Legislature(2003 - 2004)
2004-05-10 House Journal
Full Journal pdf2004-05-10 House Journal Page 4105 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday May 10, 2004 One Hundred Twentieth Day Pursuant to adjournment the House was called to order by Speaker Kott at 1:43 p.m. Roll call showed 35 members present. Representatives Anderson, Fate, Heinze, McGuire, and Wilson were absent and their presence was noted later. The invocation was offered by the Chaplain, Representative Stepovich. Representative Stoltze moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Lord, we pray to You everyday to help us in many ways. We want to thank You, Lord, for all the help we receive. So, as the trials and tribulations continue, I ask You, Lord, to give this House of Representatives and all Alaskans the wisdom, strength, and courage to do what is honest and fair to help steady the course of this great state. Help us, Lord, to do Your will. Help us, Lord, to help Alaskans. Amen. The Pledge of Allegiance was led by Representative Morgan. CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 118th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. 2004-05-10 House Journal Page 4106 MESSAGES FROM THE SENATE HCR 37 A message dated May 9, 2004, was read stating the Senate has passed: HOUSE CONCURRENT RESOLUTION NO. 37 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 194, relating to delivery of distilled spirits and beer. HCR 37 was referred to the Chief Clerk for enrollment. HJR 5 A message dated May 9, 2004, was read stating the Senate has passed: HOUSE JOINT RESOLUTION NO. 5 Proposing an amendment to the Constitution of the State of Alaska relating to initiative and referendum petitions. HJR 5 was referred to the Chief Clerk for enrollment. HJR 48 A message dated May 9, 2004, was read stating the Senate has passed: CS FOR HOUSE JOINT RESOLUTION NO. 48(RLS) Sending a message of goodwill to President Chen Shui-bian and to the people of Taiwan, and reaffirming the Alaska State Legislature's 2003 resolution urging the United States Congress to support the granting of official Observer Status to the Republic of China on Taiwan and to support negotiation of a free trade agreement with the Republic of China on Taiwan. CSHJR 48(RLS) was referred to the Chief Clerk for enrollment. HB 31 A message dated May 9, 2004, was read stating the Senate has passed: HOUSE BILL NO. 31 "An Act relating to initiative and referendum petitions; and providing for an effective date." 2004-05-10 House Journal Page 4107 HB 31 was referred to the Chief Clerk for enrollment. HB 51 A message dated May 9, 2004, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 51(HES) "An Act requiring pharmacists to include generic drug information on containers in which brand-name prescription drug orders are dispensed." CSHB 51(HES) was referred to the Chief Clerk for enrollment. HB 56 A message dated May 9, 2004, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 56(L&C) "An Act relating to the award to the state of actual reasonable attorney fees and costs, including costs of investigation, in certain court actions relating to unfair trade practices; and amending Rules 54(d), 79, and 82, Alaska Rules of Civil Procedure." CSHB 56(L&C) was referred to the Chief Clerk for enrollment. HB 424 A message dated May 9, 2004, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 424(JUD) "An Act relating to review by the Legislative Affairs Agency of certain state agency regulations proposed for adoption, amendment, or repeal under the Administrative Procedure Act; repealing provisions relating to annulment of regulations; and providing for an effective date." with a technical title change: CS FOR HOUSE BILL NO. 424(JUD)(efd fld S) "An Act relating to review by the Legislative Affairs Agency of certain state agency regulations proposed for adoption, amendment, or repeal under the Administrative Procedure Act; and repealing provisions relating to annulment of regulations." 2004-05-10 House Journal Page 4108 CSHB 424(JUD)(efd fld S) was referred to the Chief Clerk for enrollment. SB 194 A message dated May 9, 2004, was read stating the Senate has concurred in the House amendment to: CS FOR SENATE BILL NO. 194(FIN) "An Act authorizing delivery of up to two bottles of distilled spirits and 40 ounces of beer to a cruise ship passenger or hotel guest." thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 194(L&C) "An Act authorizing delivery of up to two bottles of distilled spirits or 72 ounces of beer to a cruise ship passenger or hotel guest." (HCR 37 - title change resolution) SB 273 A message dated May 9, 2004, was read stating the Senate has concurred in the House amendment to CSSB 273(FIN), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 273(FIN) "An Act amending the size, membership, and powers of the board of directors of the Alaska Seafood Marketing Institute and making a corresponding change in the quorum requirement; authorizing the establishment of the seafood marketing assessment at a rate of 0.5 percent or 0.6 percent of the value of seafood products produced; providing for an election to retain, terminate, or increase the seafood marketing assessment; providing for the repeal of the salmon marketing tax and provisions related to the salmon marketing tax; and providing for an effective date." SB 276 A message dated May 9, 2004, was read stating the Senate has concurred in the House amendment to CSSB 276(FIN), thus adopting: 2004-05-10 House Journal Page 4109 HOUSE CS FOR CS FOR SENATE BILL NO. 276(JUD) "An Act relating to the Alaska Insurance Guaranty Association; relating to the powers of the Alaska Industrial Development and Export Authority concerning the association; and providing for an effective date." SB 351 A message dated May 9, 2004, was read stating the Senate has concurred in the House amendment to CSSB 351(FIN), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 351(STA) "An Act requiring the Alaska Public Offices Commission to accept documents by nonelectronic means, and specifying the manner of preparing the forms that are provided by the commission." SB 365 A message dated May 9, 2004, was read stating the Senate has concurred in the House amendment to CSSB 365(FIN), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 365(FIN) "An Act relating to the regulation of speech-language pathologist assistants; and providing for an effective date." SB 30 A message dated May 9, 2004, was read stating the Senate has failed to concur in the House amendment to: CS FOR SENATE BILL NO. 30(JUD) am "An Act relating to information and services available to pregnant women and other persons; and ensuring informed consent before an abortion may be performed, except in cases of medical emergency." namely: 2004-05-10 House Journal Page 4110 HOUSE CS FOR CS FOR SENATE BILL NO. 30(JUD) "An Act relating to information and services available to pregnant women and other persons; ensuring informed consent before an abortion may be performed; and providing exceptions to informed consent in certain cases." (HCR 36 - title change resolution) and respectfully requests the House to recede from its amendment. In the event the House fails to recede, the President appointed the following members to a Conference Committee to meet with the like committee from the House to consider the bills: Senator Dyson, Chair Senator Seekins Senator Lincoln HCS CSSB 30(JUD) is under Unfinished Business. A message dated May 9, 2004, was read stating the Senate has passed the following and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 28 SENATE CONCURRENT RESOLUTION NO. 28 by the Senate Rules Committee: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 459, relating to optically scanned and electronically generated ballots. was read the first time and referred to the Rules Committee for placement on the calendar. 2004-05-10 House Journal Page 4111 REPORTS OF STANDING COMMITTEES SB 224 The Finance Committee has considered: CS FOR SENATE BILL NO. 224(STA) "An Act relating to a minor operating a vehicle after consuming alcohol, to a minor refusing to submit to chemical tests, and to driving during the 24 hours after being cited for one of those offenses; and providing for an effective date." The report was signed by Representatives Harris and Williams, Co- chairs, with the following individual recommendations: Do pass (4): Meyer, Joule, Croft, Williams Do not pass (1): Fate No recommendation (6): Hawker, Stoltze, Moses, Chenault, Foster, Harris The following fiscal note(s) apply: 5. Zero, Dept. of Public Safety 6. Indeterminate, Alaska Court System 7. Zero, Dept. of Health & Social Services 8. Zero, Dept. of Administration 9. Indeterminate, Dept. of Administration 11. Zero, House Finance Committee/Dept. of Administration CSSB 224(STA) is on today's calendar. SB 232 The Finance Committee has considered: CS FOR SENATE BILL NO. 232(FIN) "An Act relating to federal tax requirements for and other provisions of the teachers' retirement system, the public employees' retirement system, and the judicial retirement system; 2004-05-10 House Journal Page 4112 removing village public safety officers from the public employees' retirement system; eliminating the public employees' retirement system conditional duty to refund contributions under $1,000 to inactive employees; limiting service credit for village public safety officer service in the public employees' retirement system to five years; and providing for an effective date." The report was signed by Representatives Harris and Williams, Co- chairs, with the following individual recommendations: Do pass (4): Meyer, Fate, Foster, Williams No recommendation (5): Hawker, Stoltze, Croft, Moses, Harris The following fiscal note(s) apply: 2. Zero, Dept. of Administration/Various Depts. CSSB 232(FIN) is on today's calendar. SB 254 The Labor & Commerce Committee has considered: CS FOR SENATE BILL NO. 254(FIN)(efd fld) "An Act relating to tourism marketing contracts." The report was signed by Representative Anderson, Chair, with the following individual recommendations: Do pass (2): Rokeberg, Anderson No recommendation (4): Crawford, Guttenberg, Dahlstrom, Lynn The following fiscal note(s) apply: 1. Zero, Dept. of Revenue CSSB 254(FIN)(efd fld) is on today's calendar. 2004-05-10 House Journal Page 4113 SB 302 The State Affairs Committee has considered: CS FOR SENATE BILL NO. 302(FIN) "An Act relating to the authority to take oaths, affirmations, and acknowledgments in the state, to notarizations, to verifications, to acknowledgments, to fees for issuing certificates with the seal of the state affixed, and to notaries public; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 302(STA) (same title) The report was signed by Representative Weyhrauch, Chair, with the following individual recommendations: Do pass (4): Lynn, Seaton, Gruenberg, Weyhrauch The following fiscal note(s) apply to HCS CSSB 302(STA): 1. Fiscal, Office of the Governor CSSB 302(FIN) was referred to the Finance Committee. SB 376 The Finance Committee has considered: CS FOR SENATE BILL NO. 376(HES) am "An Act relating to public assistance and subpoena powers; and relating to the permanent fund dividend and subpoena powers." The report was signed by Representatives Harris and Williams, Co- chairs, with the following individual recommendations: Do pass (2): Meyer, Williams No recommendation (8): Hawker, Stoltze, Joule, Croft, Chenault, Fate, Foster, Harris 2004-05-10 House Journal Page 4114 The following fiscal note(s) apply: 1. Fiscal, Dept. of Health & Social Services 2. Fiscal, Dept. of Health & Social Services 3. Zero, Dept. of Revenue 4. Fiscal, Dept. of Health & Social Services CSSB 376(HES) am is on today's calendar. **The presence of Representative Wilson was noted. SB 392 The Finance Committee has considered: SENATE BILL NO. 392 "An Act relating to the expenses of investigation, hearing, or public advocacy before the Regulatory Commission of Alaska, to calculation of the regulatory cost charge for public utilities and pipeline carriers to include the Department of Law's costs of its public advocacy function, to inspection of certain books and records by the attorney general when participating as a party in a matter before the Regulatory Commission of Alaska; and providing for an effective date." The report was signed by Representatives Harris and Williams, Co- chairs, with the following individual recommendations: Do pass (3): Fate, Foster, Williams No recommendation (8): Meyer, Hawker, Stoltze, Joule, Croft, Moses, Chenault, Harris The following fiscal note(s) apply: 3. Fiscal, Dept. of Law SB 392 is on today's calendar. SB 393 The Finance Committee has considered: 2004-05-10 House Journal Page 4115 CS FOR SENATE BILL NO. 393(FIN) "An Act relating to default on tuition, fees, and other charges of the University of Alaska and to claims on permanent fund dividends for tuition, fees, and other charges of the University of Alaska that are in default." The report was signed by Representatives Harris and Williams, Co- chairs, with the following individual recommendations: Do pass (7): Hawker, Moses, Chenault, Fate, Foster, Harris, Williams No recommendation (4): Meyer, Stoltze, Joule, Croft The following fiscal note(s) apply: 1. Fiscal, University of Alaska 2. Fiscal, Dept. of Revenue CSSB 393(FIN) is on today's calendar. SB 395 The Finance Committee has considered: CS FOR SENATE BILL NO. 395(FIN) am "An Act authorizing the Alaska Railroad Corporation to extend its rail line to Fort Greely, Alaska, and relating to that extension; authorizing the corporation to issue bonds to finance the cost of the extension and necessary facilities and equipment; relating to the Railroad Planning, Platting, and Land Use Regulation Task Force; and providing for an effective date." The report was signed by Representatives Harris and Williams, Co- chairs, with the following individual recommendations: Do pass (5): Meyer, Fate, Foster, Harris, Williams No recommendation (5): Hawker, Stoltze, Croft, Moses, Chenault 2004-05-10 House Journal Page 4116 The following fiscal note(s) apply: 2. Fiscal, Dept. of Community & Economic Development CSSB 395(FIN) am is on today's calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Rear Admiral James Underwood By Representatives Weyhrauch, Kerttula; Senator Elton Honoring - KTOO-FM's 30th and KTOO-TV's 25th Anniversary of Broadcasting By Representatives Weyhrauch, Kerttula; Senator Elton Honoring - Sgt. Alvin Cates By Representative Stepovich Honoring - Spc. Phillip Pitts By Representative Stepovich Honoring - Betty & Abner Nelson By Representative Ogg Honoring - Max C. Brewer By Representative Joule Honoring - Kevin Ferry By Representatives Gatto, Stoltze Honoring - George V. Larson, II By Representatives Gatto, Stoltze Honoring - Dana Phillips By Representative Gatto 2004-05-10 House Journal Page 4117 Honoring - Don Skewis By Representatives Anderson, McGuire, Rokeberg Honoring - SAIL, Southeast Alaska Independent Living By Representatives Weyhrauch, Kerttula; Senator Elton Honoring - Big Brothers and Big Sisters of Southeast Alaska By Representatives Weyhrauch, Kerttula; Senator Elton Honoring - The Filipino Heritage in Juneau and Alaska By Representatives Weyhrauch, Kerttula; Senator Elton Honoring - Mountain View School By Representative Gruenberg; Senator Guess Honoring - Donald and Christina Gregory By Senator Elton; Representatives Weyhrauch, Kerttula Honoring - Wilhelmenia and Reverend William Greene By Senator Davis Honoring - James N. Wanamaker By Senator Davis Honoring - Melody Douglas By Senator Wagoner Honoring - Fred Miller, Nikiski Chamber of Commerce 2004 Community Service Award By Senator Wagoner; Representative Chenault Honoring - Mayor John J. Williams, City of Kenai By Senator Wagoner Honoring - John R. Kito, William Tyson Elementary School Principal By Senators Guess, Ben Stevens; Representative Gruenberg Honoring - Sigrid Aas By Senators Seekins, Wilken 2004-05-10 House Journal Page 4118 Honoring - UAF Men's Basketball Team By Senator Seekins Honoring - Soldotna Chamber of Commerce 2003 Community Awards By Senator Wagoner Commemorating - National Correctional Officers' Week, May 2-8, 2004 By Senator Wagoner; Representative Stoltze In Memoriam - Jack L. Rhines By Representative Ogg; Senator Gary Stevens In Memoriam - Joseph Graham By Representatives Weyhrauch, Kerttula; Senator Elton In Memoriam - Phil Anderson By Representative Ogg; Senator Gary Stevens In Memoriam - Joshua Alexander Boycott By Senator Seekins In Memoriam - James Magoffin, Sr. By Senator Seekins; Representative Hawker In Memoriam - Dottie Magoffin By Senator Seekins; Representative Hawker In Memoriam - Veronica Stromile By Senator Davis In Memoriam - James C. Parson By Senator Davis In Memoriam - Alpine Nichols Kameroff By Senator Lincoln In Memoriam - Michael Joseph Fenster By Senator Elton; Representatives Weyhrauch, Kerttula 2004-05-10 House Journal Page 4119 In Memoriam - Patricia N. Stevens By Senator Elton; Representatives Weyhrauch, Kerttula CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 97 The following, which is on today's calendar, is in the Judiciary Committee: CS FOR SENATE BILL NO. 97(JUD) am(ct rule fld)(efd fld) "An Act relating to public interest litigants and to attorney fees and costs and the posting of bonds or other security." SB 132 The Speaker stated that, without objection, the following would be moved to the bottom of the calendar: 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 224 The following was read the second time: CS FOR SENATE BILL NO. 224(STA) "An Act relating to a minor operating a vehicle after consuming alcohol, to a minor refusing to submit to chemical tests, and to driving during the 24 hours after being cited for one of those offenses; and providing for an effective date." with the: Journal Page JUD RPT 2DP 3NR 4044 FN5: ZERO(DPS) 4045 2004-05-10 House Journal Page 4120 FN6: INDETERMINATE(CRT) 4045 FN7: ZERO(HSS) 4045 FN8: ZERO(ADM) 4045 FN9: INDETERMINATE(ADM) 4045 FN10: (ADM) 4045 FIN RPT 4DP 1DNP 6NR 4111 FN5: ZERO(DPS) 4111 FN6: INDETERMINATE(CRT) 4111 FN7: ZERO(HSS) 4111 FN8: ZERO(ADM) 4111 FN9: INDETERMINATE(ADM) 4111 FN11: ZERO(H.FIN/ADM) 4111 Representative Coghill moved and asked unanimous consent that CSSB 224(STA) be considered engrossed, advanced to third reading, and placed on final passage. Objection was heard. CSSB 224(STA) will advance to third reading on tomorrow's calendar. SB 227 The Speaker stated that, without objection, the following would be moved to the bottom of the calendar: CS FOR SENATE BILL NO. 227(STA) am "An Act relating to municipal runoff elections and to municipal initiative and referendum elections." **The presence of Representatives Anderson and Heinze was noted. SB 232 The following was read the second time: CS FOR SENATE BILL NO. 232(FIN) "An Act relating to federal tax requirements for and other provisions of the teachers' retirement system, the public employees' retirement system, and the judicial retirement system; removing village public safety officers from the public employees' retirement system; eliminating the public employees' retirement 2004-05-10 House Journal Page 4121 system conditional duty to refund contributions under $1,000 to inactive employees; limiting service credit for village public safety officer service in the public employees' retirement system to five years; and providing for an effective date." with the: Journal Page FIN RPT 4DP 5NR 4111 FN2: (ADM/VARIOUS DEPTS) 4112 Representative Coghill moved and asked unanimous consent that CSSB 232(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSSB 232(FIN) was read the third time. The question being: "Shall CSSB 232(FIN) pass the House?" The roll was taken with the following result: CSSB 232(FIN) Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 0 ABSENT: 5 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Foster, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Absent: Croft, Fate, Gara, McGuire, Moses And so, CSSB 232(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 Berkowitz gave notice of reconsideration of the vote on CSSB 232(FIN). 2004-05-10 House Journal Page 4122 SB 254 The following was read the second time: CS FOR SENATE BILL NO. 254(FIN)(efd fld) "An Act relating to tourism marketing contracts." with the: Journal Page L&C RPT CS 2DP 4NR 4112 FN1: ZERO(REV) 4112 Representative Coghill moved and asked unanimous consent that CSSB 254(FIN)(efd fld) be considered engrossed, advanced to third reading, and placed on final passage. Objection was heard. CSSB 254(FIN)(efd fld) will advance to third reading on tomorrow's calendar. SB 269 The following, which is on today's calendar, is in the Judiciary Committee: CS FOR SENATE BILL NO. 269(CRA) "An Act relating to access to library records, including access to the library records of a child by a parent or guardian." SB 277 The following was read the second time: CS FOR SENATE BILL NO. 277(FIN) "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." 2004-05-10 House Journal Page 4123 with the: Journal Page EDU REFERRAL WAIVED (HB 404 COMP. BILL) 3180 HES REFERRAL WAIVED (HB 404 COMP. BILL) 3181 FIN RPT 4DP 3NR 3224 FN1: ZERO(ADM) 3225 FN2: ZERO(CED) 3225 FN5: (EED) 3225 Representative Coghill moved and asked unanimous consent that CSSB 277(FIN) be considered engrossed, advanced to third reading, and placed on final passage. Objection was heard. CSSB 277(FIN) will advance to third reading on tomorrow's calendar. **The presence of Representatives Fate and McGuire was noted. SB 297 The following, which is on today's calendar, is in the Resources Committee: CS FOR SENATE BILL NO. 297(RES) "An Act relating to bear predation management and the donation and sale of bear hides and skulls." SB 306 The following, which is on today's calendar, is in the Judiciary Committee: CS FOR SENATE BILL NO. 306(FIN) am "An Act relating to the practice of naturopathic medicine; and providing for an effective date." 2004-05-10 House Journal Page 4124 SB 311 The following, which is on today's calendar, is in the Labor & Commerce Committee: CS FOR SENATE BILL NO. 311(JUD)(efd fld) "An Act providing for a special deposit for workers' compensation insurers; relating to the board of governors of the Alaska Insurance Guaranty Association; stating the intent of the legislature, and setting out limitations, concerning the interpretation, construction, and implementation of workers' compensation laws; relating to restructuring the Alaska workers' compensation system; eliminating the Alaska Workers' Compensation Board; establishing a division of workers' compensation within the Department of Labor and Workforce Development and assigning certain Alaska Workers' Compensation Board functions to the division and the Department of Labor and Workforce Development; establishing a Workers' Compensation Appeals Commission; assigning certain functions of the Alaska Workers' Compensation Board to the Workers' Compensation Appeals Commission and the Workers' Compensation Hearings Board; relating to agreements that discharge workers' compensation liability; providing for hearing examiners and hearing panels in workers' compensation proceedings; relating to workers' compensation awards; relating to an employer's failure to insure and keep insured or provide security; providing for appeals from compensation orders; relating to workers' compensation proceedings; providing for supreme court jurisdiction of appeals from the Workers' Compensation Appeals Commission; providing for a maximum amount for the cost-of-living adjustment for workers' compensation benefits; providing for administrative penalties for employers uninsured or without adequate security for workers' compensation; and relating to assigned risk pools and insurers." SB 364 The following, which is on today's calendar, is in the Finance Committee: 2004-05-10 House Journal Page 4125 CS FOR SENATE BILL NO. 364(HES)(efd fld) "An Act relating to liability for expenses of placement in certain mental health facilities; and relating to the mental health treatment assistance program." SB 368 The following, which is on today's calendar, is in the Finance Committee: CS FOR SENATE BILL NO. 368(FIN) am "An Act relating to taxes on cigarettes and tobacco products, to tax stamps on cigarettes, to forfeiture of cigarettes and of property used in the manufacture, transportation, or sale of unstamped cigarettes, and to licenses and licensees under the Cigarette Tax Act; and providing for an effective date." SB 376 The following was read the second time: CS FOR SENATE BILL NO. 376(HES) am "An Act relating to public assistance and subpoena powers; and relating to the permanent fund dividend and subpoena powers." with the: Journal Page FIN RPT 2DP 8NR 4113 FN1: (HSS); FN2: (HSS) 4114 FN3: ZERO(REV) 4114 FN4: (HSS) 4114 Representative Coghill moved and asked unanimous consent that CSSB 376(HES) am be considered engrossed, advanced to third reading, and placed on final passage Objection was heard. CSSB 376(HES) am will advance to third reading on tomorrow's calendar. SB 392 The following was read the second time: 2004-05-10 House Journal Page 4126 SENATE BILL NO. 392 "An Act relating to the expenses of investigation, hearing, or public advocacy before the Regulatory Commission of Alaska, to calculation of the regulatory cost charge for public utilities and pipeline carriers to include the Department of Law's costs of its public advocacy function, to inspection of certain books and records by the attorney general when participating as a party in a matter before the Regulatory Commission of Alaska; and providing for an effective date." with the: Journal Page FIN RPT 3DP 8NR 4114 FN3: (LAW) 4114 Representative Coghill moved and asked unanimous consent that SB 392 be considered engrossed, advanced to third reading, and placed on final passage Objection was heard. SB 392 will advance to third reading on tomorrow's calendar. SB 393 The following was read the second time: CS FOR SENATE BILL NO. 393(FIN) "An Act relating to default on tuition, fees, and other charges of the University of Alaska and to claims on permanent fund dividends for tuition, fees, and other charges of the University of Alaska that are in default." with the: Journal Page FIN RPT 7DP 4NR 4114 FN1: (UA) 4115 FN2: (REV) 4115 2004-05-10 House Journal Page 4127 Representative Coghill moved and asked unanimous consent that CSSB 393(FIN) be considered engrossed, advanced to third reading, and placed on final passage. Objection was heard. CSSB 393(FIN) will advance to third reading on tomorrow's calendar. SB 395 The following was read the second time: CS FOR SENATE BILL NO. 395(FIN) am "An Act authorizing the Alaska Railroad Corporation to extend its rail line to Fort Greely, Alaska, and relating to that extension; authorizing the corporation to issue bonds to finance the cost of the extension and necessary facilities and equipment; relating to the Railroad Planning, Platting, and Land Use Regulation Task Force; and providing for an effective date." with the: Journal Page FIN RPT 5DP 5NR 4115 FN2: (CED) 4116 Representative Coghill moved and asked unanimous consent that CSSB 395(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSSB 395(FIN) am was read the third time. The question being: "Shall CSSB 395(FIN) am pass the House?" The roll was taken with the following result: CSSB 395(FIN) am Third Reading Final Passage YEAS: 32 NAYS: 4 EXCUSED: 0 ABSENT: 4 2004-05-10 House Journal Page 4128 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Fate, Foster, Gara, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kookesh, Lynn, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson, Wolf Nays: Dahlstrom, Kott, Masek, Stoltze Absent: Anderson, Gatto, Joule, McGuire Dahlstrom changed from "Yea" to "Nay". And so, CSSB 395(FIN) am passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Holm gave notice of reconsideration of the vote on CSSB 395(FIN) am. RECONSIDERATION SB 395 Representative Holm moved and asked unanimous consent that reconsideration of CSSB 395(FIN) am be taken up on the same day. There being no objection, it was so ordered. CSSB 395(FIN) am was again before the House in third reading. The question to be reconsidered: "Shall CSSB 395(FIN) am pass the House?" The roll was taken with the following result: CSSB 395(FIN) am--RECONSIDERATION Third Reading Final Passage YEAS: 31 NAYS: 6 EXCUSED: 0 ABSENT: 3 2004-05-10 House Journal Page 4129 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Fate, Foster, Gara, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kookesh, Lynn, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson, Wolf Nays: Dahlstrom, Gatto, Kohring, Kott, Masek, Stoltze Absent: Anderson, Joule, McGuire And so, CSSB 395(FIN) am 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. CSSB 395(FIN) am was signed by the Speaker and Chief Clerk and returned to the Senate. The Speaker stated that, without objection, the House would recess to a joint session; and so, the House recessed at 2:43 p.m. AFTER RECESS The Speaker called the House back to order at 3:14 p.m. JOINT SESSION IN THE HOUSE In accordance with Uniform Rule 51, Speaker Kott turned the gavel over to President Therriault who called the joint session to order at 3:14 p.m. The purpose of the joint session was to consider confirmation of the Governor's appointments. Senator Ben Stevens moved and asked unanimous consent that the roll call of the Senate be waived and all members be shown as present. There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that the roll call of the House be waived and all members be shown as present. There being no objection, it was so ordered. 2004-05-10 House Journal Page 4130 SPECIAL PRESENTATION The House and Senate honored Patty Lewis for her years of dedicated service as Chief Cook of the Legislative Lounge. A commemorative plaque and Special Order of Business Citation were presented. 2004 CONFIRMATION OF GOVERNOR'S APPOINTMENTS The commissioner appointment is as follows: Commissioner - Department of Administration Mr. Ray Matiashowski Appointed: 5/2/2004 The boards and commissions appointments are as follows: Alcoholic Beverage Control Board Mr. Billy (William) G. Andrews - Anchorage Appointed: 7/29/2003 Reappointed: 11/19/2003 Term Expires: 3/1/2006 Ms. Gail M. Niemi - Juneau Appointed: 12/10/2003 Term Expires: 3/1/2006 Mr. Duane S. Udland - Anchorage Appointed: 3/27/2001 Reappointed: 4/6/2004 Term Expires: 3/1/2007 State Board of Registration for Architects, Engineers, and Land Surveyors Mr. Clifford E. Baker - Kenai Appointed: 3/24/2004 Term Expires: 3/1/2008 Mr. Boyd J. Brownfield - Anchorage Appointed: 3/24/2004 Term Expires: 3/1/2008 2004-05-10 House Journal Page 4131 Mr. Craig Fredeen - Eagle River Appointed: 4/22/2004 Term Expires: 3/1/2008 Mr. Richard A. Hughes - Fairbanks Appointed: 3/24/2004 Term Expires: 3/1/2008 Mr. Kenneth D. Maynard - Anchorage Appointed: 3/24/2004 Term Expires: 3/1/2008 State Assessment Review Board Mr. Allen S. Black - Palmer Appointed: 4/6/2004 Mr. Patrick S. Carlson - Kodiak Appointed: 4/6/2004 Board of Governors of the Alaska Bar Mr. Joseph N. Faulhaber - Fairbanks Appointed: 7/29/2003 Term Expires: 3/1/2005 Mr. Michael J. Hurley - Anchorage Appointed: 4/22/2004 Term Expires: 3/1/2007 Board of Barbers and Hairdressers Ms. Debra Long - Fairbanks Appointed: 4/22/2004 Term Expires: 3/1/2008 Ms. Joylene Marrs - Anchorage Appointed: 4/25/2003 Reappointed: 4/22/2004 Term Expires: 3/1/2008 Ms. Angela J. Rosas - Houston Appointed: 4/22/2004 Term Expires: 3/1/2008 2004-05-10 House Journal Page 4132 Mr. Larry Allen Ungerecht - Anchorage Appointed: 11/29/2000 Reappointed: 4/22/2004 Term Expires: 3/1/2008 Board of Chiropractic Examiners Dr. R. Clark Davis - Ketchikan Appointed: 11/14/2001 Reappointed: 1/16/2004 Term Expires: 3/1/2008 Alaska Commercial Fisheries Entry Commission Commissioner Frank M. Homan - Juneau Appointed: 9/2/2003 Term Expires: 3/1/2007 Board of Dental Examiners Ms. Mary Ann Cerney - Fairbanks Appointed: 8/3/1999 Reappointed: 7/29/2003 Term Expires: 3/1/2007 Dr. Arne R. Pihl - Ketchikan Appointed: 5/28/2003 Term Expires: 3/1/2007 Board of Dispensing Opticians Mr. Larry E. Harper - Anchorage Appointed: 6/14/2000 Reappointed: 4/30/2004 Term Expires: 3/1/2008 Board of Education and Early Development Ms. Sylvia J. Reynolds - Soldotna Reappointed: 3/24/2004 Term Expires: 3/1/2009 Ms. Carol (Bunny) J. Schaeffer - Kotzebue Appointed: 3/24/2004 Term Expires: 3/1/2009 2004-05-10 House Journal Page 4133 Board of Fisheries Mr. Robert Heyano - Dillingham Appointed: 7/1/2004 (by law, terms begin July 1) Term Expires: 6/30/2007 Mr. Art N. Nelson - Anchorage Reappointed: 3/25/2004 Term Expires: 6/30/2007 Board of Game Mr. Michael R. Fleagle - McGrath Appointed: 1/21/2003 Reappointed: 4/30/2004 Term Expires: 3/1/2007 Mr. Ben Grussendorf - Sitka Appointed: 1/31/2001 Reappointed: 5/4/04 Term Expires: 3/1/2007 Commission on Judicial Conduct Mr. Peter J. Aschenbrenner - Fairbanks Appointed: 3/24/2004 Term Expires: 3/1/2008 Mr. Thomas G. Nave, Esq. - Juneau Appointed: 3/24/2004 Term Expires: 3/1/2008 Alaska Labor Relations Agency Mr. Gary P. Bader - Anchorage Appointed: 3/24/2004 Term Expires: 3/1/2007 Mr. Randall C. Frank - Fairbanks Appointed: 7/16/2003 Term Expires: 3/1/2006 Mr. Dennis S. Niedermeyer - Eagle River Appointed: 3/24/2004 Term Expires: 3/1/2006 2004-05-10 House Journal Page 4134 Board of Marine Pilots Mr. Robert J. Arts - Anchorage Appointed: 10/31/2002 Reappointed: 3/24/2004 Term Expires: 3/1/2004 Mr. Anthony (Tony) J. Joslyn - Anchor Point Appointed: 12/29/2000 Reappointed: 7/29/2003 Term Expires: 3/1/2007 Mr. Jack G. Poulson, Esq. - Juneau Appointed: 6/7/2001 Reappointed: 3/24/2004 Term Expires: 3/1/2008 Mr. Robert (Tiny) Schasteen - Dutch Harbor Appointed: 1/16/2004 Term Expires: 3/1/2007 State Medical Board Dr. Robert A. Breffeilh - Juneau Appointed: 4/25/2003 Reappointed: 1/16/2004 Term Expires: 3/1/2008 Dr. John T. Duddy - Anchorage Appointed: 3/1/2004 Term Expires: 3/1/2008 Dr. G. Bert Flaming - Glennallen Appointed: 2/12/2003 Reappointed: 1/16/2004 Term Expires: 3/1/2008 Dr. David M. Head - Nome Appointed: 3/27/2001 Reappointed: 1/16/2004 Term Expires: 3/1/2008 Mr. Michael J. Tauriainen - Soldotna Appointed: 5/28/2003 Reappointed: 1/16/2004 Term Expires: 3/1/2008 2004-05-10 House Journal Page 4135 Alaska Mental Health Trust Authority Board of Trustees Dr. William H. Doolittle - Fairbanks Appointed: 3/24/2004 Term Expires: 3/1/2009 Mr. Tom J. Hawkins - Anchorage Reappointed: 3/24/2004 Term Expires: 3/1/2009 Board of Certified Direct-Entry Midwives Ms. Dana L. Brown - Fairbanks Appointed: 1/19/2000 Reappointed: 4/30/2004 Term Expires: 3/1/2008 Ms. Sharon K. Evans - Palmer Appointed: 3/27/2001 Reappointed: 4/30/2004 Term Expires: 3/1/2008 Dr. Mark E. Richey - Anchorage Appointed: 2/20/1997 Reappointed: 1/19/2000 Reappointed: 8/25/2003 Term Expires: 3/1/2007 Board of Nursing Mr. James E. Jurrens - Juneau Appointed: 3/25/2003 Reappointed: 4/22/2004 Term Expires: 3/1/2007 Ms. Patricia M. Swenson - Anchorage Appointed: 1/16/2004 Term Expires: 3/1/2007 Occupational Safety and Health Review Board Mr. Thor R. Christianson - Sitka Appointed: 3/5/2004 Term Expires: 3/1/2008 Alaska Oil and Gas Conservation Commission Mr. John K. Norman - Anchorage Appointed: 1/23/2004 Term Expires: 3/1/2009 2004-05-10 House Journal Page 4136 Board of Examiners in Optometry Dr. Jill Geering Matheson - Juneau Appointed: 4/30/2004 Term Expires: 3/1/2008 Dr. Jeff Gonnason - Anchorage Appointed: 4/30/2004 Term Expires: 3/1/2007 Personnel Board Ms. Debra E. English - Anchorage Appointed: 1/8/2004 Term Expires: 3/1/2008 Ms. Laura Plenert - Ketchikan Appointed: 3/10/2004 Term Expires: 3/1/2010 Board of Pharmacy Ms. Cindy Bueler - Anchorage Appointed: 6/5/2000 Reappointed: 1/16/2004 Term Expires: 3/1/2008 Captain Gary M. Givens - Anchorage Appointed: 3/1/2004 Term Expires: 3/1/2008 Mr. Michael Pauley - Eagle River Appointed: 3/25/2003 Reappointed: 1/16/2004 Term Expires: 3/1/2008 Professional Teaching Practices Commission Ms. Kimberly (Kim) Jockusch - Anchorage Appointed: 4/22/2004 Term Expires: 3/1/2007 Dr. Donna Peterson - Soldotna Appointed: 4/22/2004 Term Expires: 3/1/2007 2004-05-10 House Journal Page 4137 Alaska Public Offices Commission (APOC) Mr. Roger E. Holl - Anchorage Appointed: 3/24/2004 Term Expires: 3/1/2009 Board of Certified Real Estate Appraisers Ms. Nelida Irvine - Anchorage Appointed: 5/28/2003 Term Expires: 3/1/2007 Mr. Gene H. Shafer - Fairbanks Appointed: 3/1/2004 Term Expires: 3/1/2008 Real Estate Commission Mr. Lawrence (Larry) J. Bauer - Juneau Appointed: 11/24/2003 Term Expires: 3/1/2005 Mr. Glenn Clary - Anchorage Appointed: 12/10/2003 Reappointed: 3/1/2004 Term Expires: 3/1/2008 Ms. Rita C. Stuckart - Anchorage Appointed: 11/24/2003 Reappointed: 3/1/2004 Term Expires: 3/1/2008 Alaska Royalty Oil and Gas Development Advisory Board Mr. Charles E. Cole - Fairbanks Appointed: 6/2/2003 Term Expires: 3/1/2007 Mr. Kenneth O. Stout - Anchorage Appointed: 6/5/2003 Term Expires: 3/1/2005 Board of Social Work Examiners Mr. Darrell Allman - Anchorage Appointed: 4/22/2004 Term Expires: 3/1/2008 2004-05-10 House Journal Page 4138 Ms. Mildred D. (Tammy) Townsend - Anchorage Appointed: 4/22/2004 Term Expires: 3/1/2007 Board of Veterinary Examiners Dr. David J. Hunt - Sitka Appointed: 5/28/2003 Term Expires: 3/1/2007 Violent Crimes Compensation Board Mr. Gerad Godfrey - Valdez Appointed: 2/19/2003 Reappointed: 4/6/2004 Term Expires: 3/1/2007 Dr. David G. Ingraham - Anchorage Appointed: 7/16/2003 Term Expires: 3/1/2006 Alaska Workers' Compensation Board Ms. Valarie L. Allmon - Anchorage Appointed: 4/12/2004 Term Expires: 3/1/2007 Mr. Chris N. Johansen - Fairbanks Appointed: 4/12/2004 Term Expires: 3/1/2007 Mr. David Kester - Anchorage Appointed: 4/12/2004 Reappointment: 3/1/2005 Term Expires: 3/1/2008 Mr. James (Jay) N. Rhodes - Ketchikan Appointed: 9/11/2001 Reappointed: 4/12/2004 Term Expires: 3/1/2007 Ms. Patricia A. Vollendorf - Anchorage Appointed: 4/12/2004 Term Expires: 3/1/2006 2004-05-10 House Journal Page 4139 Senator Ben Stevens moved and asked unanimous consent that the following appointment as commissioner be confirmed: Commissioner - Department of Administration Mr. Ray Matiashowski Appointed: 5/2/2004 The question being: "Shall Ray Matiashowski be confirmed as Commissioner of the Department of Administration?" The roll of the Senate was called with the following result: Commissioner - Dept. of Administration Confirm - Matiashowski SENATE YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G, Wagoner, Wilken, Therriault Excused: Guess The roll of the House was taken with the following result: Commissioner - Dept. of Administration Confirm - Matiashowski HOUSE YEAS: 40 NAYS: 0 EXCUSED: 0 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, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf TOTAL: YEAS: 59 NAYS: 0 EXCUSED: 1 ABSENT: 0 And so, Ray Matiashowski was confirmed as Commissioner of the Department of Administration. 2004-05-10 House Journal Page 4140 Senator Ben Stevens moved and asked unanimous consent that the following appointments be confirmed: Alcoholic Beverage Control Board Mr. Billy (William) G. Andrews - Anchorage Appointed: 7/29/2003 Reappointed: 11/19/2003 Term Expires: 3/1/2006 Ms. Gail M. Niemi - Juneau Appointed: 12/10/2003 Term Expires: 3/1/2006 Mr. Duane S. Udland - Anchorage Appointed: 3/27/2001 Reappointed: 4/6/2004 Term Expires: 3/1/2007 State Board of Registration for Architects, Engineers, and Land Surveyors Mr. Clifford E. Baker - Kenai Appointed: 3/24/2004 Term Expires: 3/1/2008 Mr. Boyd J. Brownfield - Anchorage Appointed: 3/24/2004 Term Expires: 3/1/2008 Mr. Craig Fredeen - Eagle River Appointed: 4/22/2004 Term Expires: 3/1/2008 Mr. Richard A. Hughes - Fairbanks Appointed: 3/24/2004 Term Expires: 3/1/2008 Mr. Kenneth D. Maynard - Anchorage Appointed: 3/24/2004 Term Expires: 3/1/2008 2004-05-10 House Journal Page 4141 State Assessment Review Board Mr. Allen S. Black - Palmer Appointed: 4/6/2004 Mr. Patrick S. Carlson - Kodiak Appointed: 4/6/2004 Board of Governors of the Alaska Bar Mr. Joseph N. Faulhaber - Fairbanks Appointed: 7/29/2003 Term Expires: 3/1/2005 Mr. Michael J. Hurley - Anchorage Appointed: 4/22/2004 Term Expires: 3/1/2007 There being no objection, the appointments were confirmed. Senator Ben Stevens moved and asked unanimous consent that the following appointments be confirmed: Board of Barbers and Hairdressers Ms. Debra Long - Fairbanks Appointed: 4/22/2004 Term Expires: 3/1/2008 Ms. Joylene Marrs - Anchorage Appointed: 4/25/2003 Reappointed: 4/22/2004 Term Expires: 3/1/2008 Ms. Angela J. Rosas - Houston Appointed: 4/22/2004 Term Expires: 3/1/2008 Mr. Larry Allen Ungerecht - Anchorage Appointed: 11/29/2000 Reappointed: 4/22/2004 Term Expires: 3/1/2008 2004-05-10 House Journal Page 4142 Board of Chiropractic Examiners Dr. R. Clark Davis - Ketchikan Appointed: 11/14/2001 Reappointed: 1/16/2004 Term Expires: 3/1/2008 Alaska Commercial Fisheries Entry Commission Commissioner Frank M. Homan - Juneau Appointed: 9/2/2003 Term Expires: 3/1/2007 Board of Dental Examiners Ms. Mary Ann Cerney - Fairbanks Appointed: 8/3/1999 Reappointed: 7/29/2003 Term Expires: 3/1/2007 Dr. Arne R. Pihl - Ketchikan Appointed: 5/28/2003 Term Expires: 3/1/2007 Board of Dispensing Opticians Mr. Larry E. Harper - Anchorage Appointed: 6/14/2000 Reappointed: 4/30/2004 Term Expires: 3/1/2008 Board of Education and Early Development Ms. Sylvia J. Reynolds - Soldotna Reappointed: 3/24/2004 Term Expires: 3/1/2009 Ms. Carol (Bunny) J. Schaeffer - Kotzebue Appointed: 3/24/2004 Term Expires: 3/1/2009 Board of Fisheries Mr. Robert Heyano - Dillingham Appointed: 7/1/2004 (by law, terms begin July 1) Term Expires: 6/30/2007 Mr. Art N. Nelson - Anchorage Reappointed: 3/25/2004 Term Expires: 6/30/2007 2004-05-10 House Journal Page 4143 Board of Game Mr. Michael R. Fleagle - McGrath Appointed: 1/21/2003 Reappointed: 4/30/2004 Term Expires: 3/1/2007 Mr. Ben Grussendorf - Sitka Appointed: 1/31/2001 Reappointed: 5/4/04 Term Expires: 3/1/2007 Objection was heard to the confirmation of Michael R. Fleagle and Ben Grussendorf to the Board of Game. Representative Weyhrauch moved and asked unanimous consent that he be allowed to abstain from voting on the appointments to the Alaska Commercial Fisheries Entry Commission and the Board of Fisheries because of a conflict of interest. Objection was heard, and Representative Weyhrauch was required to vote. Senator Ben Stevens restated the motion to confirm the appointments with the exception of Michael R. Fleagle and Ben Grussendorf and asked unanimous consent. There being no objection, the appointments were confirmed. Senator Ben Stevens moved and asked unanimous consent that the following appointments be confirmed: Commission on Judicial Conduct Mr. Peter J. Aschenbrenner - Fairbanks Appointed: 3/24/2004 Term Expires: 3/1/2008 Mr. Thomas G. Nave, Esq. - Juneau Appointed: 3/24/2004 Term Expires: 3/1/2008 Alaska Labor Relations Agency Mr. Gary P. Bader - Anchorage Appointed: 3/24/2004 Term Expires: 3/1/2007 2004-05-10 House Journal Page 4144 Mr. Randall C. Frank - Fairbanks Appointed: 7/16/2003 Term Expires: 3/1/2006 Mr. Dennis S. Niedermeyer - Eagle River Appointed: 3/24/2004 Term Expires: 3/1/2006 Board of Marine Pilots Mr. Robert J. Arts - Anchorage Appointed: 10/31/2002 Reappointed: 3/24/2004 Term Expires: 3/1/2004 Mr. Anthony (Tony) J. Joslyn - Anchor Point Appointed: 12/29/2000 Reappointed: 7/29/2003 Term Expires: 3/1/2007 Mr. Jack G. Poulson, Esq. - Juneau Appointed: 6/7/2001 Reappointed: 3/24/2004 Term Expires: 3/1/2008 Mr. Robert (Tiny) Schasteen - Dutch Harbor Appointed: 1/16/2004 Term Expires: 3/1/2007 State Medical Board Dr. Robert A. Breffeilh - Juneau Appointed: 4/25/2003 Reappointed: 1/16/2004 Term Expires: 3/1/2008 Dr. John T. Duddy - Anchorage Appointed: 3/1/2004 Term Expires: 3/1/2008 Dr. G. Bert Flaming - Glennallen Appointed: 2/12/2003 Reappointed: 1/16/2004 Term Expires: 3/1/2008 2004-05-10 House Journal Page 4145 Dr. David M. Head - Nome Appointed: 3/27/2001 Reappointed: 1/16/2004 Term Expires: 3/1/2008 Mr. Michael J. Tauriainen - Soldotna Appointed: 5/28/2003 Reappointed: 1/16/2004 Term Expires: 3/1/2008 Alaska Mental Health Trust Authority Board of Trustees Dr. William H. Doolittle - Fairbanks Appointed: 3/24/2004 Term Expires: 3/1/2009 Mr. Tom J. Hawkins - Anchorage Reappointed: 3/24/2004 Term Expires: 3/1/2009 Representative Weyhrauch moved and asked unanimous consent that he be allowed to abstain from voting on the appointments to the Alaska Labor Relations Agency and the Board of Marine Pilots because of a conflict of interest. Objection was heard, and Representative Weyhrauch was required to vote. There being no objection, the appointments were confirmed. Senator Ben Stevens moved and asked unanimous consent that the following appointments be confirmed: Board of Certified Direct-Entry Midwives Ms. Dana L. Brown - Fairbanks Appointed: 1/19/2000 Reappointed: 4/30/2004 Term Expires: 3/1/2008 Ms. Sharon K. Evans - Palmer Appointed: 3/27/2001 Reappointed: 4/30/2004 Term Expires: 3/1/2008 Dr. Mark E. Richey - Anchorage Appointed: 2/20/1997 Reappointed: 1/19/2000 Reappointed: 8/25/2003 Term Expires: 3/1/2007 2004-05-10 House Journal Page 4146 Board of Nursing Mr. James E. Jurrens - Juneau Appointed: 3/25/2003 Reappointed: 4/22/2004 Term Expires: 3/1/2007 Ms. Patricia M. Swenson - Anchorage Appointed: 1/16/2004 Term Expires: 3/1/2007 Occupational Safety and Health Review Board Mr. Thor R. Christianson - Sitka Appointed: 3/5/2004 Term Expires: 3/1/2008 Alaska Oil and Gas Conservation Commission Mr. John K. Norman - Anchorage Appointed: 1/23/2004 Term Expires: 3/1/2009 Board of Examiners in Optometry Dr. Jill Geering Matheson - Juneau Appointed: 4/30/2004 Term Expires: 3/1/2008 Dr. Jeff Gonnason - Anchorage Appointed: 4/30/2004 Term Expires: 3/1/2007 Personnel Board Ms. Debra E. English - Anchorage Appointed: 1/8/2004 Term Expires: 3/1/2008 Ms. Laura Plenert - Ketchikan Appointed: 3/10/2004 Term Expires: 3/1/2010 2004-05-10 House Journal Page 4147 Board of Pharmacy Ms. Cindy Bueler - Anchorage Appointed: 6/5/2000 Reappointed: 1/16/2004 Term Expires: 3/1/2008 Captain Gary M. Givens - Anchorage Appointed: 3/1/2004 Term Expires: 3/1/2008 Mr. Michael Pauley - Eagle River Appointed: 3/25/2003 Reappointed: 1/16/2004 Term Expires: 3/1/2008 Objection was heard to the confirmation of Laura Plenert to the Personnel Board. Representative Weyhrauch moved and asked unanimous consent that he be allowed to abstain from voting on the appointment to the Occupational Safety and Health Review Board because of a conflict of interest. Objection was heard, and Representative Weyhrauch was required to vote. Senator Ben Stevens restated his motion to confirm the appointments with the exception of Laura Plenert and asked unanimous consent. There being no objection, the appointments were confirmed. Senator Ben Stevens moved and asked unanimous consent that the following appointments be confirmed: Professional Teaching Practices Commission Ms. Kimberly (Kim) Jockusch - Anchorage Appointed: 4/22/2004 Term Expires: 3/1/2007 Dr. Donna Peterson - Soldotna Appointed: 4/22/2004 Term Expires: 3/1/2007 2004-05-10 House Journal Page 4148 Alaska Public Offices Commission (APOC) Mr. Roger E. Holl - Anchorage Appointed: 3/24/2004 Term Expires: 3/1/2009 Board of Certified Real Estate Appraisers Ms. Nelida Irvine - Anchorage Appointed: 5/28/2003 Term Expires: 3/1/2007 Mr. Gene H. Shafer - Fairbanks Appointed: 3/1/2004 Term Expires: 3/1/2008 Real Estate Commission Mr. Lawrence (Larry) J. Bauer - Juneau Appointed: 11/24/2003 Term Expires: 3/1/2005 Mr. Glenn Clary - Anchorage Appointed: 12/10/2003 Reappointed: 3/1/2004 Term Expires: 3/1/2008 Ms. Rita C. Stuckart - Anchorage Appointed: 11/24/2003 Reappointed: 3/1/2004 Term Expires: 3/1/2008 Alaska Royalty Oil and Gas Development Advisory Board Mr. Charles E. Cole - Fairbanks Appointed: 6/2/2003 Term Expires: 3/1/2007 Mr. Kenneth O. Stout - Anchorage Appointed: 6/5/2003 Term Expires: 3/1/2005 Board of Social Work Examiners Mr. Darrell Allman - Anchorage Appointed: 4/22/2004 Term Expires: 3/1/2008 2004-05-10 House Journal Page 4149 Ms. Mildred D. (Tammy) Townsend - Anchorage Appointed: 4/22/2004 Term Expires: 3/1/2007 Board of Veterinary Examiners Dr. David J. Hunt - Sitka Appointed: 5/28/2003 Term Expires: 3/1/2007 There being no objection, the appointments were confirmed. Senator Ben Stevens moved and asked unanimous consent that the following appointments be confirmed: Violent Crimes Compensation Board Mr. Gerad Godfrey - Valdez Appointed: 2/19/2003 Reappointed: 4/6/2004 Term Expires: 3/1/2007 Dr. David G. Ingraham - Anchorage Appointed: 7/16/2003 Term Expires: 3/1/2006 Alaska Workers' Compensation Board Ms. Valarie L. Allmon - Anchorage Appointed: 4/12/2004 Term Expires: 3/1/2007 Mr. Chris N. Johansen - Fairbanks Appointed: 4/12/2004 Term Expires: 3/1/2007 Mr. David Kester - Anchorage Appointed: 4/12/2004 Reappointment: 3/1/2005 Term Expires: 3/1/2008 Mr. James (Jay) N. Rhodes - Ketchikan Appointed: 9/11/2001 Reappointed: 4/12/2004 Term Expires: 3/1/2007 2004-05-10 House Journal Page 4150 Ms. Patricia A. Vollendorf - Anchorage Appointed: 4/12/2004 Term Expires: 3/1/2006 There being no objection, the appointments were confirmed. Senator Ben Stevens moved that Michael R. Fleagle be confirmed to the Board of Game. The question being: "Shall Michael R. Fleagle be confirmed to the Board of Game?" The roll of the Senate was called with the following result: Board of Game Confirm - Fleagle SENATE YEAS: 16 NAYS: 3 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Green, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G, Wagoner, Wilken, Therriault Nays: Ellis, Elton, French Excused: Guess The roll of the House was taken with the following result: Board of Game Confirm - Fleagle HOUSE YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Nays: Gara TOTAL: YEAS: 55 NAYS: 4 EXCUSED: 1 ABSENT: 0 2004-05-10 House Journal Page 4151 And so, Michael R. Fleagle was confirmed to the Board of Game. Senator Ben Stevens moved that Ben Grussendorf be confirmed to the Board of Game. The question being: "Shall Mr. Ben Grussendorf be confirmed to the Board of Game?" The roll of the House was taken with the following result: Board of Game Confirm - Grussendorf HOUSE YEAS: 32 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Foster, Gara, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Weyhrauch, Williams, Wilson Nays: Coghill, Fate, Gatto, Holm, McGuire, Stepovich, Stoltze, Wolf Anderson changed from "Nay" to "Yea". Gatto changed from "Yea" to "Nay". The roll of the Senate was called with the following result: Board of Game Confirm - Grussendorf SENATE YEAS: 17 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Lincoln, Olson, Stedman, Stevens B, Stevens G, Wagoner, Wilken, Therriault Nays: Ogan, Seekins Excused: Guess TOTAL: YEAS: 49 NAYS: 10 EXCUSED: 1 ABSENT: 0 2004-05-10 House Journal Page 4152 And so, Ben Grussendorf was confirmed to the Board of Game. Senator Ben Stevens moved that Laura Plenert be confirmed to the Personnel Board. The question being: "Shall Laura Plenert be confirmed to the Personnel Board?" The roll of the Senate was called with the following result: Personnel Board Confirm - Plenert SENATE YEAS: 13 NAYS: 6 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Green, Hoffman, Ogan, Seekins, Stedman, Stevens B, Stevens G, Wagoner, Wilken, Therriault Nays: Davis, Ellis, Elton, French, Lincoln, Olson Excused: Guess The roll of the House was taken with the following result: Personnel Board Confirm - Plenert HOUSE YEAS: 36 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Coghill, Croft, Dahlstrom, Fate, Foster, Gatto, Gruenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Nays: Cissna, Crawford, Gara, Guttenberg TOTAL: YEAS: 49 NAYS: 10 EXCUSED: 1 ABSENT: 0 And so, Laura Plenert was confirmed to the Personnel Board. 2004-05-10 House Journal Page 4153 Senator Ben Stevens moved and asked unanimous consent that the joint session adjourn. There being no objection, President Therriault adjourned the joint session at 3:39 p.m. The House recessed at 3:39 p.m. AFTER RECESS The Speaker called the House back to order at 5:06 p.m. CONSIDERATION OF THE DAILY CALENDAR (continued) THIRD READING OF SENATE BILLS SB 65 The following, which was advanced to third reading from the May 9, 2004, calendar (page 4096), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 65(FIN) "An Act relating to the qualifications of correctional officers, parole officers, and probation officers; authorizing the Department of Corrections to enter into lease- purchase agreements with municipalities for new or expanded public correctional facilities in the Fairbanks North Star Borough, the Matanuska-Susitna Borough, Bethel, the Municipality of Anchorage, and the City of Seward; relating to the development and financing of privately operated correctional facility space and services; authorizing the Department of Corrections to enter into a lease-purchase agreement with the City of Whittier for the confinement and care of prisoners in privately operated correctional facility space if the state cannot provide the same level of services required in state law or regulation for the same or less cost; giving notice of and approving, and authorizing the entry into and issuance of certificates of participation for, the upgrade, expansion, and replacement of certain jails in Dillingham and Kodiak; and providing for an effective date." 2004-05-10 House Journal Page 4154 Representative Coghill moved and asked unanimous consent that HCS CSSB 65(FIN) be moved to the bottom of the calendar. There being no objection, it was so ordered. RECEDE SB 30 Representative Coghill moved and asked unanimous consent that the House consider the Senate message (page 4109) on the following at this time: HOUSE CS FOR CS FOR SENATE BILL NO. 30(JUD) "An Act relating to information and services available to pregnant women and other persons; ensuring informed consent before an abortion may be performed; and providing exceptions to informed consent in certain cases." (HCR 36 - title change resolution) and CS FOR SENATE BILL NO. 30(JUD) am "An Act relating to information and services available to pregnant women and other persons; and ensuring informed consent before an abortion may be performed, except in cases of medical emergency." There being no objection, it was so ordered. Representative Coghill moved that the House recede from its amendment to CSSB 30(JUD) am, namely HCS CSSB 30(JUD), and recommended that the members vote no. The question being: "Shall the House recede from its amendment to CSSB 30(JUD) am?" The roll was taken with the following result: HCS CSSB 30(JUD) Recede YEAS: 5 NAYS: 27 EXCUSED: 0 ABSENT: 8 2004-05-10 House Journal Page 4155 Yeas: Chenault, Dahlstrom, Hawker, Heinze, Stoltze Nays: Anderson, Berkowitz, Cissna, Coghill, Crawford, Foster, Gara, Gatto, Holm, Joule, Kapsner, Kerttula, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Wilson, Wolf Absent: Croft, Fate, Gruenberg, Guttenberg, Harris, Kookesh, Moses, Williams And so, the House failed to recede. The Speaker appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the above bills: Representative Dahlstrom, Chair Representative Coghill Representative Cissna The Chief Clerk notified the Senate. CONSIDERATION OF THE DAILY CALENDAR THIRD READING OF SENATE BILLS (continued) SB 179 The following, which was advanced to third reading from the May 9, 2004, calendar (page 4055), was read the third time: CS FOR SENATE BILL NO. 179(FIN) "An Act relating to criminal history records and background checks; allowing persons to teach in the public schools for up to five months without a teaching certificate if the person has applied for a certificate and the application has not been acted upon by the Department of Education and Early Development due to a delay in receiving criminal history records; allowing teacher certification for certain persons based on a criminal history background check without fingerprints; and providing for an effective date." 2004-05-10 House Journal Page 4156 The question being: "Shall CSSB 179(FIN) pass the House?" The roll was taken with the following result: CSSB 179(FIN) Third Reading Final Passage YEAS: 30 NAYS: 4 EXCUSED: 0 ABSENT: 6 Yeas: Anderson, Berkowitz, Chenault, Cissna, Crawford, Dahlstrom, Foster, Gatto, Gruenberg, Hawker, Heinze, Holm, Joule, Kapsner, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Seaton, Stepovich, Stoltze, Weyhrauch, Wilson, Wolf Nays: Coghill, Gara, Kerttula, Samuels Absent: Croft, Fate, Guttenberg, Harris, Kookesh, Williams Gara changed from "Yea" to "Nay". And so, CSSB 179(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 Kerttula gave notice of reconsideration of the vote on CSSB 179(FIN). SB 279 The following, which was advanced to third reading from the May 9, 2004, calendar (page 4097), was read the third time: CS FOR SENATE BILL NO. 279(FIN) "An Act authorizing and relating to the issuance of bonds by the Alaska Housing Finance Corporation for safe and clean water and hygienic sewage disposal facility capital projects and other capital projects; providing for the repayment of the bonds and bond costs; relating to the dividend paid to the state by the Alaska Housing Finance Corporation; and providing for an effective date." The question being: "Shall CSSB 279(FIN) pass the House?" The roll was taken with the following result: 2004-05-10 House Journal Page 4157 CSSB 279(FIN) Third Reading Final Passage YEAS: 33 NAYS: 1 EXCUSED: 0 ABSENT: 6 Yeas: Anderson, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Wilson, Wolf Nays: Kohring Absent: Berkowitz, Croft, Fate, Harris, Kookesh, Williams And so, CSSB 279(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. CSSB 279(FIN) was signed by the Speaker and Chief Clerk and returned to the Senate. SB 326 The following, which was advanced to third reading from the May 9, 2004, calendar (page 4061), was read the third time: CS FOR SENATE BILL NO. 326(STA) "An Act relating to investments of Alaska permanent fund assets; and providing for an effective date." The question being: "Shall CSSB 326(STA) pass the House?" The roll was taken with the following result: CSSB 326(STA) Third Reading Final Passage YEAS: 29 NAYS: 3 EXCUSED: 0 ABSENT: 8 2004-05-10 House Journal Page 4158 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Hawker, Heinze, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn, McGuire, Meyer, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Wilson, Wolf Nays: Kohring, Stoltze, Weyhrauch Absent: Croft, Fate, Harris, Holm, Masek, Morgan, Moses, Williams And so, CSSB 326(STA) passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSSB 326(STA) was signed by the Speaker and Chief Clerk and returned to the Senate. SB 329 The following, which was advanced to third reading from the May 9, 2004, calendar (page 4066), was read the third time: CS FOR SENATE BILL NO. 329(RES) am H "An Act relating to control of nuisance moose." Representatives Dahlstrom, Kapsner, and Coghill 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 CSSB 329(RES) am H pass the House?" The roll was taken with the following result: CSSB 329(RES) am H Third Reading Final Passage YEAS: 25 NAYS: 9 EXCUSED: 0 ABSENT: 6 Yeas: Anderson, Chenault, Cissna, Coghill, Dahlstrom, Foster, Gatto, Gruenberg, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Masek, McGuire, Morgan, Moses, Ogg, Rokeberg, Stepovich, Weyhrauch, Wilson 2004-05-10 House Journal Page 4159 Nays: Crawford, Gara, Guttenberg, Hawker, Lynn, Meyer, Seaton, Stoltze, Wolf Absent: Berkowitz, Croft, Fate, Harris, Samuels, Williams And so, CSSB 329(RES) am H passed the House. Representative Stoltze gave notice of reconsideration of the vote on CSSB 329(RES) am H and the reconsideration was taken up later. SB 357 The following, which was advanced to third reading from the May 9, 2004, calendar (page 4072), was read the third time: HOUSE CS FOR 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." Representative Gruenberg moved and asked unanimous consent that HCS CSSB 357(FIN) 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 Representatives Gruenberg and Rokeberg: Page 30, following line 30: Insert a new bill section to read: "* Sec. 56. The uncodified law of the State of Alaska is amended by adding a new section to read: REVIEW OF THE STATE'S REGULATION OF INSURANCE. The director of the division of insurance shall appoint seven members to a task force to study alternative methods for regulating insurance rates and forms and to develop proposals for changing the state's insurance regulatory system in order to achieve the goals of consumer protection and fostering a highly competitive insurance market in the 2004-05-10 House Journal Page 4160 state. The members appointed to the task force shall be representative of a cross-section of consumers and the insurance industry. The task force shall prepare a report containing recommendations for improvement to the state's insurance regulatory system and submit the report to the legislature before January 15, 2005." Renumber the following bill sections accordingly. Page 31, line 13: Delete "Section 56" Insert "Section 57" Page 31, line 14: Delete "secs. 58 and 59" Insert "secs. 59 and 60" Representative Gruenberg moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted. The question being: "Shall HCS CSSB 357(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 357(FIN) am H Third Reading Final Passage YEAS: 32 NAYS: 0 EXCUSED: 0 ABSENT: 8 Yeas: Anderson, Berkowitz, Chenault, Coghill, Crawford, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Seaton, Stepovich, Stoltze, Wilson, Wolf Absent: Cissna, Croft, Fate, Harris, Hawker, Samuels, Weyhrauch, Williams And so, HCS CSSB 357(FIN) am H passed the House. 2004-05-10 House Journal Page 4161 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 Coghill moved and asked unanimous consent that the House adopt the House Finance Committee letter of intent (page 4049). There being no objection, it was so ordered. Representative Crawford gave notice of reconsideration of the vote on HCS CSSB 357(FIN) am H. SB 379 The following, which was advanced to third reading from the May 9, 2004, calendar (page 4072), was read the third time: CS FOR SENATE BILL NO. 379(FIN) "An Act providing that public members of the Board of Trustees of the Alaska Permanent Fund Corporation may be removed only for cause; and providing for an effective date." The question being: "Shall CSSB 379(FIN) pass the House?" The roll was taken with the following result: CSSB 379(FIN) Third Reading Final Passage YEAS: 27 NAYS: 1 EXCUSED: 0 ABSENT: 12 Yeas: Berkowitz, Chenault, Coghill, Crawford, Dahlstrom, Foster, Gatto, Gruenberg, Heinze, Holm, Kapsner, Kerttula, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Seaton, Stepovich, Stoltze, Wilson, Wolf Nays: Guttenberg Absent: Anderson, Cissna, Croft, Fate, Gara, Harris, Hawker, Joule, Kookesh, Samuels, Weyhrauch, Williams And so, CSSB 379(FIN) passed the House. 2004-05-10 House Journal Page 4162 Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSSB 379(FIN) was signed by the Speaker and Chief Clerk and returned to the Senate. RECONSIDERATION SB 170 Representative Rokeberg brought up reconsideration of the following: HOUSE CS FOR SENATE BILL NO. 170(FIN) am H "An Act relating to the justification of defense of self or others, immunity from prosecution, sentencing, probation, discretionary parole, and the right to representation in certain criminal proceedings; relating to violation of a custodian's duty; relating to sexual abuse of a minor; relating to release of information concerning certain cases involving a minor; relating to local options regarding alcoholic beverages, the offense of furnishing or delivery of alcoholic beverages to a person under 21 years of age, and forfeiture of property used in, and money or other items of value used in financial transactions derived from, violation of certain laws relating to alcoholic beverages; relating to assault by means of a dangerous instrument; relating to operating or driving a motor vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance, to the refusal to submit to a chemical test, and to the presumptions concerning the chemical analysis of breath or blood; increasing the duration of certain provisions of domestic violence protective orders from six months to one year; and providing for an effective date." Representative Rokeberg withdrew the request to bring up reconsideration of HCS CSSB 170 (FIN) am H. 2004-05-10 House Journal Page 4163 CONSIDERATION OF THE DAILY CALENDAR THIRD READING OF SENATE BILLS (continued) SB 382 The following, which was advanced to third reading from the May 9, 2004, calendar (page 4073), was read the third time: CS FOR SENATE BILL NO. 382(CRA) am "An Act relating to replat approval; relating to the platting of right-of-way acquired through eminent domain proceedings; and providing for an effective date." Representative Wolf moved and asked unanimous consent that CSSB 382(CRA) am 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 Wolf: Page 2, line 4: Delete "such as" Page 2, line 4: Delete "and State of Alaska" Page 2, line 5: Delete all material. Representative Wolf moved and asked unanimous consent that Amendment No. 1 be adopted. Representative McGuire objected. Amendment to Amendment No. 1 was offered by Representative Gara: 2004-05-10 House Journal Page 4164 Add to the amendment: "Page 2, line 3: Delete "and" Page 2, lines 3 - 4: Delete all material. Page 2, line 5: Delete "v. Hinkel, 3AN-04-4768 CI" Page 2, lines 20 - 22: Delete all material." Representative Gara moved and asked unanimous consent that Amendment to Amendment No. 1 be adopted. There being no objection, Amendment to Amendment No. 1 was adopted. The question being: "Shall Amendment No. 1 as amended be adopted?" The roll was taken with the following result: CSSB 382(CRA) am Second Reading Amendment No. 1 as amended YEAS: 18 NAYS: 16 EXCUSED: 0 ABSENT: 6 Yeas: Berkowitz, Cissna, Coghill, Crawford, Croft, Gara, Gatto, Gruenberg, Guttenberg, Kapsner, Kerttula, Kohring, Kookesh, Moses, Ogg, Seaton, Wilson, Wolf Nays: Anderson, Dahlstrom, Fate, Foster, Heinze, Holm, Kott, Lynn, Masek, McGuire, Morgan, Samuels, Stepovich, Stoltze, Weyhrauch, Williams Absent: Chenault, Harris, Hawker, Joule, Meyer, Rokeberg Wilson changed from "Nay" to "Yea". And so, Amendment No. 1 as amended was adopted. 2004-05-10 House Journal Page 4165 The question being: "Shall CSSB 382(CRA) am H pass the House?" The roll was taken with the following result: CSSB 382(CRA) am H Third Reading Final Passage YEAS: 31 NAYS: 4 EXCUSED: 0 ABSENT: 5 Yeas: Anderson, Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Heinze, Holm, Kapsner, Kookesh, Kott, Lynn, Masek, McGuire, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson, Wolf Nays: Coghill, Kerttula, Kohring, Stoltze Absent: Chenault, Harris, Hawker, Joule, Meyer And so, CSSB 382(CRA) am H 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 McGuire gave notice of reconsideration of the vote on CSSB 382(CRA) am H. RECONSIDERATION SB 382 Representative McGuire moved and asked unanimous consent that reconsideration of CSSB 382(CRA) am H be taken up on the same day. There being no objection, it was so ordered. CSSB 382(CRA) am H was again before the House in third reading. The question to be reconsidered: "Shall CSSB 382(CRA) am H pass the House?" The roll was taken with the following result: 2004-05-10 House Journal Page 4166 CSSB 382(CRA) am H--RECONSIDERATION Third Reading Final Passage YEAS: 31 NAYS: 7 EXCUSED: 0 ABSENT: 2 Yeas: Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Fate, Foster, Gruenberg, Guttenberg, Hawker, Heinze, Holm, Kapsner, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wolf Nays: Coghill, Gara, Gatto, Kerttula, Kohring, Stoltze, Wilson Absent: Harris, Joule Wilson changed from "Yea" to "Nay". Gatto changed from "Yea" to "Nay". And so, CSSB 382(CRA) am H 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. CSSB 382(CRA) am H was referred to the Chief Clerk for engrossment. SB 170 Representative Rokeberg brought up reconsideration of the vote on the following, which had been held to today (page 4066): HOUSE CS FOR SENATE BILL NO. 170(FIN) am H "An Act relating to the justification of defense of self or others, immunity from prosecution, sentencing, probation, discretionary parole, and the right to representation in certain criminal proceedings; relating to violation of a custodian's duty; relating to sexual abuse of a minor; relating to release of information concerning certain cases involving a minor; relating to local options regarding alcoholic beverages, the offense of furnishing or delivery of alcoholic beverages to a person under 21 years of age, and forfeiture of property used in, and money or other items of 2004-05-10 House Journal Page 4167 value used in financial transactions derived from, violation of certain laws relating to alcoholic beverages; relating to assault by means of a dangerous instrument; relating to operating or driving a motor vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance, to the refusal to submit to a chemical test, and to the presumptions concerning the chemical analysis of breath or blood; increasing the duration of certain provisions of domestic violence protective orders from six months to one year; and providing for an effective date." The House recessed at 6:32 p.m. AFTER RECESS The Speaker called the House back to order at 12:44 a.m., May 11, 2004. RECONSIDERATION (continued) SB 170 HCS CSSB 170(FIN) was again before the House in third reading. Representative Rokeberg placed a call of the House on the calendar and lifted the call. **Representative Coghill moved and asked unanimous consent that Representative Moses be excused from a call of the House for the remainder of this legislative day. There being no objection, it was so ordered. Representative Rokeberg placed a call of the House. The Speaker stated the call was satisfied. Representative Rokeberg lifted the call. 2004-05-10 House Journal Page 4168 **Representative Coghill moved and asked unanimous consent that Representative Fate be excused from a call of the House for the remainder of this legislative day. There being no objection, it was so ordered. Representative Berkowitz moved and asked unanimous consent that HCS CSSB 170(FIN) be returned to second reading for the specific purpose of considering Amendment No. 4. There being no objection, it was so ordered. Amendment No. 4 was offered by Representatives Berkowitz and McGuire: Page 1, line 12, following "blood;" (title amendment): Insert "increasing the duration of certain provisions of domestic violence protective orders from six months to one year;" Page 14, following line 4: Insert a new bill section to read: "* Sec. 25. AS 18.66.100(b) is amended to read: (b) When a petition for a protective order is filed, the court shall schedule a hearing and provide at least 10 days' notice to the respondent of the hearing and of the respondent's right to appear and be heard, either in person or by an attorney. If the court finds by a preponderance of evidence that the respondent has committed a crime involving domestic violence against the petitioner, regardless of whether the respondent appears at the hearing, the court may order any relief available under (c) of this section. The provisions of a protective order issued under (1) (c)(1) of this section are effective until further order of the court; (2) (c)(2) - (16) of this section are effective for one year [SIX MONTHS] unless earlier dissolved by court order." Renumber the following bill sections accordingly. Page 18, lines 19 - 20: Delete "26, 31, 32, and 34(b)" Insert "27, 32, 33, and 35(b)" 2004-05-10 House Journal Page 4169 Page 18, line 22: Delete "Sections 27 and 29" Insert "Sections 28 and 30" Page 18, line 24: Delete "sec. 27" Insert "sec. 28" Delete "sec. 29" Insert "sec. 30" Page 18, line 25: Delete "secs. 27 and 29" Insert "secs. 28 and 30" Page 18, line 30: Delete "25, 28, and 30" Insert "26, 29, and 31" Page 19, line 1: Delete "Section 33" Insert "Section 34" Page 19, line 3: Delete "This Act takes" Insert "Sections 1 - 24 and 26 - 36 of this Act take" Representative Berkowitz moved and asked unanimous consent that Amendment No. 4 be adopted. There being no objection, it was so ordered and the new title follows: HOUSE CS FOR CS FOR SENATE BILL NO. 170(FIN) am H "An Act relating to the justification of defense of self or others, immunity from prosecution, sentencing, probation, discretionary parole, and the right to representation in certain criminal proceedings; relating to violation of a custodian's duty; relating to sexual abuse of a minor; relating to release of information concerning certain cases involving a minor; relating to local options regarding alcoholic beverages, the offense of furnishing or delivery of alcoholic beverages to a person under 21 years of age, and forfeiture of property used in, and money or other items of 2004-05-10 House Journal Page 4170 value used in financial transactions derived from, violation of certain laws relating to alcoholic beverages; relating to assault by means of a dangerous instrument; relating to operating or driving a motor vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance, to the refusal to submit to a chemical test, and to the presumptions concerning the chemical analysis of breath or blood; increasing the duration of certain provisions of domestic violence protective orders from six months to one year; and providing for an effective date." Representative Gruenberg moved and asked unanimous consent that HCS CSSB 170(FIN) am H be returned to second reading for the specific purpose of considering Amendment No. 6. There being no objection, it was so ordered. The Speaker stated that, without objection, the rules would be suspended and the bill would be returned to second reading for all amendments. Amendment No. 6 was offered by Representatives Gruenberg, Weyhrauch, Gatto, Masek, and Berkowitz: Page 1, line 2 (title amendment): Delete "sentencing" Page 12, line 12, through page 14, line 4: Delete all material. Renumber the following bill sections accordingly. Page 17, line 20, through page 18, line 9: Delete all material. Renumber the following bill sections accordingly. Page 18, line 15: Delete "(a)" Page 18, line 16: Delete all material. 2004-05-10 House Journal Page 4171 Page 18, lines 19 - 20: Delete "23, 24, 26, 31, 32, and 34(b)" Insert "and 24" Page 18, line 22: Delete "Sections 27 and 29" Insert "Sections 25 and 27" Page 18, line 24: Delete "sec. 27" Insert "sec. 25" Delete "sec. 29" Insert "sec. 27" Page 18, line 25: Delete "secs. 27 and 29" Insert "secs. 25 and 27" Page 18, line 30: Delete "25, 28, 30" Insert "23, 26, 28" Page 19, line 1: Delete "Section 33" Insert "Section 29" Representative Gruenberg moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Samuels objected. Representative McGuire placed a call of the House. The Speaker stated the call was satisfied. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: 2004-05-10 House Journal Page 4172 HCS CSSB 170(FIN) am H--RECONSIDERATION Second Reading Amendment No. 6 YEAS: 20 NAYS: 18 EXCUSED: 2 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Gara, Gatto, Gruenberg, Guttenberg, Heinze, Joule, Kerttula, Kohring, Kookesh, Masek, Morgan, Ogg, Seaton, Weyhrauch, Wilson, Wolf Nays: Anderson, Chenault, Coghill, Dahlstrom, Foster, Harris, Hawker, Holm, Kapsner, Kott, Lynn, McGuire, Meyer, Rokeberg, Samuels, Stepovich, Stoltze, Williams Excused: Fate, Moses And so, Amendment No. 6 was adopted and the new title follows: HOUSE CS FOR CS FOR SENATE BILL NO. 170(FIN) am H "An Act relating to the justification of defense of self or others, immunity from prosecution, probation, discretionary parole, and the right to representation in certain criminal proceedings; relating to violation of a custodian's duty; relating to sexual abuse of a minor; relating to release of information concerning certain cases involving a minor; relating to local options regarding alcoholic beverages, the offense of furnishing or delivery of alcoholic beverages to a person under 21 years of age, and forfeiture of property used in, and money or other items of value used in financial transactions derived from, violation of certain laws relating to alcoholic beverages; relating to assault by means of a dangerous instrument; relating to operating or driving a motor vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance, to the refusal to submit to a chemical test, and to the presumptions concerning the chemical analysis of breath or blood; increasing the duration of certain provisions of domestic violence protective orders from six months to one year; and providing for an effective date." Amendment No. 3 was offered by Representative Weyhrauch: Page 18, following line 16: Insert a new bill section to read: 2004-05-10 House Journal Page 4173 " * Sec. 35. The uncodified law of the State of Alaska is amended by adding a new section to read: REPORT ON IMPLEMENTATION OF SECS. 24 AND 27 OF THIS ACT. The Department of Law, in consultation with the Department of Corrections, Department of Public Safety, Department of Administration;, Public Defender Agency, Office of Public Advocacy, and the Alaska Court System shall prepare a report on the implementation of secs. 24 and 27 of the Act. The report shal be submitted by February 1, 2006 to the governor and the legislature." Renumber the following bill sections accordingly. Representative Weyhrauch moved and asked unanimous consent that Amendment No. 3 be adopted. Objection was heard. Amendment to Amendment No. 3 was offered by Representative Gruenberg: Delete "the implementation of secs. 24 and 27 of this Act" Insert "mandatory consecutive sentences" Representative McGuire objected. The question being: "Shall Amendment to Amendment No. 3 be adopted?" The roll was taken with the following result: HCS CSSB 170(FIN) am H--RECONSIDERATION Second Reading Amendment to Amendment No. 3 YEAS: 18 NAYS: 20 EXCUSED: 2 ABSENT: 0 Yeas: Berkowitz, Cissna, Coghill, Crawford, Croft, Gara, Gatto, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, Ogg, Weyhrauch, Wilson Nays: Anderson, Chenault, Dahlstrom, Foster, Harris, Hawker, Heinze, Holm, Kott, Lynn, McGuire, Meyer, Morgan, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams, Wolf 2004-05-10 House Journal Page 4174 Excused: Fate, Moses And so, Amendment to Amendment No. 3 was not adopted. Representative Weyhrauch moved and asked unanimous consent to withdraw Amendment No. 3. There being no objection, it was so ordered. Amendment No. 5 was offered by Representative Weyhrauch: Page 14, line 30: Delete "20" Insert "10" Page 16, line 13: Delete "20" Insert "10" Representative Weyhrauch moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Berkowitz objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: HCS CSSB 170(FIN) am H--RECONSIDERATION Second Reading Amendment No. 5 YEAS: 35 NAYS: 3 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kohring, Kookesh, Kott, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Nays: Berkowitz, Kerttula, Lynn Excused: Fate, Moses And so, Amendment No. 5 was adopted. 2004-05-10 House Journal Page 4175 HCS CSSB 170(FIN) am H was automatically in third reading. The question to be reconsidered: "Shall HCS CSSB 170(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 170(FIN) am H--RECONSIDERATION Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Fate, Moses And so, HCS CSSB 170(FIN) am H passed the House on reconsideration. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HCS CSSB 170(FIN) am H was referred to the Chief Clerk for engrossment. CONSIDERATION OF THE DAILY CALENDAR THIRD READING OF SENATE BILLS (continued) SB 385 The following, which was advanced to third reading from the May 9, 2004, calendar (page 4078), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 385(RLS) am H "An Act relating to homeland security, to civil defense, to emergencies and to disasters, including disasters in the event of 2004-05-10 House Journal Page 4176 attacks, outbreaks of disease, or threats of attack or outbreak of disease; establishing the Alaska division of homeland security and emergency management in the Department of Military and Veterans' Affairs and relating to the functions of that division and that department; and providing for an effective date." Representative Dahlstrom moved and asked unanimous consent that HCS CSSB 385(RLS) am H be returned to second reading for the specific purpose of considering Amendment No. 2. There being no objection, it was so ordered. Amendment No. 2, which amends Amendment No. 1 (page 4074), was offered by Representative Dahlstrom: Under Sec 24.20.680(b): Delete "four to six" Insert "six to eight" Under Sec 24.20.680(b): Insert a new paragraph to read: "(1) the president of the senate and the speaker of the house of representatives;" Renumber the paragraphs and internal references accordingly. Representative Dahlstrom moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 2 was adopted. The question being: "Shall HCS CSSB 385(RLS) am H pass the House?" The roll was taken with the following result: HCS CSSB 385(RLS) am H Third Reading Final Passage YEAS: 35 NAYS: 1 EXCUSED: 2 ABSENT: 2 2004-05-10 House Journal Page 4177 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson Nays: Kohring Excused: Fate, Moses Absent: Kookesh, Wolf And so, HCS CSSB 385(RLS) am H 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. HCS CSSB 385(RLS) am H was referred to the Chief Clerk for engrossment. SB 387 The following, which was advanced to third reading from the May 9, 2004, calendar (page 4097), was read the third time: SENATE BILL NO. 387 am "An Act authorizing the making of certain commercial fishing loans to eligible community quota entities for the purchase of certain fishing quota shares; and providing for an effective date." The question being: "Shall SB 387 am pass the House?" The roll was taken with the following result: SB 387 am Third Reading Final Passage YEAS: 37 NAYS: 1 EXCUSED: 2 ABSENT: 0 2004-05-10 House Journal Page 4178 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Nays: Kohring Excused: Fate, Moses And so, SB 387 am passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. SB 387 am was signed by the Speaker and Chief Clerk and returned to the Senate. SB 389 The following, which was advanced to third reading from the May 9, 2004, calendar (page 4078), was read the third time: SENATE BILL NO. 389 "An Act relating to the conversion of certain corporations to limited liability companies; and providing for an effective date." The question being: "Shall SB 389 pass the House?" The roll was taken with the following result: SB 389 Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf 2004-05-10 House Journal Page 4179 Excused: Fate, Moses And so, SB 389 passed the House. Representative Joule declared a conflict of interest for his vote on SB 389. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. SB 389 was signed by the Speaker and Chief Clerk and returned to the Senate. RECONSIDERATION SB 260 Representative Meyer brought up reconsideration of the vote on HCS CSSB 260(TRA)(efd fld) (page 4080). The following was again before the House in third reading: HOUSE CS FOR CS FOR SENATE BILL NO. 260(TRA) "An Act relating to metropolitan planning organizations and to the policy board of the metropolitan planning organization for the Anchorage metropolitan area; relating to transportation planning in federally recognized metropolitan planning areas; and providing for an effective date." The question to be reconsidered: "Shall HCS CSSB 260(TRA) pass the House?" The roll was taken with the following result: HCS CSSB 260(TRA)--RECONSIDERATION Third Reading Final Passage YEAS: 26 NAYS: 12 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Chenault, Coghill, Dahlstrom, Foster, Gatto, Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf 2004-05-10 House Journal Page 4180 Nays: Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kookesh, Masek Excused: Fate, Moses And so, HCS CSSB 260(TRA) passed the House on reconsideration. Representative Coghill moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: HCS CSSB 260(TRA)--RECONSIDERATION Third Reading Effective Date YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Fate, Moses And so, the effective date clause was adopted. HCS CSSB 260(TRA) was referred to the Chief Clerk for engrossment. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS (continued) SB 132 The following, which had been moved down the calendar (page 4119), was read the second time: 2004-05-10 House Journal Page 4181 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." with the: Journal Page CRA RPT 4DP 3884 FN1: ZERO(DNR) 3885 RES RPT HCS(RES) 3DP 2NR 2AM 4044 FN1: ZERO(DNR) 4044 Representative Coghill moved and asked unanimous consent that CSSB 132(RES) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSSB 132(RES) was read the third time. The question being: "Shall CSSB 132(RES) pass the House?" The roll was taken with the following result: CSSB 132(RES) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Fate, Moses And so, CSSB 132(RES) passed the House. Representative Masek gave notice of reconsideration of the vote on CSSB 132(RES). 2004-05-10 House Journal Page 4182 SB 227 The following, which had been moved down the calendar (page 4120), was read the second time: CS FOR SENATE BILL NO. 227(STA) am "An Act relating to municipal runoff elections and to municipal initiative and referendum elections." with the: Journal Page CRA RPT 1DP 4NR 1AM 3536 FN1: ZERO(CED) 3537 STA RPT HCS(STA) 1DP 1NR 3AM 3733 FN1: ZERO(CED) 3733 Amendment No. 1 was not offered. Representative Coghill moved and asked unanimous consent that CSSB 227(STA) am be considered engrossed, advanced to third reading, and placed on final passage. Objection was heard. CSSB 227(STA) am will advance to third reading on tomorrow's calendar. THIRD READING OF SENATE BILLS SB 65 The following, which had been read a third time and moved to the bottom of the calendar (page 4154), was before the House in third reading: HOUSE CS FOR CS FOR SENATE BILL NO. 65(FIN) "An Act relating to the qualifications of correctional officers, parole officers, and probation officers; authorizing the Department of Corrections to enter into lease- purchase agreements with municipalities for new or expanded public correctional facilities in the Fairbanks North Star Borough, the Matanuska-Susitna Borough, Bethel, the Municipality of Anchorage, and the City of 2004-05-10 House Journal Page 4183 Seward; relating to the development and financing of privately operated correctional facility space and services; authorizing the Department of Corrections to enter into a lease-purchase agreement with the City of Whittier for the confinement and care of prisoners in privately operated correctional facility space if the state cannot provide the same level of services required in state law or regulation for the same or less cost; giving notice of and approving, and authorizing the entry into and issuance of certificates of participation for, the upgrade, expansion, and replacement of certain jails in Dillingham and Kodiak; and providing for an effective date." Representative Croft moved and asked unanimous consent that HCS CSSB 65(FIN) be returned to second reading for the specific purpose of considering Amendment No. 3. Objection was heard and withdrawn. There being no further objection, HCS CSSB 65(FIN) was returned to second reading. Amendment No. 3 was offered by Representative Croft: Page 4, lines 27 - 31: Delete "In an agreement with the City of Whittier, the commissioner of corrections shall require that the city procure one or more private third-party operators through a competitive bid process. The City of Whittier shall follow state procurement procedures for procurement of land, design, construction, and operation of a facility." Page 4, line 31, following "shall": Insert "select the third-party contractor under the procedures established in AS 36.30 (State Procurement Code), other than AS 36.30.300, to construct and operate the facility by providing custody, care, and discipline services similar to those required by the laws of the state for persons held by the commissioner under the authority of state law and shall" Representative Croft moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Hawker objected. 2004-05-10 House Journal Page 4184 The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HCS CSSB 65(FIN) Second Reading Amendment No. 3 YEAS: 14 NAYS: 24 EXCUSED: 2 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Joule, Kapsner, Kerttula, Kookesh, Masek, Stoltze Nays: Anderson, Chenault, Coghill, Foster, Guttenberg, Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson, Wolf Excused: Fate, Moses And so, Amendment No. 3 was not adopted. The question being: "Shall HCS CSSB 65(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 65(FIN) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Fate, Moses And so, HCS CSSB 65(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. 2004-05-10 House Journal Page 4185 Representative Harris gave notice of reconsideration of the vote on HCS CSSB 65(FIN). RECONSIDERATION SB 65 Representative Harris moved and asked unanimous consent that reconsideration of HCS CSSB 65(FIN) be taken up on the same day. There being no objection, it was so ordered. HCS CSSB 65(FIN) was again before the House in third reading. The question to be reconsidered: "Shall HCS CSSB 65(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 65(FIN)--RECONSIDERATION Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Fate, Moses And so, HCS CSSB 65(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. And so, HCS CSSB 65(FIN) was referred to the Chief Clerk for engrossment. 2004-05-10 House Journal Page 4186 Without objection, the House reverted to: REPORTS OF STANDING COMMITTEES SB 269 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 269(CRA) "An Act relating to access to library records, including access to the library records of a child by a parent or guardian." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 269(JUD) (same title) The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (1): Gruenberg No recommendation (4): Samuels, Holm, Ogg, McGuire Amend (1): Anderson The following fiscal note(s) apply to HCS CSSB 269(JUD): 1. Zero, Dept. of Law 2. Zero, Dept. of Education & Early Development CSSB 269(CRA) is on today's first supplemental calendar. 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: SB 269 PARENT ACCESS TO CHILD'S LIBRARY RECORDS 2004-05-10 House Journal Page 4187 SECOND READING OF SENATE BILLS SB 269 The following was read the second time: CS FOR SENATE BILL NO. 269(CRA) "An Act relating to access to library records, including access to the library records of a child by a parent or guardian." with the: Journal Page HES RPT 4DP 1DNP 1NR 3135 FN1: ZERO(LAW) 3135 FN2: ZERO(EED) 3135 JUD RPT HCS(JUD) 1DP 4NR 1AM 4186 FN1: ZERO(LAW) 4186 FN2: ZERO(EED) 4186 Amendment No. 1 was offered by Representatives Gruenberg, Ogg, and Seaton: Page 1, line 4, through page 2, line 5: Delete all material and insert a new bill section to read: "* Section 1. AS 40.25.140 is amended to read: Sec. 40.25.140. Confidentiality of library records. (a) Except as provided in (b) and (c) of this section, the names, addresses, or other personal identifying information of people who have used materials made available to the public by a library shall be kept confidential, except upon court order, and are not subject inspection under AS 40.25.110 or 40.25.120. This subsection [SECTION] applies to libraries operated by the state, a municipality, [OR] a public school, including the University of Alaska, and by a public library nonprofit corporation. (b) Records of a public elementary or secondary school library identifying a [MINOR] child under 18 years of age shall be made available on request to a parent or guardian of that child." * Sec. 2. AS 40.25.140 is amended by adding a new subsection to read: 2004-05-10 House Journal Page 4188 (c) Records of a library operated by the state, a municipality, the University of Alaska, or by a public library nonprofit corporation identifying a child under 16 years of age who is unemancipated shall be made available on request to a parent or guardian of that child." Representative Gruenberg moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Coghill objected. Amendment to Amendment No. 1 was offered by Representative Ogg: Under (b), following "library identifying": Delete "a [MINOR]" Insert "an unemancipated [A MINOR]" Representative Ogg moved and asked unanimous consent that Amendment to Amendment No. 1 be adopted. There being no objection, Amendment to Amendment No. 1 was adopted. The question being: "Shall Amendment No. 1 as amended be adopted?" The roll was taken with the following result: CSSB 269(CRA) Second Reading Amendment No. 1 as amended YEAS: 17 NAYS: 21 EXCUSED: 2 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Hawker, Joule, Kapsner, Kerttula, Kookesh, Kott, Ogg, Samuels, Seaton, Wilson Nays: Anderson, Chenault, Coghill, Dahlstrom, Foster, Gatto, Harris, Heinze, Holm, Kohring, Lynn, Masek, McGuire, Meyer, Morgan, Rokeberg, Stepovich, Stoltze, Weyhrauch, Williams, Wolf Excused: Fate, Moses And so, Amendment No. 1 as amended was not adopted. 2004-05-10 House Journal Page 4189 Amendment No. 2 was offered by Representative Berkowitz: Page 1, line 13: Delete "a [MINOR]" Insert "an unemancipated [A MINOR]" Representative Berkowitz moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSB 269(CRA) Second Reading Amendment No. 2 YEAS: 30 NAYS: 8 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gruenberg, Guttenberg, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kookesh, Kott, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Williams, Wilson, Wolf Nays: Chenault, Gatto, Harris, Kohring, Lynn, Stepovich, Stoltze, Weyhrauch Excused: Fate, Moses And so, Amendment No. 2 was adopted. Representative Coghill moved and asked unanimous consent that CSSB 269(CRA) am H be considered engrossed, advanced to third reading, and placed on final passage Objection was heard. CSSB 269(CRA) am H will advance to third reading on tomorrow's calendar. 2004-05-10 House Journal Page 4190 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 - The House Chief Clerk and Staff By Representatives Rokeberg, Kott, Coghill, Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Honoring - The House Records Staff By Representatives Rokeberg, Kott, Coghill, Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Honoring - The House Floor Staff, 2004 Legislative Staff By Representatives Rokeberg, Kott, Coghill, Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Honoring - The Legislative Affairs Agency Staff By Representatives Rokeberg, Kott, Coghill, Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf 2004-05-10 House Journal Page 4191 Honoring - The Sexy Senior Dumpster Cleaners of Cooper Landing By Representatives Seaton, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf In Memoriam - Leetus L. George By Representatives Seaton, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf; Senator Gary Stevens In Memoriam - Sherry Hagen By Representatives Seaton, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf; Senator Gary Stevens In Memoriam - Robert E. (Bob) Keys By Representatives Seaton, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf; Senator Gary Stevens In Memoriam - Clayton Earl Richardson By Representatives Seaton, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf; Senator Gary Stevens 2004-05-10 House Journal Page 4192 In Memoriam - Robert Serge By Representatives Seaton, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf; Senator Gary Stevens In Memoriam - Richard Dean Allen By Representatives Rokeberg, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf In Memoriam - Ronald Earl Cunningham By Representatives Meyer, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf In Memoriam - Eleanor Rose Lochner By Representatives Stoltze, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson, Wolf In Memoriam - Carl Rentschler By Representatives Rokeberg, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf 2004-05-10 House Journal Page 4193 In Memoriam - Mary McManamin By Senator French; Representatives Berkowitz, Kott, Anderson, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf In Memoriam - Ralph Sorensen By Senator Hoffman; Representatives Moses, Kapsner, Stoltze, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson, Wolf In Memoriam - John "Datu" Samuelson By Senator Hoffman; Representatives Kapsner, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf In Memoriam - Marjorie (Anstey) Hughes By Senator Cowdery; Representatives Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf RECONSIDERATION SB 329 Representative Kapsner moved and asked unanimous consent that reconsideration of the vote (page 4159) on the following be taken up on the same day: CS FOR SENATE BILL NO. 329(RES) am H "An Act relating to control of nuisance moose." 2004-05-10 House Journal Page 4194 Objection was heard. The question being: "Shall reconsideration of CSSB 329(RES) am H be taken up on the same day?" The roll was taken with the following result: CSSB 329(RES) am H--RECONSIDERATION Third Reading Take up Reconsideration on the Same Day YEAS: 29 NAYS: 8 EXCUSED: 2 ABSENT: 1 Yeas: Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gruenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, McGuire, Morgan, Ogg, Rokeberg, Samuels, Stepovich, Williams, Wilson Nays: Chenault, Gatto, Guttenberg, Meyer, Seaton, Stoltze, Weyhrauch, Wolf Excused: Fate, Moses Absent: Masek And so, the motion passed. CSSB 329(RES) am H was again before the House in third reading. The question to be reconsidered: "Shall CSSB 329(RES) am H pass the House?" The roll was taken with the following result: CSSB 329(RES) am H--RECONSIDERATION Third Reading Final Passage YEAS: 25 NAYS: 11 EXCUSED: 2 ABSENT: 2 Yeas: Anderson, Cissna, Coghill, Croft, Dahlstrom, Foster, Gatto, Gruenberg, Harris, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, McGuire, Morgan, Ogg, Rokeberg, Stepovich, Weyhrauch, Williams, Wilson Nays: Chenault, Crawford, Gara, Guttenberg, Hawker, Lynn, Meyer, Samuels, Seaton, Stoltze, Wolf Excused: Fate, Moses 2004-05-10 House Journal Page 4195 Absent: Berkowitz, Masek And so, CSSB 329(RES) am H passed the House on reconsideration and was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HB 468 Representative Anderson, Chair of the Labor & Commerce Committee, moved and asked unanimous consent to withdraw CSHB 468(JUD)(crt rule fld), which was held on reconsideration to today (page 4067). There being no objection, the following was withdrawn: CS FOR HOUSE BILL NO. 468(JUD) "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; amending Rules 204 and 205, Alaska Rules of Appellate Procedure; and providing for an effective date." SJR 33 Reconsideration of the following was not taken up on this legislative day. It was signed by the Speaker and Chief Clerk and returned to the Senate: CS FOR SENATE JOINT RESOLUTION NO. 33(STA) Urging our United States Senators to work to allow a timely vote on the floor on all judicial nominations. SB 30 Representative Kohring added his name as cross sponsor to: HOUSE CS FOR CS FOR SENATE BILL NO. 30(JUD) "An Act relating to information and services available to pregnant women and other persons; ensuring informed consent before an abortion may be performed; and providing exceptions to informed consent in certain cases." 2004-05-10 House Journal Page 4196 SB 65 Representative Lynn added his name as cross sponsor to: HOUSE CS FOR CS FOR SENATE BILL NO. 65(FIN) "An Act relating to the qualifications of correctional officers, parole officers, and probation officers; authorizing the Department of Corrections to enter into lease- purchase agreements with municipalities for new or expanded public correctional facilities in the Fairbanks North Star Borough, the Matanuska-Susitna Borough, Bethel, the Municipality of Anchorage, and the City of Seward; relating to the development and financing of privately operated correctional facility space and services; authorizing the Department of Corrections to enter into a lease-purchase agreement with the City of Whittier for the confinement and care of prisoners in privately operated correctional facility space if the state cannot provide the same level of services required in state law or regulation for the same or less cost; giving notice of and approving, and authorizing the entry into and issuance of certificates of participation for, the upgrade, expansion, and replacement of certain jails in Dillingham and Kodiak; and providing for an effective date." SB 132 Representative Lynn added his name as cross sponsor 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 224 Representative Lynn added his name as cross sponsor to: CS FOR SENATE BILL NO. 224(STA) "An Act relating to a minor operating a vehicle after consuming alcohol, to a minor refusing to submit to chemical tests, and to driving during the 24 hours after being cited for one of those offenses; and providing for an effective date." 2004-05-10 House Journal Page 4197 SB 329 Representative McGuire added her name as cross sponsor to: CS FOR SENATE BILL NO. 329(RES) am H "An Act relating to control of nuisance moose." ENGROSSMENT HCR 40 Reconsideration of the following, which was held to the May 10, 2004, calendar (page 4067), was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: HOUSE CONCURRENT RESOLUTION NO. 40 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 170, relating to criminal law. HCR 42 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk, and filed. The House rescinded action in adopting the House Judiciary Committee Substitute (page 4054), therefore, the title change resolution was not required. HOUSE CONCURRENT RESOLUTION NO. 42 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 179, relating to criminal history records, background checks, and teacher certification. SB 65 HCS CSSB 65(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 170 HCS CSSB 170(FIN) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2004-05-10 House Journal Page 4198 SB 260 HCS CSSB 260(TRA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 329 CSSB 329(RES) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 382 CSSB 382(CRA) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 385 HCS CSSB 385(RLS) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 1:00 p.m., May 11, 2004. There being no objection, the House adjourned at 3:28 a.m., May 11, 2004. Suzi Lowell Chief Clerk