Legislature(2005 - 2006)

2005-03-04 House Journal

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2005-03-04                     House Journal                      Page 0513
                                                                                                    
                              HOUSE JOURNAL                                                      
                                                                                                    
                         ALASKA STATE LEGISLATURE                                                
                                                                                                    
                TWENTY-FOURTH LEGISLATURE - FIRST SESSION                                        
                                                                                                    
Juneau, Alaska                     Friday                 March 4, 2005                           
                                                                                                    
                             Fifty-fourth Day                                                  
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 10:07 a.m.                                                                                
                                                                                                    
Roll call showed 38 members present.  Representative Olson had been                                 
previously excused from a call of the House today.                                                  
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Berkowitz be excused from a call of the House from                                   
today to 9:30 a.m., plane time, March 7, 2005.  There being no                                      
objection, it was so ordered.                                                                       
                                                                                                    
The invocation was offered by the Chaplain, Pastor Robert Sherwood                                  
of the Church of the Nazarene.  Representative Coghill moved and                                    
asked unanimous consent that the invocation be spread on the journal.                               
There being no objection, it was so ordered.                                                        
                                                                                                    
     The A-10s were doing "hot turns" at the Forward Operating                                      
     Location.  They went from the fueling location to the bomb                                     
     and missile loading area without turning off their engines.                                    
     Greg Wilson was piloting the green camouflaged Wart Hog.                                       
     Greg was six feet two and 250 pounds with a shaved head and                                    
     a gray handlebar mustache.  He almost had to be shoehorned                                     
     into the cockpit.  On the revetment above the A-10 stood the                                   
     chaplain praying for Greg and his mission.  The chaplain was                                   
     dressed in green camouflaged BDUs.  He, the aircraft, and the                                  
     men loading the missiles appeared like a mirage in the heat of                                 
     the day amidst the hills of sand.  The pilot gave the chaplain a                               
     thumbs up.  The chaplain saluted the pilot and the plane was                                   
     off down the runway.                                                                           
                                                                                                    

2005-03-04                     House Journal                      Page 0514
     That day an old Forward air controller from Viet Nam using                                     
     binoculars, a 46-year-old chaplain praying, and an old Cold                                    
     War tank killer were joined by the Ancient of Days.  Greg and                                  
     his plane single handedly blew up twenty Scud missiles and                                     
     their launchers.  The Scuds in western Iraq had names in their                                 
     guidance systems like Haifa, Tel-Aviv, and Jerusalem.  They                                    
     would not arrive at their targets that day or ever.  That day an                               
     old pilot, an old aircraft, and an old chaplain were used by                                   
     God in Desert Storm as instruments of justice, mercy, and in                                   
     humility - unlikely players in the electronic Air Force.                                       
                                                                                                    
     We are not to expect justice in this world, but we are never to                                
     cease to give it.  We are to be merciful to others; for we will                                
     be treated in the measure we are merciful.  We are to be                                       
     humble for it is God who gives us our sanity, our health and                                   
     keeps us from death.  Pride is a Scud missile on the desert                                    
     floor.                                                                                         
                                                                                                    
     Now, Father, fill this place with Your Spirit, manifest synergy                                
     and fruitfulness and in justice, mercy, and humility.  With                                    
     respect to other faiths and in the resurrected name of Jesus.                                  
     God bless you and God bless the state of Alaska.  Amen.                                        
                                                                                                    
The Pledge of Allegiance was led by Representative Foster.                                          
                                                                                                    
                       CERTIFICATION OF THE JOURNAL                                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 53rd legislative day be approved as certified by the                                
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                         MESSAGES FROM THE SENATE                                                
                                                                                                    
SJR 2                                                                                             
A message dated March 3, 2005, was read stating the Senate has                                      
concurred in the House amendment to SJR 2, thus adopting:                                           
                                                                                                    
     SENATE JOINT RESOLUTION NO. 2 am H                                                             
     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.                                              

2005-03-04                     House Journal                      Page 0515
SJR 5                                                                                             
A message dated March 3, 2005, was read stating the Senate has                                      
concurred in the House amendment to SJR 5, thus adopting:                                           
                                                                                                    
     HOUSE CS FOR SENATE JOINT RESOLUTION NO. 5(O&G)                                                
     Urging the United States Congress to reauthorize the Methane                                   
     Hydrate Research and Development Act.                                                          
                                                                                                    
A message dated March 3, 2005, was read stating the Senate has                                      
passed the following and they are transmitted for consideration:                                    
                                                                                                    
                       FIRST READING AND REFERENCE                                               
                             OF SENATE BILLS                                                     
SB 52                                                                                             
CS FOR SENATE BILL NO. 52(L&C) by the Senate Labor and                                              
Commerce Committee, entitled:                                                                       
                                                                                                    
     "An Act relating to certain functions of the division of banking,                              
     securities, and corporations and the division of occupational                                  
     licensing in the Department of Commerce, Community, and                                        
     Economic Development; relating to program receipts and record                                  
     search fees of the Department of Commerce, Community, and                                      
     Economic Development related to banking, securities, and                                       
     corporations; and providing for an effective date."                                            
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Economic Development, International Trade, & Tourism and the                                        
Labor & Commerce Committee.                                                                         
                                                                                                    
SB 87                                                                                             
SENATE BILL NO. 87 by Senators Bunde, Wilken, Seekins,                                              
Wagoner, and Cowdery, entitled:                                                                     
                                                                                                    
     "An Act relating to motor vehicle safety belt violations."                                     
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
                      REPORTS OF STANDING COMMITTEES                                             
                                                                                                    
HJR 7                                                                                             
The State Affairs Committee has considered:                                                         

2005-03-04                     House Journal                      Page 0516
     HOUSE JOINT RESOLUTION NO. 7                                                                   
     Proposing amendments to the Constitution of the State of Alaska                                
     to correct obsolete references to the office of secretary of state by                          
     substituting references to the office of lieutenant governor.                                  
                                                                                                    
The report was signed by Representative Seaton, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Gardner, Gatto, Elkins, Seaton                                                        
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Office of the Governor                                                                  
                                                                                                    
HJR 7 was referred to the Judiciary Committee.                                                      
                                                                                                    
HB 25                                                                                             
The Community & Regional Affairs Committee has considered:                                          
                                                                                                    
     HOUSE BILL NO. 25                                                                              
     "An Act relating to the sharing of fisheries business tax revenue                              
     with municipalities; and providing for an effective date."                                     
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 25(CRA)                                                                  
     (same title)                                                                                   
                                                                                                    
The report was signed by Representatives Olson and Thomas, Co-                                      
chairs, with the following individual recommendations:                                              
                                                                                                    
No recommendation (6):  Cissna, Neuman, Kott, Salmon, LeDoux,                                       
Olson                                                                                               
                                                                                                    
Amend (1):  Thomas                                                                                  
                                                                                                    
The following fiscal note(s) apply to CSHB 25(CRA):                                                 
                                                                                                    
1. Zero, Dept. of Revenue                                                                           
2. Fiscal, Dept. of Commerce, Community, & Economic Development                                     
                                                                                                    

2005-03-04                     House Journal                      Page 0517
HB 25 was referred to the Finance Committee.                                                        
                                                                                                    
HB 103                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
     HOUSE BILL NO. 103                                                                             
     "An Act requiring an actionable claim against the state to be tried                            
     without a jury."                                                                               
                                                                                                    
The report was signed by Representative Seaton, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do not pass (1):  Gruenberg                                                                         
                                                                                                    
No recommendation (5):  Gardner, Gatto, Ramras, Elkins, Seaton                                      
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Alaska Court System                                                                     
2.  Indeterminate, Dept. of Law                                                                     
                                                                                                    
HB 103 was referred to the Judiciary Committee.                                                     
                                                                                                    
HB 133                                                                                            
The Community & Regional Affairs Committee has considered:                                          
                                                                                                    
     SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 133                                                      
     "An Act relating to incorporation of boroughs and to regulations                               
     of the Local Boundary Commission to provide standards and                                      
     procedures for municipal incorporation, reclassification,                                      
     dissolution, and certain municipal boundary changes; and                                       
     providing for an effective date."                                                              
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                   
     133(CRA)                                                                                       
     (same title)                                                                                   
                                                                                                    
The report was signed by Representatives Thomas and Olson, Co-                                      
chairs, with the following individual recommendations:                                              
                                                                                                    

2005-03-04                     House Journal                      Page 0518
Do pass (5):  Salmon, Neuman, Kott, Thomas, Olson                                                   
                                                                                                    
No recommendation (2):  LeDoux, Cissna                                                              
                                                                                                    
The following fiscal note(s) apply to CSSSHB 133(CRA):                                              
                                                                                                    
1.  Zero, Dept. of Commerce, Community, & Economic Development                                      
                                                                                                    
SSHB 133 was referred to the State Affairs Committee.                                               
                                                                                                    
                      REPORTS OF SPECIAL COMMITTEES                                              
                                                                                                    
HB 13                                                                                             
The House Special Committee on Education has considered:                                            
                                                                                                    
     HOUSE BILL NO. 13                                                                              
     "An Act relating to reimbursement of municipal bonds for school                                
     construction; and providing for an effective date."                                            
                                                                                                    
The report was signed by Representative Neuman, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Gara, Gatto, Wilson, Thomas, Neuman                                                   
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Indeterminate, Dept. of Education & Early Development                                           
                                                                                                    
HB 13 was referred to the Health, Education & Social Services                                       
Committee.                                                                                          
                                                                                                    
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                           OF HOUSE RESOLUTIONS                                                  
                                                                                                    
HCR 4                                                                                             
HOUSE CONCURRENT RESOLUTION NO. 4 by Representatives                                                
Ramras and Stoltze:                                                                                 
                                                                                                    
     Encouraging the establishment of a methamphetamine watch                                       
     program.                                                                                       
                                                                                                    

2005-03-04                     House Journal                      Page 0519
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
                                                                                                    
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                              OF HOUSE BILLS                                                     
                                                                                                    
HB 31                                                                                             
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 31 by                                                         
Representatives Anderson, Lynn, and Gatto, entitled:                                                
                                                                                                    
     "An Act relating to the presumption of coverage for a workers'                                 
     compensation claim for disability as a result of certain diseases for                          
     certain occupations."                                                                          
                                                                                                    
was read the first time and referred to the Labor & Commerce, Health,                               
Education & Social Services, and Finance Committees.                                                
                                                                                                    
                                                                                                    
HB 139                                                                                            
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 139 by                                                        
Representative Kerttula, entitled:                                                                  
                                                                                                    
     "An Act relating to the voting rights of felons."                                              
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
HB 198                                                                                            
HOUSE BILL NO. 198 by Representative Elkins, entitled:                                              
                                                                                                    
     "An Act relating to aquatic farming; and providing for an effective                            
     date."                                                                                         
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Fisheries and the Resources Committee.                                                              
                                                                                                    
HB 199                                                                                            
HOUSE BILL NO. 199 by Representative Kott, entitled:                                                
                                                                                                    

2005-03-04                     House Journal                      Page 0520
     "An Act excluding certain trucks from the definition of 'passenger                             
     vehicle' for purposes of the passenger vehicle rental tax; and                                 
     providing for an effective date."                                                              
                                                                                                    
was read the first time and referred to the Transportation, State                                   
Affairs, and Finance Committees.                                                                    
                                                                                                    
HB 200                                                                                            
HOUSE BILL NO. 200 by Representative Kerttula, entitled:                                            
                                                                                                    
     "An Act imposing a maximum pupil-teacher ratio in public                                       
     schools; and providing for an effective date."                                                 
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Education and the Health, Education & Social Services and Finance                                   
Committees.                                                                                         
                                                                                                    
HB 201                                                                                            
HOUSE BILL NO. 201 by Representative Chenault, entitled:                                            
                                                                                                    
     "An Act relating to an application for a permanent fund dividend                               
     for a member of the armed forces of the United States serving on                               
     active duty outside of the state; and providing for an effective                               
     date."                                                                                         
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Military & Veterans' Affairs and the State Affairs Committee.                                       
                                                                                                    
HB 202                                                                                            
HOUSE BILL NO. 202 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to complaints filed with, investigations, hearings,                           
     and orders of, and the interest rate on awards of the State                                    
     Commission for Human Rights; making conforming amendments;                                     
     and providing for an effective date."                                                          
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    

2005-03-04                     House Journal                      Page 0521
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Office of the Governor                                                                    
2.  Zero, Dept. of Law                                                                              
                                                                                                    
The Governor's transmittal letter dated March 3, 2005, follows:                                     
                                                                                                    
"Dear Speaker Harris:                                                                               
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill that would amend the investigation and procedure                                
laws of the State Commission for Human Rights (commission).  The                                    
bill would amend the investigation and hearing procedures to enhance                                
fairness and efficiency and to give the commission more enforcement                                 
discretion to increase its effectiveness in combating unlawful                                      
discrimination.                                                                                     
                                                                                                    
The bill would add a new statutory provision, AS 18.80.112, to                                      
provide the staff of the commission with greater authority to evaluate                              
complaints of discrimination and to choose the complaints that it                                   
pursues to hearing before the commission.  The purpose of the                                       
amendment is to reverse the Alaska Supreme Court's decision in                                      
Department of Fish and Game v. Meyer, 906 P.2d 1365 (Alaska                                         
1995), that a hearing is mandatory if a complaint is supported by                                   
substantial evidence.  The court concluded that the state human rights                              
laws did not give the commission staff discretion to discontinue action                             
on a complaint after an investigator found substantial evidence of                                  
unlawful discrimination.  Id., at 1373.  The effect of this decision was                            
to require the commission to commit its resources to any complaint                                  
supported by substantial evidence without regard to such factors as the                             
weakness of the evidence, the strength of an employer's affirmative                                 
defenses, or the significance of the alleged violation.  Providing the                              
commission with genuine prosecutorial discretion would allow the                                    
commission to commit its resources to complaints it determines merit                                
pursuit, based on such factors as, for example, the strength of the                                 
evidence, the severity of the alleged violation, an employer's history                              
before the commission, or the complaint's value in establishing                                     
precedent guiding future conduct.                                                                   
                                                                                                    
The discretion of the staff of the commission would also be expanded                                
to allow it to compromise a claim for damages in the conciliation (or                               

2005-03-04                     House Journal                      Page 0522
prehearing) phase of the procedures.  The bill would avoid conflicts                                
between staff's exercise of its expanded discretion to compromise,                                  
dismiss, or pursue a complaint and the concerns of the victims of                                   
unlawful discrimination by allowing a complainant to opt out of                                     
commission procedures.  A complainant may withdraw the complaint                                    
at any time before the executive director of the commission makes the                               
decision to go to hearing and, after withdrawal, pursue the claim                                   
independently of the commission in another forum.                                                   
                                                                                                    
The bill would expand on a procedural change made in 2004 when the                                  
power to appoint the individuals who conduct commission hearings                                    
was moved from the commission to the chief administrative law judge                                 
in the Department of Administration.  The bill would apply all of the                               
statutes regarding hearings of the office of administrative hearings to                             
the commission (including statutes addressing the qualifications of the                             
persons who would conduct the commission's hearings) except for the                                 
statutes establishing hearing procedures.  The commission's hearing                                 
procedures would be any specific procedures set out in AS 18.80 and                                 
the uniform procedures in the Administrative Procedure Act, AS                                      
44.62.330 - 44.62.630.  The bill would eliminate from AS 18.80 some                                 
duplicative procedural requirements that are addressed in the                                       
Administrative Procedure Act, such as the admissibility of evidence                                 
and the requirement that testimony be under oath.  Another change                                   
would be the addition of a provision similar to a motion for summary                                
judgment in the civil rules of court to allow a summary decision on the                             
law if the facts are not disputed.  The reason for allowing a summary                               
decision is that it is a faster procedure than a hearing, and it would                              
provide a sufficient opportunity to be heard on the legal issues when                               
the facts are not in dispute.  The bill would add a provision tying the                             
rate of interest on commission economic awards to the rate of interest                              
on judgments in AS 09.30.070, to conform the commission's rate to                                   
the rate awarded by other administrative agencies and the courts.  It                               
would continue to allow the commission to amend an accusation after                                 
a case is referred for hearing, but it would require that each new claim                            
be supported by substantial evidence and that the commission provide                                
a respondent with the opportunity to address new claims informally                                  
before being required to defend them in a formal hearing.  The bill                                 
would move the statute of limitations for bringing a claim from                                     
regulation (6 AAC 30.230) to statute.                                                               
                                                                                                    

2005-03-04                     House Journal                      Page 0523
The bill would identify the specific relief available to remedy                                     
discrimination, to make the process more open and predictable and,                                  
thus, fairer.  The bill would incorporate into statute the Alaska                                   
Supreme Court's conclusion that the commission lacks the authority to                               
award punitive or noneconomic damages.  The bill would amend AS                                     
18.30.130 to establish restoration of the benefit that was deprived --                              
hiring, promotion, or reinstatement to a position with back pay -- as                               
the customary remedy for unlawful employment discrimination.  The                                   
bill would define "pay" broadly to mean all compensation for service,                               
including the cost of employee benefits.  In the unusual case of an                                 
employee who is unable to return to work, the bill would allow an                                   
award of up to one year of future compensation.  For any pay that the                               
commission awards, the bill would require the commission to offset                                  
the amount an employee should have been able to earn after making a                                 
reasonable effort to find similar work.                                                             
                                                                                                    
Very importantly, under the bill the commission would retain the                                    
authority to order affirmative action to correct unlawful discrimination                            
and to award "any appropriate relief" if it needs to innovate in order to                           
remedy an unusual case of discrimination.                                                           
                                                                                                    
By increasing the commission's discretion in handling complaints, the                               
bill would enable the commission to allocate its diminishing resources                              
to cases in which the commission could be the most effective in                                     
addressing and eliminating unlawful discrimination.  By streamlining                                
commission procedures, the bill would help contain costs and ensure                                 
that the procedures are equitable to both complainants and the persons,                             
businesses, labor organizations, and employment agencies charged                                    
before the commission with unlawful discrimination.                                                 
                                                                                                    
I urge your prompt and favorable action on this bill.                                               
                                                                                                    
                                Sincerely yours,                                                    
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                Governor"                                                          
                                                                                                    
                                                                                                    
HB 203                                                                                            
HOUSE BILL NO. 203 by Representative Anderson, entitled:                                            
                                                                                                    

2005-03-04                     House Journal                      Page 0524
     "An Act relating to a motor vehicle dealer's selling certain motor                             
     vehicles as new model motor vehicles or as new model motor                                     
     vehicles having a manufacturer's warranty."                                                    
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    
HB 204                                                                                            
HOUSE BILL NO. 204 by Representative Thomas, entitled:                                              
                                                                                                    
     "An Act relating to the prescription and use of pharmaceutical                                 
     agents, including controlled substances, by optometrists."                                     
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Labor & Commerce Committees.                                                           
                                                                                                    
                   CONSIDERATION OF THE DAILY CALENDAR                                           
                                                                                                    
                          LEGISLATIVE CITATIONS                                                  
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citations on the calendar.  There being no                                        
objection, the following citations were approved and sent to enrolling:                             
                                                                                                    
Honoring - Major General John M. Brown III                                                          
By Representatives Dahlstrom, Harris, Anderson, Berkowitz,                                          
Chenault, Cissna, Coghill, Crawford, Croft, Elkins, Foster, Gara,                                   
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                         
Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire,                                     
Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton,                                    
Stoltze, Thomas, Weyhrauch, Wilson                                                                  
                                                                                                    
In Memoriam - Edwin G. Church                                                                       
By Representatives Kohring, Gatto, Neuman, Stoltze, Harris,                                         
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Dahlstrom, Elkins, Foster, Gara, Gardner, Gruenberg, Guttenberg,                                    
Hawker, Holm, Joule, Kapsner, Kerttula, Kott, LeDoux, McGuire,                                      
Meyer, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Thomas,                                    
Weyhrauch, Wilson; Senators Green, Huggins                                                          
                                                                                                    

2005-03-04                     House Journal                      Page 0525
                           UNFINISHED BUSINESS                                                   
                                                                                                    
HB 46                                                                                             
Representative Coghill moved that the House rescind previous action                                 
in failing to pass on reconsideration (page 417):                                                   
                                                                                                    
     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."                                                                                      
                                                                                                    
Representative Kerttula objected.                                                                   
                                                                                                    
Representative Rokeberg placed a call of the House.                                                 
                                                                                                    
The call was satisfied.                                                                             
                                                                                                    
The question being:  "Shall the House rescind previous action in                                    
failing to pass CSHB 46(FIN) on reconsideration?"  The roll of the                                  
House was taken with the following result:                                                          
                                                                                                    
CSHB 46(FIN)--RECONSIDERATION                                                                       
Third Reading                                                                                       
Rescind Previous Action in Failing to Pass                                                          
                                                                                                    
YEAS:  27   NAYS:  11   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Dahlstrom, Elkins, Foster, Gatto,                               
Guttenberg, Harris, Hawker, Holm, Kelly, Kohring, Kott, LeDoux,                                     
Lynn, McGuire, Meyer, Neuman, Ramras, Rokeberg, Samuels,                                            
Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                                          
                                                                                                    
Nays:  Cissna, Crawford, Croft, Gara, Gardner, Gruenberg, Joule,                                    
Kapsner, Kerttula, Moses, Salmon                                                                    
                                                                                                    
Excused:  Berkowitz, Olson                                                                          
                                                                                                    
And so, the motion passed.                                                                          
                                                                                                    
                                                                                                    
CSHB 46(FIN) was again before the House in third reading under                                      
reconsideration.                                                                                    
                                                                                                    

2005-03-04                     House Journal                      Page 0526
Representative Wilson moved and asked unanimous consent that                                        
CSHB 46(FIN) be returned to second reading for the specific purpose                                 
of considering Amendment No. 2.                                                                     
                                                                                                    
Representative Coghill objected.                                                                    
                                                                                                    
The question being:  "Shall CSHB 46(FIN) be returned to second                                      
reading for the specific purpose of considering Amendment No. 2?"                                   
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 46(FIN)--RECONSIDERATION                                                                       
Third Reading                                                                                       
Return to Second for Amendment No. 2                                                                
                                                                                                    
YEAS:  25   NAYS:  13   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Cissna, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner,                                   
Gatto, Gruenberg, Guttenberg, Joule, Kapsner, Kelly, Kerttula, Kott,                                
LeDoux, Moses, Neuman, Ramras, Salmon, Samuels, Seaton, Stoltze,                                    
Weyhrauch, Wilson                                                                                   
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Foster, Harris, Hawker, Holm,                                   
Kohring, Lynn, McGuire, Meyer, Rokeberg, Thomas                                                     
                                                                                                    
Excused:  Berkowitz, Olson                                                                          
                                                                                                    
And so, CSHB 46(FIN) was returned to second reading.                                                
                                                                                                    
                                                                                                    
Amendment No. 1 was not offered.                                                                    
                                                                                                    
Amendment No. 2 was offered  by Representative Wilson:                                               
                                                                                                    
Page 2, following line 28:                                                                          
 Insert a new subsection to read:                                                                   
      "(k)  Municipalities shall be given one additional point by the                               
     Department when considering these grants."                                                     
                                                                                                    
Representative Wilson moved and asked unanimous consent that                                        
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Kelly objected.                                                                      
                                                                                                    

2005-03-04                     House Journal                      Page 0527
Representative Wilson moved and asked unanimous consent that                                        
Amendment No. 2 be withdrawn and replaced with New Amendment                                        
No. 2.                                                                                              
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
                                                                                                    
The Speaker ruled New Amendment No. 2 in order, and so                                              
Amendment No. 2 was withdrawn.                                                                      
                                                                                                    
                                                                                                    
New Amendment No. 2 was offered  by Representative Wilson:                                           
                                                                                                    
Page 2, following line 28:                                                                          
 Insert a new subsection to read:                                                                   
      "(k)  Municipalities shall be given an additional point in the                                
     point system used in awarding grants under this system.  In this                               
     subsection, "point system" means the method used by the                                        
     department to determine which grantees will be awarded grants                                  
     from the funds available."                                                                     
                                                                                                    
Representative Wilson moved and asked unanimous consent that New                                    
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
The question being:  "Shall New Amendment No. 2 be adopted?"  The                                   
roll was taken with the following result:                                                           
                                                                                                    
CSHB 46(FIN)--RECONSIDERATION                                                                       
Second Reading                                                                                      
New Amendment No. 2                                                                                 
                                                                                                    
YEAS:  17   NAYS:  21   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Cissna, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner,                                   
Gruenberg, Joule, Kapsner, Kerttula, LeDoux, Moses, Neuman,                                         
Salmon, Seaton, Wilson                                                                              
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Foster, Gatto, Guttenberg, Harris,                              
Hawker, Holm, Kelly, Kohring, Kott, Lynn, McGuire, Meyer, Ramras,                                   
Rokeberg, Samuels, Stoltze, Thomas, Weyhrauch                                                       
                                                                                                    

2005-03-04                     House Journal                      Page 0528
Excused:  Berkowitz, Olson                                                                          
                                                                                                    
And so, New Amendment No. 2 was not adopted.                                                        
                                                                                                    
                                                                                                    
The question to be reconsidered:  "Shall CSHB 46(FIN) pass the                                      
House?"  The roll of the House was taken with the following result:                                 
                                                                                                    
CSHB 46(FIN)--RECONSIDERATION                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  26   NAYS:  12   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Croft, Dahlstrom, Elkins, Foster,                               
Gatto, Guttenberg, Harris, Hawker, Holm, Kelly, Kohring, Kott,                                      
LeDoux, Lynn, McGuire, Meyer, Neuman, Ramras, Rokeberg,                                             
Samuels, Stoltze, Thomas, Weyhrauch                                                                 
                                                                                                    
Nays:  Cissna, Crawford, Gara, Gardner, Gruenberg, Joule, Kapsner,                                  
Kerttula, Moses, Salmon, Seaton, Wilson                                                             
                                                                                                    
Excused:  Berkowitz, Olson                                                                          
                                                                                                    
And so, CSHB 46(FIN) passed the House on reconsideration and was                                    
referred to the Chief Clerk for engrossment.                                                        
                                                                                                    
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 Gardner - from noon, March 4 to 9:30 a.m., plane time,                               
March 7, 2005                                                                                       
                                                                                                    
Representative Neuman - from noon, March 4 to 9:30 a.m., plane time,                                
March 7, 2005                                                                                       
                                                                                                    
Representative Weyhrauch - from 5:00 p.m., March 4 to 7:00 p.m.,                                    
plane time, March 7, 2005                                                                           
                                                                                                    
Representative Holm - from 6:00 p.m., March 4 to 9:30 a.m., plane                                   
time, March 7, 2005                                                                                 
                                                                                                    

2005-03-04                     House Journal                      Page 0529
Representative Chenault - from 6:00 p.m., March 4 to 9:30 a.m., plane                               
time, March 7, 2005                                                                                 
                                                                                                    
Representative Gara - from 6:00 p.m., March 4 to 9:30 a.m., plane                                   
time, March 7, 2005                                                                                 
                                                                                                    
Representative Kohring - from 10:00 a.m., March 5 to 10:00 p.m.,                                    
plane time, March 13, 2005                                                                          
                                                                                                    
                                                                                                    
HB 13                                                                                             
Representative Neuman 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 149                                                                                            
Representative McGuire added her name as cosponsor to:                                              
                                                                                                    
     HOUSE BILL NO. 149                                                                             
     "An Act relating to further regulation of the sale, possession, and                            
     delivery of certain chemicals and precursors used in the                                       
     manufacture of methamphetamine."                                                               
                                                                                                    
                                                                                                    
HB 175                                                                                            
Representative Gara added his name as cosponsor to:                                                 
                                                                                                    
     HOUSE BILL NO. 175                                                                             
    "An Act relating to the creation of a civil legal services fund."                              
                                                                                                    
                                                                                                    
HB 184                                                                                            
Representative Harris added his name as cosponsor to:                                               
                                                                                                    
     HOUSE BILL NO. 184                                                                             
     "An Act relating to firearms."                                                                 
                                                                                                    

2005-03-04                     House Journal                      Page 0530
                               ENGROSSMENT                                                       
                                                                                                    
HB 46                                                                                             
CSHB 46(FIN) was engrossed, signed by the Speaker and Chief Clerk                                   
and transmitted to the Senate for consideration.                                                    
                                                                                                    
                              ANNOUNCEMENTS                                                      
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                               ADJOURNMENT                                                       
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 11:00 a.m., March 7, 2005.  There being no                                      
objection, the House adjourned at 11:46 a.m.                                                        
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk