Legislature(2005 - 2006)

2005-02-23 House Journal

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2005-02-23                     House Journal                      Page 0385
                                                                                                    
                              HOUSE JOURNAL                                                      
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
                TWENTY-FOURTH LEGISLATURE - FIRST SESSION                                        
                                                                                                    
Juneau, Alaska                 Wednesday             February 23, 2005                            
                                                                                                    
                             Forty-fifth Day                                                   
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 10:06 a.m.                                                                                
                                                                                                    
                                                                                                    
Roll call showed 37 members present.  Representative Kott had been                                  
previously excused from a call of the House today.  Representatives                                 
Hawker and Seaton were absent and their presence was noted later.                                   
                                                                                                    
                                                                                                    
The invocation was offered by the Chaplain, Nancy Campbell of the                                   
Gospel Outreach Christian Center.  Representative Meyer moved and                                   
asked unanimous consent that the invocation be spread on the journal.                               
There being no objection, it was so ordered.                                                        
                                                                                                    
    Dear Heavenly Father,                                                                           
                                                                                                    
    I stand in the gap for these elected officials this day.  I ask of                              
    You that You grant them wisdom, understanding, knowledge,                                       
    and a working unity as they discuss the issues brought before                                   
    them.  Bring clarity where there may be confusion and peace                                     
    where there has been strife.  Give them help as they write the                                  
    laws that will shape the future of our great state, the state of                                
    Alaska.                                                                                         
                                                                                                    
    In Jesus' name, Amen.                                                                           
                                                                                                    
                                                                                                    
The Pledge of Allegiance was led by Representative LeDoux.                                          
                                                                                                    

2005-02-23                     House Journal                      Page 0386
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 44th legislative day be approved as certified by the                                
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                                                                                                    
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
The Health, Education & Social Services Committee has reviewed the                                  
qualifications of the following and recommends the appointments be                                  
forwarded to a joint session for consideration:                                                     
                                                                                                    
                            Ms. Karen Macklin                                                      
                                                                                                    
as a member of the Professional Teaching Practices Commission.                                      
                                                                                                    
The report was signed by Representative Wilson, Chair; and                                          
Representatives Anderson, Cissna, Gardner, Kohring, and Seaton.                                     
                                                                                                    
                                                                                                    
                            Mr. Carl H. Marrs                                                      
                             Mr. Jeff Staser                                                       
                                                                                                    
as members of the University of Alaska Board of Regents.                                            
                                                                                                    
The reports were signed by Representative Wilson, Chair; and                                        
Representatives Cissna, Gardner, Anderson, and Seaton.                                              
                                                                                                    
                                                                                                    
                            Mr. Robert Martin                                                      
                                                                                                    
as a member of the University of Alaska Board of Regents.                                           
                                                                                                    
The report was signed by Representative Wilson, Chair; and                                          
Representatives Cissna, Gardner, Anderson, Kohring, and Seaton.                                     
                                                                                                    
HJR 10                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    

2005-02-23                     House Journal                      Page 0387
    HOUSE JOINT RESOLUTION NO. 10                                                                   
    Relating to a proposed reduction in the Federal Medical                                         
    Assistance Percentage for Alaskans; and urging the United States                                
    Congress to take action to prevent the reduction.                                               
                                                                                                    
The report was signed by Representative Wilson, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Cissna, Anderson, Seaton, Wilson                                                      
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Health & Social Services                                                         
2.  Zero, Dept. of Health & Social Services                                                         
3.  Zero, Dept. of Health & Social Services                                                         
4.  Zero, Dept. of Health & Social Services                                                         
                                                                                                    
HJR 10 was referred to the Finance Committee.                                                       
                                                                                                    
HB 100                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
    HOUSE BILL NO. 100                                                                              
    "An Act relating to a lease-purchase agreement for the                                          
    construction, equipping, and financing of a state virology                                      
    laboratory in Fairbanks, on land provided by the University of                                  
    Alaska, Fairbanks, to be operated by the Department of Health                                   
    and Social Services; relating to the issuance of certificates of                                
    participation for the laboratory; relating to the use of certain                                
    investment income for certain construction and equipment costs                                  
    for the laboratory; and providing for an effective date."                                       
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 100(STA)                                                                  
    "An Act relating to a lease-purchase agreement for the                                          
    construction, equipping, and financing of a state virology                                      
    laboratory in Fairbanks to be operated by the Department of                                     
    Health and Social Services; relating to the issuance of certificates                            
    of participation for the laboratory; relating to the use of certain                             

2005-02-23                     House Journal                      Page 0388
    investment income for certain construction and equipment costs                                  
    for the laboratory; and providing for an effective date."                                       
                                                                                                    
The report was signed by Representative Seaton, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Gardner, Seaton                                                                       
                                                                                                    
No recommendation (3):  Lynn, Gruenberg, Ramras                                                     
                                                                                                    
The following fiscal note(s) apply to CSHB 100(STA):                                                
                                                                                                    
1.  Fiscal, Dept. of Health & Social Services                                                       
2.  Fiscal, Dept. of Health & Social Services                                                       
3.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
HB 100 was referred to the Health, Education & Social Services                                      
Committee.                                                                                          
                                                                                                    
SB 14                                                                                             
The State Affairs Committee has considered:                                                         
                                                                                                    
    SENATE BILL NO. 14                                                                              
    "An Act relating to municipal initiative and referendum elections."                             
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR SENATE BILL NO. 14(STA)                                                            
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Seaton, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Gardner, Lynn, Gruenberg, Ramras, Seaton                                              
                                                                                                    
The following fiscal note(s) apply to HCS SB 14(STA):                                               
                                                                                                    
1.  Zero, Office of the Governor                                                                    
2.  Zero, Dept. of Commerce, Community, & Economic Development                                      
                                                                                                    

2005-02-23                     House Journal                      Page 0389
SB 14 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                             OF HOUSE BILLS                                                      
                                                                                                    
HB 170                                                                                            
HOUSE BILL NO. 170 by Representative Kelly, entitled:                                               
                                                                                                    
    "An Act relating to the qualifications of public members of the                                 
    Public Employees' Retirement Board and the Alaska Teachers'                                     
    Retirement Board."                                                                              
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
                                                                                                    
                   CONSIDERATION OF THE DAILY CALENDAR                                           
                                                                                                    
                     SECOND READING OF SENATE BILLS                                              
                                                                                                    
SB 56                                                                                             
The following was read the second time:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 56(JUD)                                                                  
    "An Act relating to criminal law and procedure, criminal                                        
    sentences, and probation and parole; and providing for an                                       
    effective date."                                                                                
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 JUD RPT HCS(JUD) 3DP 3NR                                             266                           
 FN1: ZERO(LAW)                                                       267                           
 FN2: ZERO(COR)                                                       267                           
 FN3: ZERO(COR)                                                       267                           
 FN4: ZERO(DPS)                                                       267                           
 FN5: ZERO(S.JUD/ADM)                                                 267                           
 FIN RPT HCS(FIN) 7DP 1NR                                             352                           
 FN1: ZERO(LAW)                                                       353                           
 FN4: ZERO(DPS)                                                       353                           

2005-02-23                     House Journal                      Page 0390
 FN6: ZERO(COR)                                                       353                           
 FN7: ZERO(COR)                                                       353                           
 FN8: INDETERMINATE(ADM)                                              353                           
 FN9: INDERTERMINATE(ADM)                                             353                           
 FN10: INDETERMINATE(CRT)                                             353                           
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 56(FIN)                                                     
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representatives Samuels and                                          
Gruenberg:                                                                                          
                                                                                                    
Page 16, following line 31:                                                                         
 Insert a new paragraph to read:                                                                    
      "(17)  except in the case of an offense defined by                                        
    AS 11.41 or AS 11.46.400 or a defendant who has previously                                  
    been convicted of a felony, the defendant, at the time of                                   
    sentencing, is actively participating in or has successfully                                
    completed a state-approved treatment program that is                                        
    relevant to the offense and that was begun after the offense                                
    was committed;"                                                                             
                                                                                                    
Page 17, line 1:                                                                                    
 Delete "(17)"                                                                                  
 Insert "(18)"                                                                                  
                                                                                                    
Representative Samuels moved and asked unanimous consent that                                       
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Stoltze objected.                                                                    
                                                                                                    
**The presence of Representative Hawker was noted.                                                  
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                

2005-02-23                     House Journal                      Page 0391
                                                                                                    
HCS CSSB 56(FIN)                                                                                    
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  33   NAYS:  4   EXCUSED:  1   ABSENT:  2                                                   
                                                                                                    
Yeas:  Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                      
Elkins, Foster, Gara, Gardner, Gruenberg, Guttenberg, Harris,                                       
Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, LeDoux,                                     
Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg,                                       
Salmon, Samuels, Thomas, Wilson                                                                     
                                                                                                    
Nays:  Chenault, Gatto, Stoltze, Weyhrauch                                                          
                                                                                                    
Excused:  Kott                                                                                      
                                                                                                    
Absent:  Anderson, Seaton                                                                           
                                                                                                    
And so, Amendment No. 1 was adopted.                                                                
                                                                                                    
                                                                                                    
Amendment No. 2 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 1, line 6, following "INTENT":                                                                 
 Insert "FOR SECTIONS 1 and 3 - 35"                                                                 
                                                                                                    
                                                                                                    
Page 2, following line 3:                                                                           
 Insert new bill sections to read:                                                                  
"* Sec. 2.  AS 11.56.850(a) is amended to read:                                                   
     (a)  A public servant commits the crime of official misconduct                                 
    if, with intent to obtain a benefit or to injure or deprive another                             
    person of a benefit, the public servant                                                         
           (1)  performs an act relating to the public servant's                                    
         office but constituting an unauthorized exercise of the public                             
         servant's official functions, knowing that that act is                                     
         unauthorized; [OR]                                                                         
           (2)  knowingly refrains from performing a duty that                                  
         [WHICH] is imposed upon the public servant by law or is                                    
         clearly inherent in the nature of the public servant's office; or                      
           (3)  knowingly takes or withholds official action,                                   
         as "official action" is defined in AS 39.52.960, in order to                           

2005-02-23                     House Journal                      Page 0392
         affect the interests of a sole proprietorship, partnership,                            
         firm, corporation, trust or other entity through which                                 
         business for profit or not for profit is conducted in which                            
          the public servant or the public servant's spouse is                                 
                    (A)  an officer, director, trustee, partner,                                
                  employee, or holds a position of management; or                               
                    (B)  a holder of stock exceeding $5,000 in                                  
                  fair market value or exceeding one percent of the                             
                  outstanding stock."                                                           
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
                                                                                                    
Page 24, line 8:                                                                                    
 Delete "Sections 2, 5, 26, and 29 - 31"                                                            
 Insert "Sections 3, 6, 27, and 30 - 32"                                                            
                                                                                                    
                                                                                                    
Page 24, line 9:                                                                                    
 Delete "Sections 3, 4, 6 - 25, 27, and 28"                                                         
 Insert "Sections 2, 4, 5, 7 - 26, 28, and 29"                                                      
                                                                                                    
Page 24, line 11:                                                                                   
 Delete "secs. 8 - 21"                                                                              
 Insert "secs. 9 - 22"                                                                              
                                                                                                    
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative McGuire objected.                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSB 56(FIN) am H                                                                               
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  14   NAYS:  23   EXCUSED:  1   ABSENT:  2                                                  
                                                                                                    

2005-02-23                     House Journal                      Page 0393
Yeas:  Berkowitz, Cissna, Crawford, Croft, Elkins, Gara, Gardner,                                   
Gruenberg, Guttenberg, Kapsner, Kerttula, Kohring, Moses, Salmon                                    
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Foster, Gatto, Harris,                               
Hawker, Holm, Kelly, LeDoux, Lynn, McGuire, Meyer, Neuman,                                          
Olson, Ramras, Rokeberg, Samuels, Stoltze, Thomas, Weyhrauch,                                       
Wilson                                                                                              
                                                                                                    
Excused:  Kott                                                                                      
                                                                                                    
Absent:  Joule, Seaton                                                                              
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
The Speaker stated that, without objection, the House would recess to                               
a call of the Chair; and so, the House recessed at 10:54 a.m.                                       
                                                                                                    
                                                                                                    
                              AFTER RECESS                                                       
                                                                                                    
The Speaker called the House back to order at 11:07 a.m.                                            
                                                                                                    
**The presence of Representative Seaton was noted.                                                  
                                                                                                    
                       JOINT SESSION IN THE HOUSE                                                
                                                                                                    
In accordance with Uniform Rule 51, Speaker Harris turned the gavel                                 
over to President pro tempore Green who called the joint session to                                 
order at 11:07 a.m.                                                                                 
                                                                                                    
The purpose of the joint session was to hear an address by the                                      
Honorable Alexander O. Bryner, Chief Justice of the Alaska Supreme                                  
Court.                                                                                              
                                                                                                    
Senator Gary 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.                                                        
                                                                                                    

2005-02-23                     House Journal                      Page 0394
President pro tempore Green appointed Representative McGuire and                                    
Senator Seekins to escort the Honorable Alexander O. Bryner to the                                  
joint session.                                                                                      
                                                                                                    
The Senate Sergeant-at-Arms announced the Chief Justice's entrance                                  
into the House Chamber.                                                                             
                                                                                                    
Chief Justice Bryner was escorted to the rostrum and welcomed by                                    
President pro tempore Green.                                                                        
                                                                                                    
The Chief Justice delivered his address and it is published in Senate                               
and House Joint Journal Supplement No. 3.                                                           
                                                                                                    
Chief Justice Bryner received a standing ovation and was escorted                                   
from the Chamber by Representative McGuire and Senator Seekins.                                     
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
joint session adjourn.  There being no objection, President pro tempore                             
Green adjourned the joint session at 11:39 a.m.                                                     
                                                                                                    
The Speaker ordered the House at ease to allow members of the Senate                                
to leave the Chamber.                                                                               
                                                                                                    
                              IN THE HOUSE                                                       
                                                                                                    
The Speaker called the House back to order at 11:45 a.m.                                            
                                                                                                    
                     SECOND READING OF SENATE BILLS                                              
                               (continued)                                                         
                                                                                                    
SB 56                                                                                             
HCS CSSB 56(FIN) am H was again before the House in second                                          
reading.                                                                                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that HCS                                   
CSSB 56(FIN) am H be considered engrossed, advanced to third                                        
reading, and placed on final passage.                                                               
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    

2005-02-23                     House Journal                      Page 0395
HCS CSSB 56(FIN) am H will advance to third reading on tomorrow's                                   
calendar.                                                                                           
                                                                                                    
SB 62                                                                                             
The following was read the second time:                                                             
                                                                                                    
    SENATE BILL NO. 62                                                                              
    "An Act making a supplemental appropriation for increased                                       
    operating costs of the division of elections; and providing for an                              
    effective date."                                                                                
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 FIN RPT 8DP 3NR                                                      328                           
                                                                                                    
Amendment No. 1 was offered  by Representative Croft:                                                
                                                                                                    
Page 1, following line 3, insert a new bill section to read:                                        
                                                                                                    
   "*Section 1.  The uncodified law of the State of Alaska is amended                             
by adding a new section to read:                                                                    
 LEGISLATIVE FINDINGS AND INTENT.   (a)  The legislature                                            
finds that                                                                                          
  (1)  Alaska law requires that the Division of Elections and the                                   
Lieutenant Governor write a "a true and impartial summary of the                                    
proposed law" (AS 15.45.180) for each initiative on the ballot; and                                 
  (2)  for an initiative on the 2004 general election ballot, the                                   
Lieutenant Governor prepared a summary that was found by the                                        
Anchorage Superior Court to be biased and inaccurate; and                                           
  (3)  at great expense to the state, the Lieutenant Governor's                                     
decision eventually forced the Division of Elections to reprint                                     
thousands of ballots with the proper, impartial summary of the                                      
proposed law; and                                                                                   
  (4)  if the Lieutenant Governor had followed the law set out in                                   
AS 15.45.180, the State of Alaska would not have incurred this great                                
cost.                                                                                               
 (b)  It is the intent of this Legislature                                                          
  (1)  to appropriate the supplemental funds to cover the costs                                     
incurred by the state for only the specific instance described in (a) of                            
this section; and                                                                                   

2005-02-23                     House Journal                      Page 0396
  (2)  to put the Division of Elections and the Lieutenant                                          
Governor on notice that the legislature expects true and impartial                                  
ballot language; and                                                                                
  (3)  not to appropriate additional funds to the Division of                                       
Elections for costs incurred by the State of Alaska due to the failure of                           
the Lieutenant Governor to adhere to election laws in the future."                                  
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Meyer objected.                                                                      
                                                                                                    
Representative Gruenberg rose to a point of order regarding                                         
impugning the motives of members of the body.                                                       
                                                                                                    
The Speaker cautioned members to confine remarks to the                                             
amendment.                                                                                          
                                                                                                    
Representative Rokeberg rose to a point of order regarding confining                                
remarks to the amendment before the body.                                                           
                                                                                                    
The Speaker reminded members to confine remarks to the amendment.                                   
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
SB 62                                                                                               
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  11   NAYS:  26   EXCUSED:  1   ABSENT:  2                                                  
                                                                                                    
Yeas:  Berkowitz, Crawford, Croft, Gara, Gardner, Gruenberg,                                        
Guttenberg, Joule, Kapsner, Kerttula, Salmon                                                        
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Elkins, Foster, Gatto,                               
Harris, Hawker, Holm, Kelly, Kohring, LeDoux, Lynn, McGuire,                                        
Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze,                                   
Thomas, Weyhrauch, Wilson                                                                           
                                                                                                    
Excused:  Kott                                                                                      
                                                                                                    

2005-02-23                     House Journal                      Page 0397
Absent:  Cissna, Moses                                                                              
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
Amendment No. 2 was offered  by Representative Croft:                                                
                                                                                                    
Page 1, line 4:                                                                                     
 Delete "$694,900"                                                                                  
 Insert "$613,833"                                                                                  
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Meyer objected.                                                                      
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
SB 62                                                                                               
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  7   NAYS:  30   EXCUSED:  1   ABSENT:  2                                                   
                                                                                                    
Yeas:  Berkowitz, Crawford, Croft, Gruenberg, Guttenberg, Kerttula,                                 
Salmon                                                                                              
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Elkins, Foster, Gara,                                
Gardner, Gatto, Harris, Hawker, Holm, Joule, Kapsner, Kelly,                                        
Kohring, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras,                                       
Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                       
                                                                                                    
Excused:  Kott                                                                                      
                                                                                                    
Absent:  Cissna, Moses                                                                              
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
SB 62 be considered engrossed, advanced to third reading, and placed                                
on final passage.                                                                                   
                                                                                                    
Objection was heard.                                                                                
                                                                                                    

2005-02-23                     House Journal                      Page 0398
SB 62 will advance to third reading on tomorrow's calendar.                                         
                                                                                                    
                      THIRD READING OF HOUSE BILLS                                               
                                                                                                    
HB 46                                                                                             
The following, which was advanced to third reading from the February                                
22, 2005, calendar (page 375), was read the third time:                                             
                                                                                                    
    CS FOR HOUSE BILL NO. 46(FIN)                                                                   
    "An Act relating to grants to certain public utilities for water                                
    quality enhancement projects and water supply and wastewater                                    
    systems."                                                                                       
                                                                                                    
Representatives Weyhrauch 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 CSHB 46(FIN) pass the House?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CSHB 46(FIN)                                                                                        
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  24   NAYS:  12   EXCUSED:  1   ABSENT:  3                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Foster, Gardner, Gatto,                                         
Guttenberg, Harris, Hawker, Holm, Kapsner, Kelly, Kohring, LeDoux,                                  
Lynn, McGuire, Meyer, Neuman, Ramras, Rokeberg, Samuels,                                            
Stoltze, Thomas, Weyhrauch                                                                          
                                                                                                    
Nays:  Berkowitz, Crawford, Dahlstrom, Elkins, Gara, Gruenberg,                                     
Joule, Kerttula, Olson, Salmon, Seaton, Wilson                                                      
                                                                                                    
Excused:  Kott                                                                                      
                                                                                                    
Absent:  Cissna, Croft, Moses                                                                       
                                                                                                    
And so, CSHB 46(FIN) passed the House.                                                              
                                                                                                    
Representative Wilson gave notice of reconsideration of the vote on                                 
CSHB 46(FIN).                                                                                       
                                                                                                    

2005-02-23                     House Journal                      Page 0399
HB 102                                                                                            
The following, which was advanced to third reading from the February                                
22, 2005, calendar (page 375), was read the third time:                                             
                                                                                                    
    HOUSE BILL NO. 102                                                                              
    "An Act relating to the licensure of foreign medical graduates; and                             
    providing for an effective date."                                                               
                                                                                                    
The question being:  "Shall HB 102 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HB 102                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  23   NAYS:  2   EXCUSED:  1   ABSENT:  14                                                  
                                                                                                    
Yeas:  Coghill, Crawford, Croft, Foster, Gara, Gatto, Gruenberg,                                    
Guttenberg, Harris, Hawker, Kelly, Kerttula, Kohring, LeDoux,                                       
McGuire, Neuman, Ramras, Rokeberg, Salmon, Seaton, Stoltze,                                         
Thomas, Wilson                                                                                      
                                                                                                    
Nays:  Elkins, Gardner                                                                              
                                                                                                    
Excused:  Kott                                                                                      
                                                                                                    
Absent:  Anderson, Berkowitz, Chenault, Cissna, Dahlstrom, Holm,                                    
Joule, Kapsner, Lynn, Meyer, Moses, Olson, Samuels, Weyhrauch                                       
                                                                                                    
And so, HB 102 passed the House.                                                                    
                                                                                                    
Representative Coghill moved the effective date clause.                                             
                                                                                                    
Representative Coghill placed a call of the House and lifted the call.                              
                                                                                                    
                                                                                                    
The question being:  "Shall the effective date clause be adopted?"  The                             
roll was taken with the following result:                                                           
                                                                                                    
HB 102                                                                                              
Third Reading                                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  1   ABSENT:  2                                                   
                                                                                                    

2005-02-23                     House Journal                      Page 0400
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg,                                  
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula,                                  
Kohring, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras,                                       
Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch                                       
                                                                                                    
Excused:  Kott                                                                                      
                                                                                                    
Absent:  Moses, Wilson                                                                              
                                                                                                    
And so, the effective date clause was adopted.                                                      
                                                                                                    
Representative Stoltze gave notice of reconsideration of the vote on                                
HB 102.                                                                                             
                                                                                                    
                           UNFINISHED BUSINESS                                                   
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following members be excused from a call of the House.  There being                                 
no objection, the members were excused as noted:                                                    
                                                                                                    
Representative Gatto - from 7:00 a.m., February 25 to 10:00 p.m.,                                   
plane time, February 27, 2005                                                                       
                                                                                                    
Representative Berkowitz - from 7:00 a.m., February 25 to 9:30 a.m.,                                
plane time, February 28, 2005                                                                       
                                                                                                    
Representative Crawford - from 7:00 a.m., February 25 to 9:30 a.m.,                                 
plane time, February 28, 2005                                                                       
                                                                                                    
Representative Ramras - from 7:00 a.m., February 25 to 9:30 a.m.,                                   
plane time, February 28, 2005                                                                       
                                                                                                    
Representative Kohring - from 10:00 a.m., February 25 to 10:00 p.m.,                                
plane time, February 28, 2005                                                                       
                                                                                                    
Representative Coghill - from 1:00 p.m., February 25 to 10:00 p.m.,                                 
plane time, February 27, 2005                                                                       
                                                                                                    
Representative Harris - from 1:00 p.m., February 25 to 10:00 p.m.,                                  
plane time, February 27, 2005                                                                       
                                                                                                    

2005-02-23                     House Journal                      Page 0401
Representative Olson - from 1:00 p.m., February 25 to 10:00 p.m.,                                   
plane time, February 27, 2005                                                                       
                                                                                                    
Representative Neuman - from 1:00 p.m., February 25 to 9:30 a.m.,                                   
plane time, February 28, 2005                                                                       
                                                                                                    
Representative Rokeberg - from 1:00 p.m., February 25 to 9:30 a.m.,                                 
plane time, March 1, 2005                                                                           
                                                                                                    
Representative Anderson - from 1:00 p.m., February 25 to 9:30 a.m.,                                 
plane time, March 2, 2005                                                                           
                                                                                                    
Representative Holm - from 6:00 p.m., February 25 to 9:30 a.m., plane                               
time, February 28, 2005                                                                             
                                                                                                    
Representative Kelly - from 7:00 a.m., February 27 to 7:00 p.m., plane                              
time, March 2, 2005                                                                                 
                                                                                                    
HB 151                                                                                            
Representative Anderson, Chair, Labor & Commerce Committee,                                         
changed the sponsor from the House Labor & Commerce Committee                                       
to the House Labor & Commerce Committee by request for the                                          
following:                                                                                          
                                                                                                    
    HOUSE BILL NO. 151                                                                              
    "An Act relating to provider responsibility for ocular                                          
    postoperative care; and providing for an effective date."                                       
                                                                                                    
A corrected copy of the bill was reprinted today.                                                   
                                                                                                    
                                                                                                    
HCR 3                                                                                             
Representative Crawford added his name as cosponsor to:                                             
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 3                                                               
    Relating to renewable energy resource development.                                              
                                                                                                    
HB 9                                                                                              
Representative Ramras added his name as cosponsor to:                                               
                                                                                                    

2005-02-23                     House Journal                      Page 0402
    HOUSE BILL NO. 9                                                                                
    "An Act establishing the Hydrogen Energy Partnership in the                                     
    Department of Commerce, Community, and Economic                                                 
    Development; requiring the commissioner of commerce,                                            
    community, and economic development to seek public and private                                  
    funding for the partnership; providing for the contingent repeal of                             
    an effective date; and providing for an effective date."                                        
                                                                                                    
HB 19                                                                                             
Representative LeDoux added her name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 19                                                                               
    "An Act relating to pesticides and broadcast chemicals; and                                     
    providing for an effective date."                                                               
                                                                                                    
HB 132                                                                                            
Representative Anderson added his name as cosponsor to:                                             
                                                                                                    
    HOUSE BILL NO. 132                                                                              
    "An Act relating to sentencing for certain crimes committed                                     
    against the elderly; and providing for an effective date."                                      
                                                                                                    
HB 155                                                                                            
Representative Anderson added his name as cosponsor to:                                             
                                                                                                    
    HOUSE BILL NO. 155                                                                              
    "An Act relating to youth courts and to the recommended use of                                  
    criminal fines to fund the activities of youth courts; and relating to                          
    accounting for criminal fines."                                                                 
                                                                                                    
                                                                                                    
                              ANNOUNCEMENTS                                                      
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
The following meetings today have been changed as indicated:                                        
                                                                                                    
Judiciary Committee                                                                                 
CHANGED TO:                                                     1:45 p.m.                           
                                                                                                    

2005-02-23                     House Journal                      Page 0403
Resources Committee                                                                                 
CHANGED TO:                                                     1:45 p.m.                           
                                                                                                    
Finance Committee                                                                                   
CHANGED TO:                                                     2:00 p.m.                           
                                                                                                    
Joint Session                                                                                       
U.S. Senator Ted Stevens' address                        11:00 a.m., 2/24                           
                                                                                                    
                               ADJOURNMENT                                                       
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:45 a.m., February 24, 2005.  There being no                                  
objection, the House adjourned at 1:30 p.m.                                                         
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk