Legislature(2005 - 2006)

2005-04-13 House Journal

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2005-04-13                     House Journal                      Page 1011
                                                                                                    
                              HOUSE JOURNAL                                                      
                                                                                                    
                         ALASKA STATE LEGISLATURE                                                
                                                                                                    
                TWENTY-FOURTH LEGISLATURE - FIRST SESSION                                        
                                                                                                    
Juneau, Alaska                  Wednesday                  April 13, 2005                         
                                                                                                    
                            Ninety-fourth Day                                                  
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 10:16 a.m.                                                                                
                                                                                                    
Roll call showed 33 members present.  Representatives Berkowitz,                                    
Joule, and Kapsner had been previously excused from a call of the                                   
House today.  Representatives Anderson, Kott, and Weyhrauch were                                    
absent and their presence was noted later.                                                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Crawford be excused from a call of the House today to                                
2:00 p.m., plane time, April 17, 2005.  There being no objection, it                                
was so ordered.                                                                                     
                                                                                                    
The invocation was offered by the Chaplain, Nancy Campbell of the                                   
Gospel Outreach Christian Center.  Representative Rokeberg 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 ask Your blessing on this body of legislators today as they                                  
     deliberate over the bills presented.  Encourage them, Lord,                                    
     and confer upon them the wisdom needed to know which way                                       
     to vote on the issues that require action before the end of this                               
     session.                                                                                       
                                                                                                    
     I pray for a special grace and an ability for them to redeem the                               
     time while working together.  Refresh their minds and bring                                    
     healing to their bodies.  Grant them supernatural strength in                                  

2005-04-13                     House Journal                      Page 1012
      the place of weariness.  Let their communication be clear and                                
     give them understanding of one another.                                                        
                                                                                                    
           Let Your kingdom come and Your will be done in this                                     
     Chamber today.  Thank You, Lord.                                                               
                                                                                                    
     In Jesus' name.  Amen.                                                                         
                                                                                                    
The Pledge of Allegiance was led by Representative Hawker.                                          
                                                                                                    
                       CERTIFICATION OF THE JOURNAL                                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 93rd legislative day be approved as certified by the                                
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                                                                                                    
                         MESSAGES FROM THE SENATE                                                
                                                                                                    
HJR 15                                                                                            
A message dated April 12, 2005, was read stating the Senate has                                     
passed:                                                                                             
                                                                                                    
     CS FOR HOUSE JOINT RESOLUTION NO. 15(RES)                                                      
     Relating to open ocean aquaculture in the federal exclusive                                    
     economic zone.                                                                                 
                                                                                                    
CSHJR 15(RES) was referred to the Chief Clerk for enrollment.                                       
                                                                                                    
**The presence of Representative Kott was noted.                                                    
                                                                                                    
A message dated April 12, 2005, was read stating the Senate has                                     
passed the following and it is transmitted for consideration:                                       
                                                                                                    
                       FIRST READING AND REFERENCE                                               
                             OF SENATE BILLS                                                     
                                                                                                    
SB 137                                                                                            
SENATE BILL NO. 137 by Senator Seekins, entitled:                                                   
                                                                                                    

2005-04-13                     House Journal                      Page 1013
     "An Act providing that an institution providing accommodations                                 
     exempt from the provisions of the Uniform Residential Landlord                                 
     and Tenant Act may evict tenants without resorting to court                                    
     proceedings under AS 09.45.060 - 09.45.160."                                                   
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Judiciary Committees.                                                                               
                                                                                                    
                      REPORTS OF STANDING COMMITTEES                                             
                                                                                                    
The State Affairs Committee has reviewed the qualifications of the                                  
following and recommends the appointments be forwarded to a joint                                   
session for consideration:                                                                          
                                                                                                    
                           Mr. Randy H. Eledge                                                     
                         Mr. Lester C. Lunceford                                                   
                      Ms. Barbara J. (Tamie) Miller                                                
                                                                                                    
as members of the State Commission for Human Rights.                                                
                                                                                                    
The reports were signed by Representative Seaton, Chair; and                                        
Representatives Gardner, Lynn, Gatto, Gruenberg, and Elkins.                                        
                                                                                                    
                            Ms. M. Chris Hayes                                                     
                                                                                                    
as a member of the State Commission for Human Rights.                                               
                                                                                                    
The report was signed by Representative Seaton, Chair; and                                          
Representatives Gardner, Lynn, Gatto, and Elkins.                                                   
                                                                                                    
HB 94                                                                                             
The Judiciary Committee has considered:                                                             
                                                                                                    
     HOUSE BILL NO. 94                                                                              
     "An Act relating to qualifications of voters, requirements and                                 
     procedures regarding independent candidates for President and                                  
     Vice-President of the United States, voter registration and voter                              
     registration records, voter registration through a power of                                    
     attorney, voter registration using scanned documents, voter                                    
     residence, precinct boundary and polling place designation and                                 

2005-04-13                     House Journal                      Page 1014
     modification, recognized political parties, voters unaffiliated with                           
     a political party, early voting, absentee voting, application for                              
     absentee ballots through a power of attorney, or by scanned                                    
     documents, ballot design, ballot counting, voting by mail, voting                              
     machines, vote tally systems, initiative, referendum, recall, and                              
     definitions in the Alaska Election Code; relating to incorporation                             
     elections; and providing for an effective date."                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 94(JUD)                                                                  
     "An Act relating to qualifications of voters, requirements and                                 
     procedures regarding independent candidates for President and                                  
     Vice-President of the United States, voter registration, voter                                 
     residence, precinct boundary and polling place designation and                                 
     modification, political parties, voters unaffiliated with a political                          
     party, early voting, absentee voting, ballot design, ballot counting,                          
     voting by mail, voting machines, vote tally systems, qualifications                            
     for elected office, initiative, referendum, recall, and definitions in                         
     the Alaska Election Code; and relating to incorporation elections."                            
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  Kott                                                                                  
                                                                                                    
No recommendation (4):  Anderson, Coghill, Gara, McGuire                                            
                                                                                                    
Amend (1):  Gruenberg                                                                               
                                                                                                    
The following fiscal note(s) apply to CSHB 94(JUD):                                                 
                                                                                                    
2.  Fiscal, Office of the Governor                                                                  
                                                                                                    
HB 94 was referred to the Finance Committee.                                                        
                                                                                                    
                                                                                                    
HB 130                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    

2005-04-13                     House Journal                      Page 1015
     HOUSE BILL NO. 130                                                                             
     "An Act granting certain state land to the University of Alaska and                            
     establishing the university research forest; and providing for an                              
     effective date."                                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 130(FIN)                                                                 
     "An Act relating to the grant of certain state land to the University                          
     of Alaska; relating to the duties of the Board of Regents;                                     
     establishing the university research forest; and providing for an                              
     effective date."                                                                               
                                                                                                    
The report was signed by Representatives Meyer and Chenault, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (4):  Hawker, Weyhrauch, Kelly, Foster                                                      
                                                                                                    
No recommendation (5):  Holm, Stoltze, Moses, Meyer, Chenault                                       
                                                                                                    
A Finance Committee letter of intent for CSHB 130(FIN), signed by                                   
Representatives Meyer and Chenault, Co-chairs, follows:                                             
                                                                                                    
"It is the intent of the 24th Alaska State Legislature that the University                          
of Alaska maintain its role in the state as an academically strong and                              
financially secure state university system in order to remain a                                     
cornerstone of the long-term development of a stable population and                                 
contribute to a healthy, diverse economy in the state.                                              
                                                                                                    
The State of Alaska and the University of Alaska have identified                                    
particular lands to be conveyed to the Board of Regents in trust for the                            
University of Alaska. The 24th Alaska State Legislature intends that                                
the Board of Regents of the University of Alaska receive land in trust                              
for the University of Alaska under the provisions in House Bill 130 in                              
an expeditious manner; and encourage the development of in-state                                    
value-added industries to the extent economically feasible and                                      
practicable when it develops the land conveyed.                                                     
                                                                                                    
The University has agreed that land conveyed at Cold Foot Node will                                 
not be used for the purposes of establishing businesses that would                                  

2005-04-13                     House Journal                      Page 1016
compete with an existing business that has entered into a long-term                                 
lease with the Department of Natural Resources.  It is the intent of the                            
Legislature to approve that arrangement between those parties and the                               
University.                                                                                         
                                                                                                    
Further, it is the intent of the Legislature that the University of Alaska                          
uses the land for development purposes that contribute to the                                       
economic diversification and vitality of Alaska. The University may                                 
not convey the land to a not-for-profit corporation or to an entity that                            
intends to set the land aside in trust for conservation purposes or non-                            
economically productive uses."                                                                      
                                                                                                    
The following fiscal note(s) apply to CSHB 130(FIN):                                                
                                                                                                    
1.  Zero, Dept. of Fish & Game                                                                      
2.  Fiscal, Dept. of Law                                                                            
3.  Fiscal, Dept. of Natural Resources                                                              
4.  Fiscal, University of Alaska                                                                    
                                                                                                    
HB 130 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 210                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     HOUSE BILL NO. 210                                                                             
     "An Act relating to blood testing of certain persons alleged to                                
     have committed certain offenses directed toward peace officers or                              
     emergency workers."                                                                            
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 210(JUD)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative Chenault, Co-chair, with the                                
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Kelly, Holm, Stoltze, Hawker, Foster, Chenault                                        
                                                                                                    

2005-04-13                     House Journal                      Page 1017
No recommendation (1):  Weyhrauch                                                                   
                                                                                                    
The following fiscal note(s) apply to CSHB 210(JUD):                                                
                                                                                                    
1.  Zero, Alaska Court System                                                                       
2.  Zero, Dept. of Corrections                                                                      
3.  Zero, Dept. of Law                                                                              
4.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
HB 210 is on today's calendar.                                                                      
                                                                                                    
HB 215                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
     HOUSE BILL NO. 215                                                                             
     "An Act relating to the investment responsibilities of the Alaska                              
     Permanent Fund Corporation; relating to regulations proposed and                               
     adopted by the Board of Trustees of the Alaska Permanent Fund                                  
     Corporation and providing procedures for the adoption of                                       
     regulations by the board; and providing for an effective date."                               
                                                                                                    
The report was signed by Representative Seaton, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Gardner, Lynn, Elkins, Ramras, Seaton                                                 
                                                                                                    
No recommendation (1):  Gatto                                                                       
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
                                                                                                    
HB 215 was referred to the Finance Committee.                                                       
                                                                                                    
HB 225                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     HOUSE BILL NO. 225                                                                             
     "An Act relating to medical examiners and medical death                                        
     examinations."                                                                                 
                                                                                                    

2005-04-13                     House Journal                      Page 1018
The report was signed by Representatives Meyer and Chenault, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (3):  Hawker, Foster, Meyer                                                                 
                                                                                                    
No recommendation (4):  Holm, Stoltze, Kelly, Chenault                                              
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Health & Social Services                                                         
                                                                                                    
HB 225 is on today's calendar.                                                                      
                                                                                                    
**The presence of Representative Anderson was noted.                                                
                                                                                                    
HB 231                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
     HOUSE BILL NO. 231                                                                             
     "An Act relating to the definition of 'municipality' for purposes of                           
     human services community matching grants."                                                     
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 231(CRA)                                                                 
     "An Act relating to the definition of 'municipality' for purposes of                           
     human services community matching grants; and providing for an                                 
     effective date."                                                                               
                                                                                                    
The report was signed by Representative Wilson, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Cissna, Gardner, Seaton, Wilson                                                       
                                                                                                    
No recommendation (1):  McGuire                                                                     
                                                                                                    
The following fiscal note(s) apply to CSHB 231(CRA):                                                
                                                                                                    
1.  Zero, Dept. of Commerce, Community, & Economic Development                                      
3.  Zero, Dept. of Health & Social Services                                                         
                                                                                                    

2005-04-13                     House Journal                      Page 1019
HB 231 was referred to the Finance Committee.                                                       
                                                                                                    
SB 87                                                                                             
The State Affairs Committee has considered:                                                         
                                                                                                    
     SENATE BILL NO. 87                                                                             
     "An Act relating to motor vehicle safety belt violations."                                     
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR SENATE BILL NO. 87(STA)                                                           
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative Seaton, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  Gruenberg                                                                             
                                                                                                    
Do not pass (4):  Gardner, Lynn, Gatto, Elkins                                                      
                                                                                                    
No recommendation (1):  Seaton                                                                      
                                                                                                    
The following fiscal note(s) apply to HCS SB 87(STA):                                               
                                                                                                    
1.  Zero, Dept. of Transportation & Public Facilities                                               
2.  Zero, Dept. of Law                                                                              
3.  Zero, Alaska Court System                                                                       
4.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
SB 87 was referred to the Judiciary Committee.                                                      
                                                                                                    
                      REPORTS OF SPECIAL COMMITTEES                                              
                                                                                                    
HB 252                                                                                            
The House Special Committee on Fisheries has considered:                                            
                                                                                                    
     HOUSE BILL NO. 252                                                                             
     "An Act providing for a sport fishing facility surcharge on sport                              
     fishing licenses; providing for the construction and renovation of                             
     state sport fishing facilities and for other projects beneficial to the                        

2005-04-13                     House Journal                      Page 1020
     sport fish resources of the state as a public enterprise; and                                  
     authorizing the issuance of revenue bonds to finance those                                     
     projects."                                                                                     
                                                                                                    
The report was signed by Representatives LeDoux and Thomas, Co-                                     
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (3):  Wilson, Elkins, Thomas                                                                
                                                                                                    
Do not pass (2):  Salmon, LeDoux                                                                    
                                                                                                    
No recommendation (1):  Harris                                                                      
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero. Dept. of Commerce, Community, & Economic Development                                      
2.  Fiscal, Dept. of Fish & Game                                                                    
3.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
HB 252 was referred to the Resources Committee.                                                     
                                                                                                    
                   CONSIDERATION OF THE DAILY CALENDAR                                           
                                                                                                    
                      SECOND READING OF HOUSE BILLS                                              
                                                                                                    
HB 83                                                                                             
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 83                                                                              
     "An Act relating to the Alaska Seismic Hazards Safety                                          
     Commission."                                                                                   
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 MLV RPT CS(MLV) NT 6DP                                                235                          
 FN1: ZERO(MVA)                                                        236                          
 FN2: ZERO(DNR)                                                        236                          
 STA RPT CS(MLV) NT 7DP                                                560                          
 FN1: ZERO(MVA)                                                        560                          
 FN2: ZERO(DNR)                                                        560                          

2005-04-13                     House Journal                      Page 1021
 FIN RPT CS(FIN) NT 6DP 4NR                                            927                          
 FN2: ZERO(DNR)                                                        927                          
 FN3: INDETERMINATE(MVA)                                               927                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     CS FOR HOUSE BILL NO. 83(FIN)                                                                  
     "An Act relating to the Alaska Seismic Hazards Safety                                          
     Commission; and providing for an effective date."                                              
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 83(FIN) be considered engrossed, advanced to third reading,                                    
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 83(FIN) was read the third time.                                                               
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 83(FIN) pass the House?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CSHB 83(FIN)                                                                                        
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  35   NAYS:  0   EXCUSED:  4   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Cissna, Coghill, Croft, Dahlstrom, Elkins,                               
Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker,                                
Holm, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire,                                        
Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels,                                     
Seaton, Stoltze, Thomas, Wilson                                                                     
                                                                                                    
Excused:  Berkowitz, Crawford, Joule, Kapsner                                                       
                                                                                                    
Absent:  Weyhrauch                                                                                  
                                                                                                    
And so, CSHB 83(FIN) passed the House.                                                              
                                                                                                    

2005-04-13                     House Journal                      Page 1022
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
CSHB 83(FIN) was referred to the Chief Clerk for engrossment.                                       
                                                                                                    
**The presence of Representative Weyhrauch was noted.                                               
                                                                                                    
HB 91                                                                                             
The Speaker stated that, without objection, the following would be                                  
moved to the bottom of the calendar:                                                                
                                                                                                    
     HOUSE BILL NO. 91                                                                              
     "An Act relating to indecent exposure."                                                        
                                                                                                    
                                                                                                    
HB 122                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 122                                                                             
     "An Act relating to payment of premiums for Servicemembers'                                    
     Group Life Insurance on behalf of members of the Alaska                                        
     National Guard deployed to a combat zone; and providing for an                                 
     effective date."                                                                               
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 MLV RPT CS(MLV) NT 6DP                                                688                          
 FN1: ZERO(CED)                                                        689                          
 FN2: INDETERMINATE(MVA)                                               689                          
 FN2: (MVA) CORRECTED                                                  720                          
 FIN RPT CS(FIN) NT 10DP 1NR                                           907                          
 FN1: ZERO(CED)                                                        907                          
 FN2: (MVA)                                                            907                          
 FN3: ZERO(EED)                                                        907                          
 FN4: (DFG)                                                            907                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    

2005-04-13                     House Journal                      Page 1023
     CS FOR HOUSE BILL NO. 122(FIN)                                                                 
     "An Act relating to certain relief concerning motor vehicle leases,                            
     telephone services, education, utilities, state loans, and hunting,                            
     fishing, and trapping licenses for members of the Alaska National                              
     Guard deployed to a combat zone; relating to reimbursement of                                  
     premiums for Servicemembers' Group Life Insurance paid by                                      
     members of the Alaska National Guard deployed to a combat                                      
     zone; and providing for an effective date."                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 122(FIN) be considered engrossed, advanced to third reading,                                   
and placed on final passage.                                                                        
                                                                                                    
Representative Kerttula objected.                                                                   
                                                                                                    
CSHB 122(FIN) will advance to third reading on tomorrow's calendar.                                 
                                                                                                    
HB 210                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 210                                                                             
     "An Act relating to blood testing of certain persons alleged to                                
     have committed certain offenses directed toward peace officers or                              
     emergency workers."                                                                            
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 JUD RPT CS(JUD) 6DP                                                   797                          
 FN1: ZERO(CRT)                                                        798                          
 FN2: ZERO(COR)                                                        798                          
 FN3: ZERO(LAW)                                                        798                          
 FN4: ZERO(DPS)                                                        798                          
 FIN RPT CS(JUD) 6DP 1NR                                             1016                           
 FN1: ZERO(CRT)                                                      1017                           
 FN2: ZERO(COR)                                                      1017                           
 FN3: ZERO(LAW)                                                      1017                           
 FN4: ZERO(DPS)                                                      1017                           
                                                                                                    

2005-04-13                     House Journal                      Page 1024
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     CS FOR HOUSE BILL NO. 210(JUD)                                                                 
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 210(JUD) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 210(JUD) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSHB 210(JUD) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 210(JUD)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  35   NAYS:  0   EXCUSED:  4   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Cissna, Coghill, Croft, Dahlstrom, Elkins,                               
Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker,                                
Holm, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire,                                        
Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels,                                     
Seaton, Stoltze, Thomas, Wilson                                                                     
                                                                                                    
Excused:  Berkowitz, Crawford, Joule, Kapsner                                                       
                                                                                                    
Absent:  Weyhrauch                                                                                  
                                                                                                    
And so, CSHB 210(JUD) passed the House and was referred to the                                      
Chief Clerk for engrossment.                                                                        
                                                                                                    
HB 225                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 225                                                                             
     "An Act relating to medical examiners and medical death                                        
     examinations."                                                                                 
                                                                                                    

2005-04-13                     House Journal                      Page 1025
with the:                                                    Journal Page                           
                                                                                                    
 HES RPT 5DP                                                           799                          
 FN1: ZERO(HSS)                                                        799                          
 FIN RPT 3DP 4NR                                                     1017                           
 FN1: ZERO(HSS)                                                      1018                           
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
HB 225 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
HB 225 was read the third time.                                                                     
                                                                                                    
The question being:  "Shall HB 225 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HB 225                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  35   NAYS:  0   EXCUSED:  4   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Cissna, Coghill, Croft, Dahlstrom, Elkins,                               
Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker,                                
Holm, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer,                                        
Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton,                                    
Stoltze, Thomas, Weyhrauch, Wilson                                                                  
                                                                                                    
Excused:  Berkowitz, Crawford, Joule, Kapsner                                                       
                                                                                                    
Absent:  Kelly                                                                                      
                                                                                                    
And so, HB 225 passed the House and was referred to the Chief Clerk                                 
for engrossment.                                                                                    
                                                                                                    
                                                                                                    
HB 230                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 230                                                                             
     "An Act authorizing the making of loans for upgrade of                                         
     commercial fishing tender vessels and gear."                                                   
                                                                                                    

2005-04-13                     House Journal                      Page 1026
with the:                                                    Journal Page                           
                                                                                                    
 FSH RPT 4DP 1NR                                                       801                          
 FN1: ZERO(CED)                                                        801                          
 RES RPT 7DP 2NR                                                       908                          
 FN1: ZERO(CED)                                                        909                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
HB 230 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
                                                                                                    
HB 230 was read the third time.                                                                     
                                                                                                    
Representative Seaton moved and asked unanimous consent that he be                                  
allowed to abstain from voting because of a conflict of interest.                                   
Objection was heard, and Representative Seaton was required to vote.                                
                                                                                                    
                                                                                                    
The question being:  "Shall HB 230 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HB 230                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  32   NAYS:  2   EXCUSED:  4   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Cissna, Croft, Dahlstrom, Elkins, Foster,                                
Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm,                                  
Kelly, Kerttula, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman,                                        
Olson, Ramras, Salmon, Samuels, Seaton, Stoltze, Thomas,                                            
Weyhrauch, Wilson                                                                                   
                                                                                                    
Nays:  Coghill, Kohring                                                                             
                                                                                                    
Excused:  Berkowitz, Crawford, Joule, Kapsner                                                       
                                                                                                    
Absent:  Moses, Rokeberg                                                                            
                                                                                                    
And so, HB 230 passed the House and was referred to the Chief Clerk                                 
for engrossment.                                                                                    
                                                                                                    

2005-04-13                     House Journal                      Page 1027
                       THIRD READING OF HOUSE BILLS                                              
                                                                                                    
HB 41                                                                                             
The following, which was advanced to third reading from the April 12,                               
2005, calendar (page 987), was read the third time:                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 41(FIN)                                                                  
     "An Act relating to minimum periods of imprisonment for the                                    
     crime of assault in the fourth degree committed against an                                     
     employee of an elementary, junior high, or secondary school or                                 
     certain contractors of school districts who were engaged in the                                
     performance of school duties at the time of the assault."                                      
                                                                                                    
Representative Gatto moved and asked unanimous consent that                                         
CSHB 41(FIN) be returned to second reading for the specific purpose                                 
of considering Amendment No. 1.  There being no objection, it was so                                
ordered.                                                                                            
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representative Gatto:                                                
                                                                                                    
Page 2, line 3, following "elementary,":                                                        
 Insert "middle school,"                                                                        
                                                                                                    
Representative Gatto moved and asked unanimous consent that                                         
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Gruenberg objected.                                                                  
                                                                                                    
                                                                                                    
Amendment to Amendment No. 1 was offered  by Representative                                          
Gruenberg:                                                                                          
                                                                                                    
Page 1, line 2, following "elementary," (title amendment):                                        
 Insert "middle school,"                                                                          
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment to Amendment No. 1 be adopted.  There being no                                            
objection, it was so ordered.                                                                       
                                                                                                    

2005-04-13                     House Journal                      Page 1028
There being no further objection, Amendment No. 1 as amended was                                    
adopted and the new title follows:                                                                  
                                                                                                    
     CS FOR HOUSE BILL NO. 41(FIN) am                                                               
     "An Act relating to minimum periods of imprisonment for the                                    
     crime of assault in the fourth degree committed against an                                     
     employee of an elementary, middle school, junior high, or                                      
     secondary school or certain contractors of school districts who                                
     were engaged in the performance of school duties at the time of                                
     the assault."                                                                                  
                                                                                                    
The question being:  "Shall CSHB 41(FIN) am pass the House?"  The                                   
roll was taken with the following result:                                                           
                                                                                                    
CSHB 41(FIN) am                                                                                     
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  32   NAYS:  0   EXCUSED:  4   ABSENT:  4                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Cissna, Coghill, Croft, Dahlstrom, Elkins,                               
Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker,                                
Holm, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer,                                        
Moses, Neuman, Ramras, Rokeberg, Seaton, Stoltze, Thomas,                                           
Weyhrauch, Wilson                                                                                   
                                                                                                    
Excused:  Berkowitz, Crawford, Joule, Kapsner                                                       
                                                                                                    
Absent:  Kelly, Olson, Salmon, Samuels                                                              
                                                                                                    
And so, CSHB 41(FIN) am passed the House and was referred to the                                    
Chief Clerk for engrossment.                                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Olson be excused from a call of the House until                                      
10:00 p.m., plane time, April 14, 2005.  There being no objection, it                               
was so ordered.                                                                                     
                                                                                                    
                                                                                                    
HB 149                                                                                            
The following, which was advanced to third reading from the April 13,                               
2005, calendar (page 994), was read the third time:                                                 
                                                                                                    

2005-04-13                     House Journal                      Page 1029
     CS FOR HOUSE BILL 149(FIN) am                                                                  
     "An Act relating to controlled substances; relating to the crimes of                           
     manslaughter, endangering the welfare of a child, and misconduct                               
     involving a controlled substance; relating to the manufacture of                               
     methamphetamine and to the sale, possession, and delivery of                                   
     certain substances and precursors used in the manufacture of                                   
     methamphetamine; relating to listing certain anabolic steroids as                              
     controlled substances; and providing for an effective date."                                   
                                                                                                    
Representative Ramras moved and asked unanimous consent that                                        
CSHB 149(FIN) am be returned to second reading for the specific                                     
purpose of considering Amendment No. 5.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    
                                                                                                    
Amendment No. 5 was offered  by Representative Ramras:                                               
                                                                                                    
Page 2, line 2:                                                                                     
 Delete "AS 11.71"                                                                              
 Insert "AS 11.71.010 - 11.71.030 or 11.71.040(a)(1) for schedule                               
IVA controlled substances"                                                                      
                                                                                                    
Representative Ramras moved and asked unanimous consent that                                        
Amendment No. 5 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 149(FIN) am pass the House?"  The                                  
roll was taken with the following result:                                                           
                                                                                                    
CSHB 149(FIN) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  33   NAYS:  0   EXCUSED:  5   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Cissna, Coghill, Croft, Dahlstrom, Elkins,                               
Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker,                                
Holm, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer,                                        
Moses, Neuman, Ramras, Rokeberg, Samuels, Seaton, Stoltze,                                          
Thomas, Weyhrauch, Wilson                                                                           
                                                                                                    

2005-04-13                     House Journal                      Page 1030
Excused:  Berkowitz, Crawford, Joule, Kapsner, Olson                                                
                                                                                                    
Absent:  Kelly, Salmon                                                                              
                                                                                                    
And so, CSHB 149(FIN) am passed the House.                                                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
CSHB 149(FIN) am was referred to the Chief Clerk for engrossment.                                   
                                                                                                    
                                                                                                    
                      SECOND READING OF HOUSE BILLS                                              
                               (continued)                                                         
                                                                                                    
HB 91                                                                                             
The following, which had been moved to the bottom of the calendar                                   
(page 1022), was read the second time:                                                              
                                                                                                    
         HOUSE BILL NO. 91                                                                          
         "An Act relating to indecent exposure."                                                    
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 JUD RPT 7DP                                                           745                          
 FN1: ZERO(ADM)                                                        746                          
 FN2: ZERO(CRT)                                                        746                          
 FN3: ZERO(LAW)                                                        746                          
 FIN RPT 5DP 2NR                                                       979                          
 FN1: ZERO(ADM)                                                        979                          
 FN2: ZERO(CRT)                                                        979                          
 FN3: ZERO(LAW)                                                        979                          
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representative Croft:                                                
                                                                                                    
                                                                                                    
Page 1, lines 3 - 11:                                                                               
 Delete all material and insert:                                                                    
"* Section 1.  AS 11.41.458(a) is amended to read:                                                

2005-04-13                     House Journal                      Page 1031
      (a)  An offender commits the crime of indecent exposure in                                    
     the first degree if [(1)] the offender violates AS 11.41.460(a), the                       
     offense occurs within the observation of a person under 16                                 
     years of age, and                                                                          
       (1)  [; (2)] while committing the act constituting the                                   
     offense, the offender knowingly masturbates; [AND (3)  THE                                     
     OFFENSE OCCURS WITHIN THE OBSERVATION OF A                                                     
     PERSON UNDER 16 YEARS OF AGE] or                                                           
       (2)  the offender has been previously convicted under                                    
           (A)  this section;                                                                   
           (B)  AS 11.41.460(a); or                                                             
           (C)  a law or ordinance of this or another                                           
         jurisdiction with elements similar to a crime listed under                             
         (A) or (B) of this paragraph."                                                         
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
Amendment No. 1 was adopted.                                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
HB 91 am be considered engrossed, advanced to third reading, and                                    
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
HB 91 am was read the third time.                                                                   
                                                                                                    
The question being:  "Shall HB 91 am pass the House?"  The roll was                                 
taken with the following result:                                                                    
                                                                                                    
HB 91 am                                                                                            
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  30   NAYS:  0   EXCUSED:  5   ABSENT:  5                                                   
                                                                                                    
Yeas:  Chenault, Cissna, Coghill, Croft, Dahlstrom, Foster, Gara,                                   
Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kelly,                                 
Kerttula, Kohring, Kott, LeDoux, Lynn, Meyer, Moses, Neuman,                                        
Ramras, Rokeberg, Samuels, Stoltze, Thomas, Weyhrauch, Wilson                                       
                                                                                                    

2005-04-13                     House Journal                      Page 1032
Excused:  Berkowitz, Crawford, Joule, Kapsner, Olson                                                
                                                                                                    
Absent:  Anderson, Elkins, McGuire, Salmon, Seaton                                                  
                                                                                                    
And so, HB 91 am passed the House and was referred to the Chief                                     
Clerk for engrossment.                                                                              
                                                                                                    
                                                                                                    
                             RECONSIDERATION                                                     
                                                                                                    
HB 131                                                                                            
Representative Kerttula brought up reconsideration of the vote on                                   
HB 131 (page 998).                                                                                  
                                                                                                    
The following was again before the House in third reading:                                          
                                                                                                    
     HOUSE BILL NO. 131                                                                             
     "An Act increasing the criminal classification of theft of an access                           
     device and of obtaining an access device or identification                                     
     documents by fraudulent means; increasing the criminal                                         
     classification for certain cases of fraudulent use of an access                                
     device; and providing for an effective date."                                                  
                                                                                                    
The question to be reconsidered:  "Shall HB 131 pass the House?"                                    
The roll was taken with the following result:                                                       
                                                                                                    
HB 131--RECONSIDERATION                                                                             
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  28   NAYS:  0   EXCUSED:  5   ABSENT:  7                                                   
                                                                                                    
Yeas:  Chenault, Cissna, Coghill, Croft, Dahlstrom, Foster, Gara,                                   
Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Kelly,                                       
Kerttula, Kohring, Kott, LeDoux, Lynn, Meyer, Neuman, Ramras,                                       
Rokeberg, Samuels, Stoltze, Thomas, Weyhrauch, Wilson                                               
                                                                                                    
Excused:  Berkowitz, Crawford, Joule, Kapsner, Olson                                                
                                                                                                    
Absent:  Anderson, Elkins, Holm, McGuire, Moses, Salmon, Seaton                                     
                                                                                                    
And so, HB 131 passed the House on reconsideration.                                                 
                                                                                                    

2005-04-13                     House Journal                      Page 1033
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
HB 131 was referred to the Chief Clerk for engrossment.                                             
                                                                                                    
                           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 Anderson - from 7:00 p.m., April 13 to 9:30 a.m.,                                    
plane time, April 18, 2005                                                                          
                                                                                                    
Representative Coghill - from 7:00 p.m., April 13 to 9:30 a.m., plane                               
time, April 18, 2005                                                                                
                                                                                                    
Representative McGuire - from 7:00 p.m., April 13 to 9:30 a.m., plane                               
time, April 18, 2005                                                                                
                                                                                                    
Representative Gatto - from 7:00 a.m., April 14 to 10:00 p.m., plane                                
time, April 17, 2005                                                                                
                                                                                                    
HJR 12                                                                                            
Representative Croft added his name as cosponsor to:                                                
                                                                                                    
     HOUSE JOINT RESOLUTION NO. 12                                                                  
     Proposing amendments to the Constitution of the State of Alaska                                
     relating to the repeal of the budget reserve fund.                                             
                                                                                                    
HB 16                                                                                             
Representative Anderson added his name as cosponsor to:                                             
                                                                                                    
     HOUSE BILL NO. 16                                                                              
     "An Act relating to funding for school districts operating                                     
     secondary school boarding programs and to funding for school                                   
     districts from which boarding students come; and providing for an                              
     effective date."                                                                               
                                                                                                    

2005-04-13                     House Journal                      Page 1034
HB 32                                                                                             
Representative Foster added his name as cosponsor to:                                               
                                                                                                    
     HOUSE BILL NO. 32                                                                              
     "An Act making a special appropriation for a grant to Arctic                                   
     Power to promote the opening of the Arctic National Wildlife                                   
     Refuge for oil and gas exploration and development; and                                        
     providing for an effective date."                                                              
                                                                                                    
HB 41                                                                                             
Representative Chenault added his name as cosponsor to:                                             
                                                                                                    
     CS FOR HOUSE BILL NO. 41(FIN) am                                                               
     "An Act relating to minimum periods of imprisonment for the                                    
     crime of assault in the fourth degree committed against an                                     
     employee of an elementary, middle school, junior high, or                                      
     secondary school or certain contractors of school districts who                                
     were engaged in the performance of school duties at the time of                                
     the assault."                                                                                  
                                                                                                    
HB 91                                                                                             
Representatives Gardner and Croft added their names as cosponsors                                   
to:                                                                                                 
                                                                                                    
     HOUSE BILL NO. 91 am                                                                           
     "An Act relating to indecent exposure."                                                        
                                                                                                    
HB 122                                                                                            
Representatives Chenault, Croft, Olson, and McGuire added their                                     
names as cosponsors to:                                                                             
                                                                                                    
     CS FOR HOUSE BILL NO. 122(FIN)                                                                 
     "An Act relating to certain relief concerning motor vehicle leases,                            
     telephone services, education, utilities, state loans, and hunting,                            
     fishing, and trapping licenses for members of the Alaska National                              
     Guard deployed to a combat zone; relating to reimbursement of                                  
     premiums for Servicemembers' Group Life Insurance paid by                                      
     members of the Alaska National Guard deployed to a combat                                      
     zone; and providing for an effective date."                                                    
                                                                                                    

2005-04-13                     House Journal                      Page 1035
HB 149                                                                                            
Representative Croft added his name as cosponsor to:                                                
                                                                                                    
         CS FOR HOUSE BILL NO. 149(FIN) am                                                          
         "An Act relating to controlled substances; relating to the                                 
         crimes of manslaughter, endangering the welfare of a child,                                
         and misconduct involving a controlled substance; relating to                               
         the manufacture of methamphetamine and to the sale,                                        
         possession, and delivery of certain substances and precursors                              
         used in the manufacture of methamphetamine; relating to                                    
         listing certain anabolic steroids as controlled substances; and                            
         providing for an effective date."                                                          
                                                                                                    
                                                                                                    
HB 210                                                                                            
Representatives Hawker, Stoltze, Chenault, and Anderson added their                                 
names as cosponsors to:                                                                             
                                                                                                    
     CS FOR HOUSE BILL NO. 210(JUD)                                                                 
     "An Act relating to blood testing of certain persons alleged to                                
     have committed certain offenses directed toward peace officers or                              
     emergency workers."                                                                            
                                                                                                    
                                                                                                    
HB 225                                                                                            
Representatives Hawker, Anderson, and Neuman added their names as                                   
cosponsors to:                                                                                      
                                                                                                    
     HOUSE BILL NO. 225                                                                             
     "An Act relating to medical examiners and medical death                                        
     examinations."                                                                                 
                                                                                                    
                                                                                                    
HB 230                                                                                            
Representative Kerttula added her name as cosponsor to:                                             
                                                                                                    
     HOUSE BILL NO. 230                                                                             
     "An Act authorizing the making of loans for upgrade of                                         
     commercial fishing tender vessels and gear."                                                   
                                                                                                    

2005-04-13                     House Journal                      Page 1036
                               ENGROSSMENT                                                       
                                                                                                    
HB 41                                                                                             
CSHB 41(FIN) am was engrossed and signed by the Speaker and                                         
Chief Clerk.                                                                                        
                                                                                                    
HB 83                                                                                             
CSHB 83(FIN) was engrossed, signed by the Speaker and Chief Clerk                                   
and transmitted to the Senate for consideration.                                                    
                                                                                                    
                                                                                                    
HB 91                                                                                             
HB 91 am was engrossed, signed by the Speaker and Chief Clerk and                                   
transmitted to the Senate for consideration.                                                        
                                                                                                    
HB 131                                                                                            
HB 131 was engrossed, signed by the Speaker and Chief Clerk and                                     
transmitted to the Senate for consideration.                                                        
                                                                                                    
HB 149                                                                                            
CSHB 149(FIN) am was engrossed, signed by the Speaker and Chief                                     
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
                                                                                                    
HB 184                                                                                            
Reconsideration of the following was not taken up on this legislative                               
day.  It was engrossed, signed by the Speaker and Chief Clerk and                                   
transmitted to the Senate for consideration:                                                        
                                                                                                    
     HOUSE BILL NO. 184 am                                                                          
     "An Act relating to firearms."                                                                 
                                                                                                    
HB 210                                                                                            
CSHB 210(JUD) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HB 225                                                                                            
HB 225 was engrossed, signed by the Speaker and Chief Clerk and                                     
transmitted to the Senate for consideration.                                                        
                                                                                                    

2005-04-13                     House Journal                      Page 1037
HB 230                                                                                            
HB 230 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 10:00 a.m., April 14, 2005.  There being no                                     
objection, the House adjourned at 12:29 p.m.                                                        
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk