUD) am                                                                                    
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  19   NAYS:  20   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gatto,                                  
Gruenberg, Guttenberg, Harris, Joule, Kapsner, Kerttula, Lynn,                                      
Morgan, Moses, Seaton, Weyhrauch, Wolf                                                              
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Fate, Foster, Hawker, Heinze,                                   
Holm, Kohring, Kott, Masek, McGuire, Meyer, Ogg, Rokeberg,                                          
Samuels, Stepovich, Stoltze, Williams, Wilson                                                       
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Kookesh be excused from a call of the House tonight.                                 
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
**The voting record was changed to reflect that Representative                                      
Kookesh was excused.                                                                                
                                                                                                    
The Speaker stated that, without objection, CSSB 323(JUD) am would                                  
be moved to the bottom of the calendar.                                                             
                                                                                                    
                                                                                                    
                            RECONSIDERATION                                                      
                                                                                                    
SB 299                                                                                            
Representative Hawker gave notice of reconsideration of the vote on                                 
HCS SB 299(JUD) am H (page 3798).                                                                   
                                                                                                    
Representative Hawker moved and asked unanimous consent that                                        
reconsideration of HCS SB 299(JUD) am H be taken up on the same                                     
day.  There being no objection, it was so ordered.                                                  
                                                                                                    

2004-05-04                     House Journal                      Page 3803
The following was again before the House in third reading:                                          
                                                                                                    
    HOUSE CS FOR SENATE BILL NO. 299(JUD) am H                                                      
    "An Act relating to a charge for a bad check."                                                  
                                                                                                    
The question to be reconsidered:  "Shall HCS SB 299(JUD) am H pass                                  
the House?"  The roll was taken with the following result:                                          
                                                                                                    
HCS SB 299(JUD) am H--RECONSIDERATION                                                               
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  2   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kott, Lynn,                                 
Masek, McGuire, Meyer, Morgan, Moses, Rokeberg, Samuels, Seaton,                                    
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
Nays:  Kohring, Ogg                                                                                 
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    
And so, HCS SB 299(JUD) am H passed the House on reconsideration                                    
and was referred to the Chief Clerk for engrossment.                                                
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                              (continued)                                                          
                                                                                                    
                 SECOND READING OF SENATE RESOLUTIONS                                            
                                                                                                    
SJR 14                                                                                            
The following was read the second time:                                                             
                                                                                                    
    SENATE JOINT RESOLUTION NO. 14                                                                  
    Requesting the Federal Aviation Administration to fully staff and                               
    maintain flight service stations in Alaska.                                                     
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 TRA RPT 5DP                                                         3401                           
 FN2: ZERO(S.RLS/DOT)                                                3401                           

2004-05-04                     House Journal                      Page 3804
 CRA RPT 5DP                                                         3535                           
 FN2: ZERO(S.RLS/DOT)                                                3536                           
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
SJR 14 be considered engrossed, advanced to third reading, and placed                               
on final passage.  There being no objection, it was so ordered.                                     
                                                                                                    
SJR 14 was read the third time.                                                                     
                                                                                                    
The question being:  "Shall SJR 14 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
SJR 14                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring,                                    
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                    
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    
And so, SJR 14 passed the House and was returned to the Senate.                                     
                                                                                                    
SJR 27                                                                                            
The following was read the second time:                                                             
                                                                                                    
    SENATE JOINT RESOLUTION NO. 27                                                                  
    Relating to the resolution of submerged land title disputes.                                    
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 RES RPT 5DP                                                         2948                           
 FN1: ZERO(DNR)                                                      2949                           
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
SJR 27 be considered engrossed, advanced to third reading, and placed                               
on final passage.                                                                                   
                                                                                                    

2004-05-04                     House Journal                      Page 3805
Objection was heard.                                                                                
                                                                                                    
SJR 27 will advance to third reading on tomorrow's calendar.                                        
                                                                                                    
                                                                                                    
The Speaker stated that, without objection, the House would revert to:                              
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
HB 561                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 561                                                                              
    "An Act providing for and relating to the issuance of general                                   
    obligation bonds in a principal amount of not more than                                         
    $1,000,000 for the purpose of paying the cost of state                                          
    transportation projects; and providing for an effective date."                                  
                                                                                                    
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 561(FIN)                                                                  
    "An Act providing for and relating to the issuance of general                                   
    obligation bonds in a principal amount of not more than                                         
    $93,280,000 for the purpose of paying the cost of state                                         
    transportation projects; and providing for an effective date."                                  
                                                                                                    
The report was signed by Representative Williams, Co-chair, with the                                
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Meyer, Hawker, Chenault, Fate, Foster, Williams                                       
                                                                                                    
No recommendation (1):  Stoltze                                                                     
                                                                                                    
The following fiscal note(s) apply to CSHB 561(FIN):                                                
                                                                                                    
1.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
HB 561 is on today's first supplemental calendar.                                                   
                                                                                                    

2004-05-04                     House Journal                      Page 3806
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                              (continued)                                                          
                                                                                                    
                     THIRD READING OF SENATE BILLS                                               
                              (continued)                                                          
                                                                                                    
SB 323                                                                                            
The following, which had been moved to the bottom of the calendar                                   
(page 3802), was again before the House in third reading:                                           
                                                                                                    
    CS FOR SENATE BILL NO. 323(JUD) am                                                              
    "An Act relating to a subcontractor's, contractor's, and project                                
    owner's liability for workers' compensation, to sole proprietors                                
    and partnerships without employees, and managers or managing                                    
    members of limited liability companies, and to the exclusiveness                                
    of liability for workers' compensation."                                                        
                                                                                                    
Representative Gara moved and asked unanimous consent that CSSB
323(JUD) am be returned to second reading for the specific purpose of                               
considering Amendment No. 3.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
Amendment No. 3 was offered  by Representative Gara:                                                 
                                                                                                    
Page 3, line 14, following "liable for":                                                        
 Delete "or potentially liable"                                                                 
                                                                                                    
Page 3, line 15, following "compensation":                                                      
 Insert "and is properly insured to pay that compensation"                                      
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Anderson objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSSB 323(JUD) am                                                                                    
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  17   NAYS:  22   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    

2004-05-04                     House Journal                      Page 3807
Yeas:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gatto,                                  
Gruenberg, Guttenberg, Harris, Joule, Kapsner, Kerttula, Lynn,                                      
Moses, Weyhrauch, Wolf                                                                              
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Fate, Foster, Hawker, Heinze,                                   
Holm, Kohring, Kott, Masek, McGuire, Meyer, Morgan, Ogg,                                            
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams, Wilson                                     
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    
And so, Amendment No. 3 was not adopted.                                                            
                                                                                                    
The question being:  "Shall CSSB 323(JUD) am pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
CSSB 323(JUD) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  19   NAYS:  20   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Fate, Foster, Hawker, Heinze,                                   
Holm, Kohring, Kott, Masek, McGuire, Meyer, Morgan, Rokeberg,                                       
Samuels, Stepovich, Stoltze, Williams                                                               
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gatto,                                  
Gruenberg, Guttenberg, Harris, Joule, Kapsner, Kerttula, Lynn,                                      
Moses, Ogg, Seaton, Weyhrauch, Wilson, Wolf                                                         
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    
And so, CSSB 323(JUD) am failed to pass the House.                                                  
                                                                                                    
Representative Anderson gave notice of reconsideration of the vote on                               
CSSB 323(JUD) am(fld H).                                                                            
                                                                                                    
                CONSIDERATION OF THE FIRST SUPPLEMENTAL                                          
                               CALENDAR                                                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adopt the First Supplemental Calendar.  There being no                                        
objection, the following was adopted:                                                               
                                                                                                    
             HB 561 G.O. BONDS FOR TRANSPORTATION PROJECTS                                         
                                                                                                    

2004-05-04                     House Journal                      Page 3808
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 561                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 561                                                                              
    "An Act providing for and relating to the issuance of general                                   
    obligation bonds in a principal amount of not more than                                         
    $1,000,000 for the purpose of paying the cost of state                                          
    transportation projects; and providing for an effective date."                                  
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 FIN RPT CS(FIN) NT 6DP 1NR                                          3805                           
 FN1: (REV)                                                          3805                           
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    CS FOR HOUSE BILL NO. 561(FIN)                                                                  
    "An Act providing for and relating to the issuance of general                                   
    obligation bonds in a principal amount of not more than                                         
    $93,280,000 for the purpose of paying the cost of state                                         
    transportation projects; and providing for an effective date."                                  
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 561(FIN) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 561(FIN) was read the third time.                                                              
                                                                                                    
Representative Rokeberg placed a call of the House on the bill.                                     
                                                                                                    
The Speaker stated the call was satisfied.                                                          
                                                                                                    
The question being:  "Shall CSHB 561(FIN) pass the House?"  The                                     
roll was taken with the following result:                                                           

2004-05-04                     House Journal                      Page 3809
                                                                                                    
CSHB 561(FIN)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  34   NAYS:  5   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft,                                      
Dahlstrom, Fate, Foster, Gara, Gruenberg, Guttenberg, Hawker,                                       
Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kott, Masek,                                       
McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton,                                      
Stepovich, Weyhrauch, Williams, Wilson, Wolf                                                        
                                                                                                    
Nays:  Coghill, Gatto, Harris, Lynn, Stoltze                                                        
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    
And so, CSHB 561(FIN) passed the House.                                                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
Representative Gatto later gave notice of reconsideration of the vote                               
on CSHB 561(FIN), and reconsideration was taken up then.                                            
                                                                                                    
The Speaker stated that, without objection, the House would recess for                              
a Rules Committee meeting; and so, the House recessed at 11:17 p.m.                                 
                                                                                                    
                             AFTER RECESS                                                        
                                                                                                    
The Speaker called the House back to order at 12:52 a.m.                                            
                                                                                                    
The Speaker stated that, without objection, the House would revert to:                              
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
HB 404                                                                                            
The Rules Committee has considered:                                                                 
                                                                                                    
    HOUSE BILL NO. 404                                                                              
    "An Act relating to the Alaska Commission on Postsecondary                                      
    Education; relating to the Alaska Student Loan Corporation;                                     

2004-05-04                     House Journal                      Page 3810
    relating to bonds of the corporation; relating to loan and grant                                
    programs of the commission; relating to an exemption from the                                   
    State Procurement Code regarding certain contracts of the                                       
    commission or corporation; making conforming changes; and                                       
    providing for an effective date."                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 404(RLS)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Rokeberg, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Kerttula, Berkowitz, Rokeberg                                                         
                                                                                                    
No recommendation (4):  Kott, Coghill, Morgan, McGuire                                              
                                                                                                    
The following fiscal note(s) apply to CSHB 404(RLS):                                                
                                                                                                    
6.  Fiscal, Dept. of Education & Early Development                                                  
                                                                                                    
HB 404 is on today's second supplemental calendar.                                                  
                                                                                                    
                                                                                                    
               CONSIDERATION OF THE SECOND SUPPLEMENTAL                                          
                               CALENDAR                                                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adopt the Second Supplemental Calendar.  There being no                                       
objection, the following was adopted:                                                               
                                                                                                    
    HB 404 STUDENT LOAN PROGRAMS                                                                    
                                                                                                    
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 404                                                                                            
The following was read the second time:                                                             
                                                                                                    

2004-05-04                     House Journal                      Page 3811
    HOUSE BILL NO. 404                                                                              
    "An Act relating to the Alaska Commission on Postsecondary                                      
    Education; relating to the Alaska Student Loan Corporation;                                     
    relating to bonds of the corporation; relating to loan and grant                                
    programs of the commission; relating to an exemption from the                                   
    State Procurement Code regarding certain contracts of the                                       
    commission or corporation; making conforming changes; and                                       
    providing for an effective date."                                                               
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 EDU REFERRAL WAIVED                                                 2667                           
 HES RPT CS(HES) 6DP                                                 2740                           
 FN1: ZERO(ADM)                                                      2740                           
 FN2: ZERO(CED)                                                      2740                           
 FN4: ZERO(LWF)                                                      2740                           
 FN5: (EED)                                                          2740                           
 FIN RPT CS(HES) 5DP 5NR                                             2807                           
 FN1: ZERO(ADM)                                                      2807                           
 FN2: ZERO(CED)                                                      2807                           
 FN4: ZERO(LWF)                                                      2807                           
 FN5: (EED)                                                          2807                           
 RLS RPT CS(RLS) 3DP 4NR                                             3809                           
 FN6: (EED)                                                          3810                           
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    CS FOR HOUSE BILL NO. 404(RLS)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 404(RLS) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 404(RLS) was read the third time.                                                              
                                                                                                    

2004-05-04                     House Journal                      Page 3812
The question being:  "Shall CSHB 404(RLS) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 404(RLS)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  34   NAYS:  5   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft,                                      
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Hawker,                                
Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kott, Lynn, Masek,                                 
McGuire, Morgan, Moses, Ogg, Rokeberg, Seaton, Stepovich, Stoltze,                                  
Weyhrauch, Williams, Wolf                                                                           
                                                                                                    
Nays:  Coghill, Harris, Meyer, Samuels, Wilson                                                      
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    
And so, CSHB 404(RLS) 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 404(RLS) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                              (continued)                                                          
                                                                                                    
                         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 - Dr. Julius R. Krevans, Jr.                                                               
By Representatives Kapsner, Kott, Anderson, Berkowitz, Chenault,                                    
Cissna, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg,                                         
Guttenberg, Harris, Hawker, Holm, Joule, Kerttula, Kohring,                                         
Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels,                                     
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                       
                                                                                                    

2004-05-04                     House Journal                      Page 3813
Honoring - Peter DuBois                                                                             
By Representatives Kerttula, Weyhrauch, Kott, Anderson, Berkowitz,                                  
Chenault, Cissna, Crawford, Croft, Dahlstrom, Gara, Gatto,                                          
Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner,                                        
Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                     
Samuels, Seaton, Stepovich, Stoltze, Williams, Wilson, Wolf; Senator                                
Elton                                                                                               
                                                                                                    
Honoring - Rosalee Walker                                                                           
By Representatives Kerttula, Weyhrauch, Kott, Anderson, Berkowitz,                                  
Chenault, Cissna, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto,                                  
Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner,                                        
Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                     
Samuels, Seaton, Stepovich, Stoltze, Williams, Wilson, Wolf;                                        
Senator Elton                                                                                       
                                                                                                    
Honoring - Juneau-Douglas High School, 100 Years of Graduating                                      
Classes                                                                                             
By Representatives Kerttula, Weyhrauch, Kott, Anderson, Berkowitz,                                  
Chenault, Cissna, Crawford, Croft, Dahlstrom, Gara, Gatto,                                          
Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner,                                        
Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Ogg,                                         
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams, Wilson,                                    
Wolf; Senator Elton                                                                                 
                                                                                                    
Honoring - Emma Olsen                                                                               
By Senator Elton; Representatives Weyhrauch, Kerttula, Kott,                                        
Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom,                                  
Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule,                                    
Kapsner, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg,                                      
Rokeberg, Samuels, Seaton, Stepovich, Williams, Wilson, Wolf                                        
                                                                                                    
Honoring - Sgt. Tyler Allen Hall                                                                    
By Senator Green; Representatives Gatto, Stoltze, Kott, Anderson,                                   
Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Gara,                                      
Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner,                                        
Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg,                                     
Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson,                                  
Wolf                                                                                                
                                                                                                    

2004-05-04                     House Journal                      Page 3814
Honoring - The Alaska Folk Festival                                                                 
By Senator Elton; Representatives Weyhrauch, Kerttula, Kott,                                        
Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom,                                  
Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule,                                    
Kapsner, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan,                                     
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams,                                       
Wilson, Wolf                                                                                        
                                                                                                    
In Memoriam - Ruth Wilma Schmitz                                                                    
By Representatives Kerttula, Weyhrauch, Kott, Anderson, Berkowitz,                                  
Chenault, Cissna, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto,                                  
Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner,                                        
Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                     
Samuels, Seaton, Stepovich, Stoltze, Williams, Wilson, Wolf;                                        
Senator Elton                                                                                       
                                                                                                    
                            RECONSIDERATION                                                      
                                                                                                    
HB 561                                                                                            
Representative Gatto gave notice of reconsideration of the vote on                                  
CSHB 561(FIN) (page 3809).                                                                          
                                                                                                    
Representative Gatto moved and asked unanimous consent that                                         
reconsideration of CSHB 561(FIN) be taken up on the same day.                                       
There being no objection, it was so ordered.                                                        
                                                                                                    
The following was again before the House in third reading:                                          
                                                                                                    
    CS FOR HOUSE BILL NO. 561(FIN)                                                                  
    "An Act providing for and relating to the issuance of general                                   
    obligation bonds in a principal amount of not more than                                         
    $93,280,000 for the purpose of paying the cost of state                                         
    transportation projects; and providing for an effective date."                                  
                                                                                                    
The question to be reconsidered:  "Shall CSHB 561(FIN) pass the                                     
House?"  The roll was taken with the following result:                                              
                                                                                                    
CSHB 561(FIN)--RECONSIDERATION                                                                      
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  34   NAYS:  5   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    

2004-05-04                     House Journal                      Page 3815
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft,                                      
Dahlstrom, Fate, Foster, Gatto, Gruenberg, Guttenberg, Hawker,                                      
Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kott, Masek,                                       
McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton,                                      
Stepovich, Stoltze, Weyhrauch, Williams, Wilson                                                     
                                                                                                    
Nays:  Coghill, Gara, Harris, Lynn, Wolf                                                            
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    
And so, CSHB 561(FIN) passed the House on reconsideration.                                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
CSHB 561(FIN) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HB 468                                                                                            
The Speaker stated that, without objection, reconsideration of the                                  
following, which had been held to today (page 3775), will be held to                                
May 5, 2004:                                                                                        
                                                                                                    
    CS FOR HOUSE BILL NO. 468(JUD)(ct rule fld)                                                     
    "An Act relating to the amount of the bond required to stay                                     
    execution of a judgment in civil litigation involving a signatory, a                            
    successor of a signatory, or an affiliate of a signatory to the                                 
    tobacco product Master Settlement Agreement during an appeal;                                   
    and providing for an effective date."                                                           
                                                                                                    
SB 349                                                                                            
The Speaker waived the Labor & Commerce Committee referral for                                      
the following at the request of Representative Anderson, Chair:                                     
                                                                                                    
    SENATE BILL NO. 349                                                                             
    "An Act requiring licensure of midwifery birth centers; and                                     
    providing for an effective date."                                                               
                                                                                                    

2004-05-04                     House Journal                      Page 3816
SB 349 was removed from the Labor & Commerce Committee and                                          
referred to the Finance Committee.                                                                  
                                                                                                    
HB 84                                                                                             
Representative Seaton added his name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 84                                                                               
    "An Act relating to a curriculum for Alaska history; and providing                              
    for an effective date."                                                                         
                                                                                                    
                                                                                                    
SJR 14                                                                                            
Representatives Stoltze and Lynn added their names as cross sponsors                                
to:                                                                                                 
                                                                                                    
    SENATE JOINT RESOLUTION NO. 14                                                                  
    Requesting the Federal Aviation Administration to fully staff and                               
    maintain flight service stations in Alaska.                                                     
                                                                                                    
SJR 27                                                                                            
Representatives Weyhrauch, Chenault, and Seaton added their names                                   
as cross sponsors to:                                                                               
                                                                                                    
    SENATE JOINT RESOLUTION NO. 27                                                                  
    Relating to the resolution of submerged land title disputes.                                    
                                                                                                    
                                                                                                    
SB 132                                                                                            
Representatives Kookesh and Morgan added their names as cross                                       
sponsors to:                                                                                        
                                                                                                    
    CS FOR SENATE BILL NO. 132(RES)                                                                 
    "An Act removing the Old Minto townsite from the Minto Flats                                    
    State Game Refuge; and authorizing the Department of Natural                                    
    Resources to convey certain land at the historic Old Minto site to                              
    the Native Village of Minto."                                                                   
                                                                                                    
SB 286                                                                                            
Representative Wilson added her name as cross sponsor to:                                           
                                                                                                    

2004-05-04                     House Journal                      Page 3817
    CS FOR SENATE BILL NO. 286(FIN)                                                                 
    "An Act relating to direct marketing fisheries businesses, to the                               
    fisheries business tax, and to liability for payment of taxes and                               
    assessments on the sale or transfer of fishery resources; and                                   
    providing for an effective date."                                                               
                                                                                                    
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HB 404                                                                                            
CSHB 404(RLS) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HB 561                                                                                            
CSHB 561(FIN) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
SB 299                                                                                            
HCS SB 299(JUD) am H was engrossed, signed by the Speaker and                                       
Chief Clerk and transmitted to the Senate for consideration.                                        
                                                                                                    
                                                                                                    
                              ENROLLMENT                                                         
                                                                                                    
HB 350                                                                                            
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 10:11 a.m.,                                
May 4, 2004:                                                                                        
                                                                                                    
    CS FOR HOUSE BILL NO. 350(STA)                                                                  
    "An Act adding personal injury and death from arson in the first                                
    degree to the injuries compensable by the Violent Crimes                                        
    Compensation Board; and providing for an effective date."                                       
                                                                                                    
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    

2004-05-04                     House Journal                      Page 3818
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 11:00 a.m., May 5, 2004.  There being no                                        
objection, the House adjourned at 1:04 a.m., May 5, 2004.                                           
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk