Legislature(2005 - 2006)

2005-01-28 House Journal

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2005-01-28                     House Journal                      Page 0179
                                                                                                    
                               HOUSE JOURNAL                                                     
                                                                                                    
                          ALASKA STATE LEGISLATURE                                               
                                                                                                    
                 TWENTY-FOURTH LEGISLATURE - FIRST SESSION                                       
                                                                                                    
Juneau, Alaska                      Friday               January 28, 2005                         
                                                                                                    
                               Nineteenth Day                                                  
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 10:10 a.m.                                                                                
                                                                                                    
Roll call showed 25 members present.  Representatives Coghill,                                      
Crawford, Elkins, Gatto, Joule, Kohring, LeDoux, and Ramras had                                     
been previously excused from a call of the House today.                                             
Representatives Berkowitz, Croft, Guttenberg, Kerttula, Kott, and                                   
Salmon were absent and their presence was noted later.                                              
                                                                                                    
Acting Majority Leader Foster moved and asked unanimous consent                                     
that Representative Kapsner be excused from a call of the House today                               
to 10:00 p.m., plane time, January 30, 2005.  There being no objection,                             
it was so ordered.                                                                                  
                                                                                                    
The invocation was offered by the Chaplain, Pastor Tom Matthews of                                  
Douglas Island Bible Church.  Representative McGuire moved and                                      
asked unanimous consent that the invocation be spread on the journal.                               
There being no objection, it was so ordered.                                                        
                                                                                                    
       Respecting the religious differences present here, I would ask                              
     you to join me as we open this session in prayer.                                              
                                                                                                    
     Dear Lord:                                                                                     
                                                                                                    
     It is a privilege to come before You in prayer.  We thank You                                  
     that as the great sovereign God, the creator of the universe,                                  
     You still desire us to communicate with You and lift our                                       
     requests before You.                                                                           
                                                                                                    

2005-01-28                     House Journal                      Page 0180
     Thank You that we can enjoy the freedom that our forefathers                                   
     secured for us - freedom of worship, freedom in terms of our                                   
     political process.  I pray for our troops who are trying to                                    
     implement and protect the process of open elections in Iraq.                                   
     With increased pressure against them, they especially need                                     
     Your protection at this time.  Help the families of those killed                               
     in the downed helicopter to be comforted and strengthened in                                   
     this time of loss.                                                                             
                                                                                                    
     I also pray specifically that You would bless the                                              
     representatives gathered here today.  Help each of them to                                     
     exercise justice and fairness in all they say and do.  Give them                               
     guidance, direction, and wisdom in any decisions to be made.                                   
     Protect their families as they serve our state away from home                                  
     during these legislative sessions.                                                             
                                                                                                    
     And now, "Let the words of my mouth and the meditation of                                      
     my heart be acceptable in Thy sight, O Lord, my strength and                                   
     my redeemer."                                                                                  
                                                                                                    
     In the name of Your Son, Jesus Christ I lift this prayer today.                                
     Amen.                                                                                          
                                                                                                    
The Pledge of Allegiance was led by Representative Neuman.                                          
                                                                                                    
                                                                                                    
                        CERTIFICATION OF THE JOURNAL                                             
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
journal for the 17th and 18th legislative days be approved as certified                             
by the Chief Clerk.  There being no objection, it was so ordered.                                   
                                                                                                    
**The presence of Representative Croft was noted.                                                   
                                                                                                    
                                                                                                    
                          MESSAGES FROM THE SENATE                                               
                                                                                                    
A message dated January 26, 2005, was read stating the Senate has                                   
passed the following and it is transmitted for consideration:                                       
                                                                                                    

2005-01-28                     House Journal                      Page 0181
                        FIRST READING AND REFERENCE                                              
                              OF SENATE BILLS                                                    
                                                                                                    
SB 56                                                                                             
CS FOR SENATE BILL NO. 56(JUD) by the Senate Judiciary                                              
Committee, entitled:                                                                                
                                                                                                    
     "An Act relating to criminal law and procedure, criminal                                       
     sentences, and probation and parole; and providing for an                                      
     effective date."                                                                               
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
A Senate letter of intent was attached (Senate Journal page 102).                                   
                                                                                                    
**The presence of Representatives Berkowitz, Salmon, Kerttula, and                                  
Guttenberg was noted.                                                                               
                                                                                                    
                                                                                                    
                               COMMUNICATIONS                                                    
                                                                                                    
The following were received:                                                                        
                                                                                                    
Dept. of Administration                                                                             
Office of the Commissioner                                                                          
Monetary Terms of Agreement Between the                                                             
State and the Inlandboatmen's Union of the Pacific                                                  
January 26, 2005                                                                                    
(as required by AS 23.40.215)                                                                       
                                                                                                    
The Speaker referred the monetary terms of agreement to the Finance                                 
Committee.                                                                                          
                                                                                                    
                                                                                                    
Alaska Railroad Corporation                                                                         
Special Report to the State of Alaska                                                               
Legislature and Administration                                                                      
January 2005                                                                                        
                                                                                                    

2005-01-28                     House Journal                      Page 0182
Dept. of Health & Social Services                                                                   
Office of the Commissioner                                                                          
FY 2005 Operating Grants                                                                            
December 30, 2004                                                                                   
                                                                                                    
Dept. of Natural Resources                                                                          
Division of Mining, Land, and Water                                                                 
2005 Report to the Legislature:                                                                     
Report on Identified R.S. 2477 Rights-of-Way                                                        
Notification of Annual Mining Report                                                                
Land Disposal Income Fund Report                                                                    
Notification of Annual Report on the                                                                
Status of Land in the Land Disposal Bank                                                            
Notification of Annual Report on                                                                    
Water Removals and Exports                                                                          
Notification of Interim Land Classifications                                                        
(Closing Land to Mineral Entry)                                                                     
(as required by AS 19.30.400, 27.05.060,                                                            
38.04.022, 38.04.020, 46.15.020, 38.05.300, respectively)                                           
                                                                                                    
                                                                                                    
                       REPORTS OF STANDING COMMITTEES                                            
                                                                                                    
HJR 4                                                                                             
The Resources Committee has considered:                                                             
                                                                                                    
     HOUSE JOINT RESOLUTION NO. 4                                                                   
     Urging the United States Congress to pass legislation to open the                              
     coastal plain of the Arctic National Wildlife Refuge, Alaska, to oil                           
     and gas exploration, development, and production.                                              
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE JOINT RESOLUTION NO. 4(RES)                                                       
     (same title)                                                                                   
                                                                                                    
The report was signed by Representatives Samuels and Ramras , Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (6):  Olson, Kapsner, Seaton, Elkins, Samuels, Ramras                                       
                                                                                                    

2005-01-28                     House Journal                      Page 0183
The following fiscal note(s) apply to CSHJR 4(RES):                                                 
                                                                                                    
1.  Zero, Dept. of Natural Resources                                                                
                                                                                                    
HJR 4 is on today's calendar.                                                                       
                                                                                                    
**The presence of Representative Kott was noted.                                                    
                                                                                                    
HB 46                                                                                             
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     HOUSE BILL NO. 46                                                                              
     "An Act permitting grants to certain regulated public utilities for                            
     water quality enhancement projects and water supply and                                        
     wastewater systems."                                                                           
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Lynn, LeDoux, Rokeberg, Anderson                                                      
                                                                                                    
No recommendation (2):  Kott, Guttenberg                                                            
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Commerce, Community, & Economic Development                                      
2.  Fiscal, Dept. of Environmental Conservation                                                     
                                                                                                    
HB 46 was referred to the Finance Committee.                                                        
                                                                                                    
                 INTRODUCTION, FIRST READING, AND REFERENCE                                      
                               OF HOUSE BILLS                                                    
                                                                                                    
HB 116                                                                                            
HOUSE BILL NO. 116 by Representative Meyer, entitled:                                               
                                                                                                    
     "An Act relating to the liability of certain persons for entry and                             
     remaining on licensed premises."                                                               
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    

2005-01-28                     House Journal                      Page 0184
HB 117                                                                                            
HOUSE BILL NO. 117 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to the liability of the state and municipalities for                          
     attorney fees in certain civil actions and appeals; and providing for                          
     an effective date."                                                                            
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs and Judiciary Committees.                                                                   
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Administration                                                                   
2.  Zero, Dept. of Law                                                                              
                                                                                                    
The Governor's transmittal letter dated January 27, 2005, follows:                                  
                                                                                                    
"Dear Speaker Harris:                                                                               
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill to, as a matter of sovereign immunity, limit the                                
award of attorney's fees against the state and municipalities.                                      
                                                                                                    
Since territorial days, Alaska has had a statutory policy of requiring                              
the losing party in most litigation to pay a portion of the prevailing                              
party's attorney fees.  In recent years, this policy has been embodied                              
primarily in Alaska Rule of Civil Procedure 82, which the Alaska                                    
Supreme Court adopted in response to a legislative delegation, made                                 
immediately following statehood, in AS 09.60.010.  In most cases, the                               
prevailing party receives a partial fee award, equal to no more than 20                             
percent of a money judgment or 20 percent of actual fees in a non-                                  
monetary case.                                                                                      
                                                                                                    
In cases brought against state or local governments, departures from                                
the general rule of partial fee reimbursement have occurred with some                               
regularity, with the governmental party required to reimburse all of the                            
prevailing party's fees.  Ordinarily, the basis for these enhanced fee                              
awards has been the judicially created public interest litigant policy,                             
wherein selected litigants bringing suits to advance ends deemed by                                 
the court to reflect strong public policies are granted full fees as a                              

2005-01-28                     House Journal                      Page 0185
subsidy from the state treasury.  The cost of this subsidy has been                                 
significant to the state in all recent fiscal years and, on a more irregular                        
basis, has been significant to the municipalities targeted by such                                  
lawsuits.                                                                                           
                                                                                                    
There are instances where a Legislative policy sufficiently supports                                
full attorney fee awards and the legislature has chosen to provide for                              
them by statute.  Full reimbursement is also important for eminent                                  
domain proceedings.  Beyond these contexts, the Legislature has not                                 
identified a policy that would support a direct public subsidy to private                           
litigants that goes beyond the traditional norm of partial fee awards.                              
To ensure that public money is not disbursed as a subsidy to these                                  
litigants without an appropriate legislative authorization, this bill                               
would provide, as a matter of sovereign immunity, that the state or a                               
municipality would not be liable for an attorney fee award in excess of                             
certain percentages of a money judgment or, if a money judgment is                                  
not recovered, certain percentages of the reasonable actual attorney                                
fees the prevailing party incurred in litigating the issues upon which                              
the party prevailed.  This would prevent enhanced fee awards against                                
the state or municipalities that are not authorized by statute, but leave                           
those governments open to the standard partial fee awards called for in                             
the Civil Rule 82 fee schedule.                                                                     
                                                                                                    
Section 1 of the bill describes the purposes of the Legislation.  It notes                          
the fiscal impact of enhanced fee awards, and specifically relies on the                            
legislature's constitutional authorities in regulating this area.  Section                          
1 states clearly that this bill, if enacted into law, would neither                                 
preclude nor repeal specific statutes authorizing the award of costs or                             
fees in particular situations.                                                                      
                                                                                                    
Section 2 of the bill would create a new provision in the chapter of                                
AS 09 devoted to immunities.  It provides that for civil actions or                                 
appeals in which a money judgment is recovered, the state and                                       
municipalities are not liable to pay more than 20 percent of the money                              
judgment.  In civil actions in which no money judgment is recovered,                                
the liability of the state and municipalities for attorney fees for cases                           
that go to trial is capped at 30 percent of the reasonable actual attorney                          
fees that were necessarily incurred in litigating issues on which the                               
party prevailed, and 20 percent for cases that do not go to trial.  For                             
appeals in which no money judgment is recovered, the liability of the                               

2005-01-28                     House Journal                      Page 0186
state and municipalities for attorney fees is capped at 20 percent of                               
reasonable actual attorney fees that were necessarily incurred in                                   
litigating issues on which the party prevailed.  These limits on liability                          
are very similar to the limits that courts have found for years to                                  
represent fair partial compensation to a prevailing party.  These                                   
limitations do not apply if the statutes provide differently, if the courts                         
determine it is appropriate to award attorney fees as a sanction for                                
misconduct by a party or the party's counsel, or in cases involving the                             
condemnation of property under the power of eminent domain.                                         
                                                                                                    
Section 3 of the bill would make the bill, if enacted into law,                                     
applicable only to civil actions or appeals initiated after it takes effect.                        
                                                                                                    
I urge your prompt consideration and passage of this bill.                                          
                                                                                                    
                                Sincerely yours,                                                    
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                 Governor"                                                         
                                                                                                    
HB 118                                                                                            
HOUSE BILL NO. 118 by Representatives Ramras and Samuels,                                           
entitled:                                                                                           
                                                                                                    
     "An Act relating to an address confidentiality program for victims                             
     of stalking, domestic violence, or sexual assault."                                            
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
HB 119                                                                                            
HOUSE BILL NO. 119 by the House Community & Regional Affairs                                        
Committee, entitled:                                                                                
                                                                                                    
     "An Act extending the termination date of the Alaska regional                                  
     economic assistance program; and providing for an effective                                    
     date."                                                                                         
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs and Finance Committees.                                                                     
                                                                                                    

2005-01-28                     House Journal                      Page 0187
                                                                                                    
                    CONSIDERATION OF THE DAILY CALENDAR                                          
                                                                                                    
                    SECOND READING OF HOUSE RESOLUTIONS                                          
                                                                                                    
HJR 4                                                                                             
The following was read the second time:                                                             
                                                                                                    
     HOUSE JOINT RESOLUTION NO. 4                                                                   
     Urging the United States Congress to pass legislation to open the                              
     coastal plain of the Arctic National Wildlife Refuge, Alaska, to oil                           
     and gas exploration, development, and production.                                              
                                                                                                    
with the:                                                      Journal Page                         
                                                                                                    
 O&G RPT CS(O&G) 5DP                                                    115                         
 FN1: ZERO(DNR)                                                         116                         
 RES RPT CS(RES) 6DP                                                    182                         
 FN1: ZERO(DNR)                                                         183                         
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
following committee substitute be adopted in lieu of the original                                   
resolution:                                                                                         
                                                                                                    
     CS FOR HOUSE JOINT RESOLUTION NO. 4(RES)                                                       
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representatives Gara and Kerttula:                                   
                                                                                                    
Page 3, lines 11 - 15:                                                                              
 Delete all material and insert:                                                                    
                                                                                                    
 "BE IT RESOLVED that the Alaska Legislature urges Congress                                       
to allow oil and gas exploration on the Coastal Plain of the Arctic                                 
National Wildlife Refuge; and be it                                                                 
                                                                                                    
 FURTHER RESOLVED by the Alaska State Legislature that the                                        
Congress is urged to consider 1) the desire by Alaskans for long-term                               

2005-01-28                     House Journal                      Page 0188
prosperity; 2) the preference of Alaskans for long-term employment                                  
for Alaskan workers over shorter-term larger-scale economic                                         
development that requires the excessive use of non-Alaskan labor;                                   
and, 3) the need by Alaskans for long-term revenue from Alaska's                                    
resources, for this and subsequent generations; and be it                                           
                                                                                                    
 FURTHER RESOLVED that the Alaska Legislature urges                                               
Congress to consider providing for the development of oil and gas in                                
the Arctic National Wildlife Refuge after construction of a natural gas                             
pipeline that brings North Slope gas to market, and after the                                       
substantial development of oil and gas resources in the National                                    
Petroleum Reserve-Alaska, so that Alaska's largest remaining resource                               
development projects are developed over the long term, and not all at                               
the same time; and be it                                                                            
                                                                                                    
                                                                                                    
 FURTHER RESOLVED by the Alaska Legislature that                                                  
Congress allow for this development on the Coastal Plain of the Arctic                              
National Wildlife Refuge earlier if needed to ensure that oil                                       
transportation through the Trans-Alaska Pipeline falls below 300,000                                
barrels/day and it is determined that oil production from the Coastal                               
Plain is needed so that transportation through this pipeline remains                                
economically feasible; and be it                                                                    
                                                                                                    
 FURTHER RESOLVED by the Alaska Legislature that                                                  
Congress is urged to adopt policies to promote, to the greatest extent                              
economically and fiscally feasible, the use of directional drilling from                            
outside the Coastal Plain to produce oil and gas located within the                                 
Coastal Plain of the Arctic National Wildlife Refuge."                                              
                                                                                                    
Page 2, line 22, insert:                                                                            
                                                                                                    
 "WHEREAS it has been estimated that construction of an Alaska                                    
Gas Pipeline is expected to generate between 4,000 and 8,600 jobs;                                  
that it is expected there will not be enough available Alaskan workers                              
to fill these new positions and non-Alaska labor will be utilized for                               
positions Alaskans are not available to fill; and, that it has been                                 
estimated by consulting groups promoting oil development in the                                     
Arctic National Wildlife Refuge that oil development in this Refuge                                 
will create in excess of 20,000 additional jobs in this state; and                                  
                                                                                                    

2005-01-28                     House Journal                      Page 0189
 WHEREAS according to reliable estimates there are not enough                                     
available Alaskan workers to staff both the construction of an Alaska                               
Gas Pipeline, and oil development in the Arctic National Wildlife                                   
Refuge if both projects occur at the same time; and"                                                
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Hawker objected.                                                                     
                                                                                                    
Representatives Meyer and Hawker moved and asked unanimous                                          
consent that they be allowed to abstain from voting because of a                                    
conflict of interest.  Objection was heard, and the members were                                    
required to vote.                                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHJR 4(RES)                                                                                        
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  6   NAYS:  25   EXCUSED:  9   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cissna, Gara, Gardner, Kerttula, Moses, Salmon                                               
                                                                                                    
Nays:  Anderson, Berkowitz, Chenault, Croft, Dahlstrom, Foster,                                     
Gruenberg, Guttenberg, Harris, Hawker, Holm, Kelly, Kott, Lynn,                                     
McGuire, Meyer, Neuman, Olson, Rokeberg, Samuels, Seaton,                                           
Stoltze, Thomas, Weyhrauch, Wilson                                                                  
                                                                                                    
Excused:  Coghill, Crawford, Elkins, Gatto, Joule, Kapsner, Kohring,                                
LeDoux, Ramras                                                                                      
                                                                                                    
Salmon changed from "Nay" to "Yea".                                                                 
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
Amendment No. 2 was offered  by Representative Salmon:                                               
                                                                                                    
Page 3, line 17, following "herd":                                                                  
 Insert "respects the concerns of the Gwich'in people,"                                             
                                                                                                    

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Representative Salmon moved and asked unanimous consent that                                        
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Hawker objected.                                                                     
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHJR 4(RES)                                                                                        
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  13   NAYS:  18   EXCUSED:  9   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Croft, Dahlstrom, Gara, Gardner,                                          
Gruenberg, Guttenberg, Kerttula, Kott, Moses, Salmon, Weyhrauch                                     
                                                                                                    
Nays:  Anderson, Chenault, Foster, Harris, Hawker, Holm, Kelly,                                     
Lynn, McGuire, Meyer, Neuman, Olson, Rokeberg, Samuels, Seaton,                                     
Stoltze, Thomas, Wilson                                                                             
                                                                                                    
Excused:  Coghill, Crawford, Elkins, Gatto, Joule, Kapsner, Kohring,                                
LeDoux, Ramras                                                                                      
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
Amendment No. 3 was offered  by Representatives Hawker and                                           
Salmon:                                                                                             
                                                                                                    
Page 3, line 17, following "herd":                                                                  
 Insert "on which the Gwich'in and other local residents depend"                                    
                                                                                                    
Representative Hawker moved and asked unanimous consent that                                        
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHJR 4(RES)                                                                                        
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  24   NAYS:  2   EXCUSED:  9   ABSENT:  5                                                   
                                                                                                    

2005-01-28                     House Journal                      Page 0191
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Croft, Dahlstrom,                                     
Foster, Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Kelly,                                
Kerttula, Kott, Lynn, Meyer, Olson, Salmon, Samuels, Seaton,                                        
Thomas, Wilson                                                                                      
                                                                                                    
Nays:  Neuman, Stoltze                                                                              
                                                                                                    
Excused:  Coghill, Crawford, Elkins, Gatto, Joule, Kapsner, Kohring,                                
LeDoux, Ramras                                                                                      
                                                                                                    
Absent:  Holm, McGuire, Moses, Rokeberg, Weyhrauch                                                  
                                                                                                    
And so, Amendment No. 3 was adopted.                                                                
                                                                                                    
Representative Foster moved and asked unanimous consent that                                        
CSHJR 4(RES) am be considered engrossed, advanced to third                                          
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
CSHJR 4(RES) am was read the third time.                                                            
                                                                                                    
Representative Rokeberg placed a call of the House and lifted the call.                             
                                                                                                    
The question being:  "Shall CSHJR 4(RES) am pass the House?"  The                                   
roll was taken with the following result:                                                           
                                                                                                    
CSHJR 4(RES) am                                                                                     
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  26   NAYS:  4   EXCUSED:  9   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Croft, Dahlstrom, Foster,                                     
Gardner, Gruenberg, Guttenberg, Harris, Hawker, Kelly, Kott, Lynn,                                  
McGuire, Meyer, Moses, Neuman, Olson, Rokeberg, Samuels, Seaton,                                    
Stoltze, Thomas, Weyhrauch, Wilson                                                                  
                                                                                                    
Nays:  Cissna, Gara, Kerttula, Salmon                                                               
                                                                                                    
Excused:  Coghill, Crawford, Elkins, Gatto, Joule, Kapsner, Kohring,                                
LeDoux, Ramras                                                                                      
                                                                                                    
Absent:  Holm                                                                                       
                                                                                                    
And so, CSHJR 4(RES) am passed the House and was referred to the                                    
Chief Clerk for engrossment.                                                                        

2005-01-28                     House Journal                      Page 0192
                           LEGISLATIVE CITATIONS                                                 
                                                                                                    
Representative Foster 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 - YWCA 2004 Women of Achievement Award Winner,                                             
Susan Churchill                                                                                     
By Senator Ellis; Representatives Gara, Harris, Anderson, Berkowitz,                                
Chenault, Cissna, Crawford, Croft, Dahlstrom, Elkins, Gardner,                                      
Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kerttula,                                      
Kott, LeDoux, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg,                                      
Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                         
                                                                                                    
                                                                                                    
Honoring - St. Mary's Episcopal Church                                                              
By Senators Ellis, Guess; Representatives Harris, Anderson,                                         
Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Elkins,                                    
Gara, Gardner, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                          
Kapsner, Kerttula, Kott, LeDoux, McGuire, Meyer, Neuman, Olson,                                     
Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                         
Weyhrauch, Wilson                                                                                   
                                                                                                    
                                                                                                    
In Memoriam - Marguerite Mead                                                                       
By Representatives Meyer, Harris, Anderson, Berkowitz, Chenault,                                    
Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara,                                  
Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kerttula,                                      
Kott, LeDoux, McGuire, Neuman, Olson, Ramras, Rokeberg, Salmon,                                     
Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                                 
                                                                                                    
                                                                                                    
In Memoriam - Sadie Neakok                                                                          
By Representatives Joule, Harris, Anderson, Berkowitz, Chenault,                                    
Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara,                                  
Gruenberg, Guttenberg, Hawker, Holm, Kapsner, Kerttula, Kott,                                       
LeDoux, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg,                                            
Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                         
                                                                                                    

2005-01-28                     House Journal                      Page 0193
In Memoriam - Ronald Wilson Reagan                                                                  
By Representatives Kohring, Gatto, Neuman, Stoltze, Harris,                                         
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Dahlstrom, Elkins, Foster, Gara, Gruenberg, Guttenberg, Hawker,                                     
Holm, Joule, Kapsner, Kerttula, Kott, LeDoux, Lynn, McGuire,                                        
Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton,                                    
Stoltze, Thomas, Weyhrauch, Wilson; Senators Green, Huggins                                         
                                                                                                    
In Memoriam - Florence Orr                                                                          
By Senator Ellis; Representatives Harris, Anderson, Berkowitz,                                      
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster,                              
Gara, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner,                                          
Kerttula, Kott, LeDoux, McGuire, Meyer, Neuman, Olson, Ramras,                                      
Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch,                                      
Wilson                                                                                              
                                                                                                    
In Memoriam - Mrs. Joan Elva Corliss                                                                
By Senator Ellis; Representatives Gara, Harris, Anderson, Berkowitz,                                
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster,                              
Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kerttula,                                      
Kott, LeDoux, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg,                                      
Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                         
                                                                                                    
In Memoriam - Gordon Jensen                                                                         
By Senator Stedman; Representatives Wilson, Harris, Anderson,                                       
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Elkins, Foster, Gara, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                   
Kapsner, Kerttula, Kott, LeDoux, McGuire, Meyer, Neuman, Olson,                                     
Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                         
Weyhrauch                                                                                           
                                                                                                    
                            UNFINISHED BUSINESS                                                  
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
following member be excused from a call of the House.  There being                                  
no objection, the member was excused as noted:                                                      
                                                                                                    
Representative Anderson - from 1:00 p.m., January 28 to 10:00 a.m.,                                 
plane time, January 31, 2005                                                                        
                                                                                                    

2005-01-28                     House Journal                      Page 0194
Pursuant to AS 24.20.680(b), the Speaker made the following                                         
appointments to the Homeland Security and Emergency Management                                      
Subcommittee of the Joint Armed Services Committee:                                                 
                                                                                                    
     Representative Harris                                                                          
     Representative Foster                                                                          
     Representative Croft                                                                           
     Representative Dahlstrom                                                                       
                                                                                                    
HJR 4                                                                                             
Representatives LeDoux, Rokeberg, Harris, Meyer, Gardner, Olson,                                    
Croft, and Gruenberg added their names as cosponsors to:                                            
                                                                                                    
     CS FOR HOUSE JOINT RESOLUTION NO. 4(RES) am                                                    
     Urging the United States Congress to pass legislation to open the                              
     coastal plain of the Arctic National Wildlife Refuge, Alaska, to oil                           
     and gas exploration, development, and production.                                              
                                                                                                    
                                                                                                    
HJR 6                                                                                             
Representative LeDoux added her name as cosponsor to:                                               
                                                                                                    
     HOUSE JOINT RESOLUTION NO. 6                                                                   
     Relating to the labeling of fish products and processed food items                             
     containing fish to identify the country of origin and to distinguish                           
     between wild and farmed fish and fish products.                                                
                                                                                                    
HB 13                                                                                             
Representative Gara added his name as cosponsor to:                                                 
                                                                                                    
     HOUSE BILL NO. 13                                                                              
     "An Act relating to reimbursement of municipal bonds for school                                
     construction; and providing for an effective date."                                            
                                                                                                    
HB 53                                                                                             
Representative Rokeberg added his name as cosponsor to:                                             
                                                                                                    
     HOUSE BILL NO. 53                                                                              
     "An Act relating to child-in-need-of-aid proceedings; amending                                 
     the construction of statutes pertaining to children in need of aid;                            

2005-01-28                     House Journal                      Page 0195
     relating to a duty and standard of care for services to children and                           
     families; amending court hearing procedures to allow public                                    
     attendance at child-in-need-of-aid proceedings; establishing a                                 
     right to a trial by jury in termination of parental rights                                     
     proceedings; reestablishing and relating to state and local citizens'                          
     review panels for certain child custody matters; amending the duty                             
     to disclose information pertaining to a child in need of aid;                                  
     establishing a distribution age for permanent fund dividends held                              
     in trust for a child committed to the custody of the Department of                             
     Health and Social Services; mandating reporting of the medication                              
     of children in state custody; prescribing the rights of grandparents                           
     related to child-in-need-of-aid cases and establishing a                                       
     grandparent priority for adoption in certain child-in-need-of-aid                              
     cases; modifying adoption and placement procedures in certain                                  
     child-in-need-of-aid cases; amending treatment service                                         
     requirements for parents involved in child-in-need-of-aid                                      
     proceedings; amending Rules 3 and 18, Alaska Child in Need of                                  
       Aid Rules of Procedure; and providing for an effective date."                               
                                                                                                    
                                                                                                    
HB 111                                                                                            
Representative Gruenberg added his name as cosponsor to:                                            
                                                                                                    
     HOUSE BILL NO. 111                                                                             
     "An Act adding birthing centers to the list of health facilities                               
       eligible for payment of medical assistance for needy persons."                              
                                                                                                    
                                                                                                    
                                                                                                    
                                ENGROSSMENT                                                      
                                                                                                    
HJR 4                                                                                             
CSHJR 4(RES) am 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.                                 
                                                                                                    

2005-01-28                     House Journal                      Page 0196
                                ADJOURNMENT                                                      
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
House adjourn until 11:00 a.m., January 31, 2005.  There being no                                   
objection, the House adjourned at 11:35 a.m.                                                        
                                                                                                    
                                              Suzi Lowell                                           
                                              Chief Clerk