Legislature(2005 - 2006)

2005-04-26 House Journal

Full Journal pdf

2005-04-26                     House Journal                      Page 1269
                                                                                                    
                              HOUSE JOURNAL                                                      
                                                                                                    
                         ALASKA STATE LEGISLATURE                                                
                                                                                                    
                TWENTY-FOURTH LEGISLATURE - FIRST SESSION                                        
                                                                                                    
Juneau, Alaska                    Tuesday                  April 26, 2005                         
                                                                                                    
                         One Hundred Seventh Day                                               
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 10:12 a.m.                                                                                
                                                                                                    
Roll call showed 33 members present.  Representatives Seaton and                                    
Stoltze had been previously excused from a call of the House today.                                 
Representative Kerttula had been previously excused from a call of the                              
House to noon today and her presence was noted later.                                               
Representatives Berkowitz, Kohring, and Kott were absent and their                                  
presence was noted later.                                                                           
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Kapsner be excused from a call of the House to noon                                  
today.  There being no objection, it was so ordered.  Her presence was                              
noted later.                                                                                        
                                                                                                    
The invocation was offered by the Chaplain, Father Anastasius Iwuoha                                
of the Cathedral of the Nativity.  Representative McGuire moved and                                 
asked unanimous consent that the invocation be spread on the journal.                               
There being no objection, it was so ordered.                                                        
                                                                                                    
     God, our heavenly Father, today we present before You all the                                  
     leaders of this country and our state of Alaska.  We pray for                                  
     our president, the governor of Alaska, and all elected officials,                              
     especially members of this legislative body.  May Your spirit                                  
     of wisdom guide them as they uphold justice and fairness and                                   
     work for the good of all under their care.  Grant them courage                                 
     and perseverance in times of difficulties and give them                                        
     patience and compassion as they look after the weary and                                       
     weak.  May Your blessing and presence abide with us in                                         
      today's session, and I make this prayer in Jesus' name.  Amen.                               
                                                                                                    

2005-04-26                     House Journal                      Page 1270
The Pledge of Allegiance was led by Representative Moses.                                           
                                                                                                    
                       CERTIFICATION OF THE JOURNAL                                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 106th legislative day be approved as certified by the                               
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                                * * * * *                                                        
                                                                                                    
Representative Lynn introduced Jesslin Wooliver, Guest Page, from                                   
Anchorage.                                                                                          
                                                                                                    
**The presence of Representative Berkowitz was noted.                                               
                                                                                                    
                         MESSAGES FROM THE SENATE                                                
                                                                                                    
A message dated April 25, 2005, was read stating the Senate has                                     
passed the following and they are transmitted for consideration:                                    
                                                                                                    
                       FIRST READING AND REFERENCE                                               
                          OF SENATE RESOLUTIONS                                                  
                                                                                                    
SJR 11                                                                                            
SENATE JOINT RESOLUTION NO. 11 by Senator Therriault:                                               
                                                                                                    
     Urging the United States Congress to amend the tax code to repeal                              
     the federal excise tax on communications.                                                      
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                       FIRST READING AND REFERENCE                                               
                             OF SENATE BILLS                                                     
                                                                                                    
SB 172                                                                                            
SENATE BILL NO. 172 by Senator Therriault, entitled:                                                
                                                                                                    
     "An Act relating to the presentation of initiatives and referenda on                           
     the ballot."                                                                                   
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         

2005-04-26                     House Journal                      Page 1271
                                                                                                    
                      REPORTS OF STANDING COMMITTEES                                             
                                                                                                    
The Judiciary Committee has reviewed the qualifications of the                                      
following and recommends the appointments be forwarded to a joint                                   
session for consideration:                                                                          
                                                                                                    
                             Ms. Ethel Staton                                                      
                                                                                                    
as a member of the Commission on Judicial Conduct.                                                  
                                                                                                    
                      Ms. Christena (Tena) Williams                                                
                                                                                                    
as a member of the Alaska Judicial Council.                                                         
                                                                                                    
                        Mr. LeRoy J. Barker, Esq.                                                  
                                                                                                    
as a member of the Violent Crimes Compensation Board.                                               
                                                                                                    
The reports were signed by Representative McGuire, Chair; and                                       
Representatives Kott, Anderson, Dahlstrom, and Gara.                                                
                                                                                                    
                                                                                                    
HCR 9                                                                                             
The Resources Committee has considered:                                                             
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 9                                                              
     Proclaiming Alaska Agriculture Day for 2005 and 2006.                                          
                                                                                                    
The report was signed by Representatives Samuels and Ramras, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (6):  Kapsner, Gatto, Elkins, LeDoux, Samuels, Ramras                                       
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Legislative Agency                                                                        
                                                                                                    
HCR 9 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    

2005-04-26                     House Journal                      Page 1272
HJR 12                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
     HOUSE JOINT RESOLUTION NO. 12                                                                  
     Proposing amendments to the Constitution of the State of Alaska                                
     relating to the repeal of the budget reserve fund.                                             
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE JOINT RESOLUTION NO. 12(W&M)                                                      
     Proposing amendments to the Constitution of the State of Alaska                                
     relating to the capital construction permanent fund and to the                                 
     repeal of the budget reserve fund.                                                             
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Kott, Anderson, Dahlstrom, McGuire                                                    
                                                                                                    
No recommendation (2):  Gruenberg, Coghill                                                          
                                                                                                    
Amend (1):  Gara                                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHJR 12(W&M):                                                
                                                                                                    
1.  Fiscal, Dept. of Revenue                                                                        
2.  Fiscal, Office of the Governor                                                                  
                                                                                                    
HJR 12 was referred to the Finance Committee.                                                       
                                                                                                    
                                                                                                    
HB 26                                                                                             
The Finance Committee has considered:                                                               
                                                                                                    
     HOUSE BILL NO. 26                                                                              
     "An Act relating to short-term commercial fishing crewmember                                   
     licenses; and providing for an effective date."                                                
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    

2005-04-26                     House Journal                      Page 1273
     CS FOR HOUSE BILL NO. 26(FIN)                                                                  
     (same title)                                                                                   
                                                                                                    
The report was signed by Representatives Meyer and Chenault, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (7):  Hawker, Holm, Moses, Kelly, Foster, Meyer, Chenault                                   
                                                                                                    
No recommendation (1):  Joule                                                                       
                                                                                                    
The following fiscal note(s) apply to CSHB 26(FIN):                                                 
                                                                                                    
1.  Fiscal, Dept. of Fish & Game                                                                    
2.  Indeterminate, Dept. of Labor & Workforce Development                                           
                                                                                                    
HB 26 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
HB 92                                                                                             
The Judiciary Committee has considered:                                                             
                                                                                                    
     HOUSE BILL NO. 92                                                                              
     "An Act relating to the purchase of interests in corporations,                                 
     including limited liability companies, by the University of                                    
     Alaska."                                                                                       
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 92(JUD)                                                                  
     "An Act relating to the purchase of interests in nonprofit                                     
     corporations by the University of Alaska."                                                     
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  McGuire                                                                               
                                                                                                    
No recommendation (6):  Kott, Gruenberg, Anderson, Dahlstrom,                                       
Coghill, Gara                                                                                       
                                                                                                    

2005-04-26                     House Journal                      Page 1274
The following fiscal note(s) apply to CSHB 92(JUD):                                                 
                                                                                                    
1.  Zero, University of Alaska                                                                      
                                                                                                    
HB 92 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 157                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 157                                                      
     "An Act clarifying the powers of electric or telephone                                         
     cooperatives to become members of or own stock in other                                        
     entities."                                                                                     
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                   
     157(L&C)                                                                                       
     "An Act clarifying the powers of electric cooperatives to become                               
     members of or own stock in other entities."                                                    
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  Anderson                                                                              
                                                                                                    
No recommendation (5):  Lynn, Kott, LeDoux, Guttenberg, Rokeberg                                    
                                                                                                    
The following fiscal note(s) apply to CSSSHB 157(L&C):                                              
                                                                                                    
1.  Zero, Dept. of Commerce, Community, & Economic Development                                      
2.  Indeterminate, Dept. of Revenue                                                                 
                                                                                                    
SSHB 157 was referred to the Finance Committee.                                                     
                                                                                                    
HB 167                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    

2005-04-26                     House Journal                      Page 1275
     HOUSE BILL NO. 167                                                                             
     "An Act relating to providing a death certificate for a deceased                               
     veteran without cost."                                                                         
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 167(STA)                                                                 
     "An Act relating to providing a death certificate for a deceased                               
     veteran without cost; and relating to a program to honor the                                   
     memory of a deceased veteran."                                                                 
                                                                                                    
The report was signed by Representatives Meyer and Chenault, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (6):  Hawker, Moses, Weyhrauch, Foster, Meyer, Chenault                                     
                                                                                                    
No recommendation (3):  Holm, Joule, Kelly                                                          
                                                                                                    
The following fiscal note(s) apply to CSHB 167(STA):                                                
                                                                                                    
1.  Zero, Dept. of Military & Veterans' Affairs                                                     
3.  Zero, House Finance Committee/Dept. of Health & Social Services                                 
                                                                                                    
HB 167 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
**The presence of Representative Kott was noted.                                                    
                                                                                                    
HB 193                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
     HOUSE BILL NO. 193                                                                             
     "An Act relating to the licensing, regulation, enforcement, and                                
     appeal rights of ambulatory surgical centers, assisted living                                  
     homes, child care facilities, child placement agencies, foster                                 
     homes, free-standing birth centers, home health agencies, hospices                             
     or agencies providing hospice services, hospitals, intermediate                                
     care facilities for the mentally retarded, maternity homes, nursing                            
     facilities, residential child care facilities, residential psychiatric                         
     treatment centers, and rural health clinics; relating to criminal                              

2005-04-26                     House Journal                      Page 1276
     history requirements, and a registry, regarding certain licenses,                              
     certifications, approvals, and authorizations by the Department of                             
     Health and Social Services; making conforming amendments; and                                  
     providing for an effective date."                                                              
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 193(HES)                                                                 
     "An Act relating to the licensing, regulation, enforcement, and                                
     appeal rights of ambulatory surgical centers, assisted living                                  
     homes, child care facilities, child placement agencies, foster                                 
     homes, free-standing birth centers, home health agencies, hospices                             
     or agencies providing hospice services or operating hospice                                    
     programs, hospitals, intermediate care facilities for the mentally                             
     retarded, maternity homes, nursing facilities, residential child care                          
     facilities, residential psychiatric treatment centers, runaway                                 
     shelters, and rural health clinics; relating to criminal history                               
     requirements, and a registry, regarding certain licenses,                                      
     certifications, approvals, and authorizations by the Department of                             
     Health and Social Services; expanding reimbursable services                                    
     under Medicaid waivers for older Alaskans and adults with                                      
     disabilities to include adult companion services; making                                       
       conforming amendments; and providing for an effective date."                                
                                                                                                    
The report was signed by Representative Wilson, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  Cissna                                                                                
                                                                                                    
No recommendation (3):  Gardner, Anderson, McGuire                                                  
                                                                                                    
Amend (2):  Kohring, Wilson                                                                         
                                                                                                    
The following fiscal note(s) apply to CSHB 193(HES):                                                
                                                                                                    
1.  Zero, Dept. of Health & Social Services                                                         
2.  Fiscal, Dept. of Law                                                                            
3.  Fiscal, Dept. of Health & Social Services                                                       
                                                                                                    
HB 193 was referred to the Judiciary Committee.                                                     
                                                                                                    

2005-04-26                     House Journal                      Page 1277
HB 213                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     HOUSE BILL NO. 213                                                                             
     "An Act relating to alcohol server education."                                                 
                                                                                                    
The report was signed by Representatives Meyer and Chenault, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (6):  Hawker, Holm, Weyhrauch, Foster, Meyer, Chenault                                      
                                                                                                    
No recommendation (2):  Joule, Kelly                                                                
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
HB 213 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 217                                                                                            
The Community & Regional Affairs Committee has considered:                                          
                                                                                                    
     HOUSE BILL NO. 217                                                                             
     "An Act relating to the determination of full and true value of                                
     taxable municipal property for purposes of calculating funding for                             
     education and certain other programs."                                                         
                                                                                                    
The report was signed by Representatives Thomas and Olson, Co-                                      
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (1):  Thomas                                                                                
                                                                                                    
No recommendation (6):  LeDoux, Salmon, Cissna, Neuman, Kott,                                       
Olson                                                                                               
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Commerce, Community, & Economic Development                                      
                                                                                                    

2005-04-26                     House Journal                      Page 1278
HB 217 was referred to the Finance Committee.                                                       
                                                                                                    
HB 249                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     HOUSE BILL NO. 249                                                                             
     "An Act relating to enhanced 911 surcharges imposed by a                                       
     municipality."                                                                                 
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 249(L&C)                                                                 
     "An Act relating to enhanced 911 systems and enhanced 911                                      
     surcharges imposed by a municipality, public municipal                                         
     corporation, or village."                                                                      
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Lynn, Anderson                                                                        
                                                                                                    
No recommendation (4):  Crawford, LeDoux, Guttenberg, Rokeberg                                      
                                                                                                    
The following fiscal note(s) apply to CSHB 249(L&C):                                                
                                                                                                    
1.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
HB 249 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 266                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
     HOUSE BILL NO. 266                                                                             
     "An Act relating to offenses and penalties for violation of vehicle                            
     weight limitations; prohibiting the use of a violation of a vehicle                            
     weight limitation for certain personal automobile insurance                                    
     actions; amending Rule 43.6, Alaska Rules of Administration; and                               
     providing for an effective date."                                                              
                                                                                                    

2005-04-26                     House Journal                      Page 1279
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 266(TRA)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  Gara                                                                                  
                                                                                                    
No recommendation (4):  Kott, Dahlstrom, Gruenberg, McGuire                                         
                                                                                                    
Amend (1):  Anderson                                                                                
                                                                                                    
The following fiscal note(s) apply to CSHB 266(TRA):                                                
                                                                                                    
1.  Zero, Dept. of Commerce, Community, & Economic Development                                      
2.  Zero, Dept. of Transportation & Public Facilities                                               
3.  Indeterminate, Dept. of Law                                                                     
                                                                                                    
HB 266 was referred to the Finance Committee.                                                       
                                                                                                    
HB 269                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
     HOUSE BILL NO. 269                                                                             
     "An Act relating to contribution actions relating to the release of a                          
     hazardous substance; and providing for an effective date."                                     
                                                                                                    
The report was signed by Representative Ramras, Co-chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Olson, LeDoux, Elkins, Ramras                                                         
                                                                                                    
No recommendation (2):  Gatto, Crawford                                                             
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Environmental Conservation                                                       
2.  Zero, Dept. of Law                                                                              
                                                                                                    

2005-04-26                     House Journal                      Page 1280
HB 269 was referred to the Judiciary Committee.                                                     
                                                                                                    
HB 279                                                                                            
The Transportation Committee has considered:                                                        
                                                                                                    
     HOUSE BILL NO. 279                                                                             
     "An Act relating to encroachments in the right-of-way of a                                     
     highway."                                                                                      
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 279(TRA)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representatives Gatto and Elkins, Co-chairs,                               
with the following individual recommendations:                                                      
                                                                                                    
Do pass (6):  Kapsner, Thomas, Neuman, Kohring, Gatto, Elkins                                       
                                                                                                    
The following fiscal note(s) apply to CSHB 279(TRA):                                                
                                                                                                    
1.  Zero, House Transportation Committee/Dept. of Transportation &                                  
Public Facilities                                                                                   
                                                                                                    
HB 279 was referred to the Finance Committee.                                                       
                                                                                                    
SB 87                                                                                             
The Judiciary 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(JUD)                                                           
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    

2005-04-26                     House Journal                      Page 1281
Do pass (2):  Gruenberg, McGuire                                                                    
                                                                                                    
Do not pass (2):  Kott, Dahlstrom                                                                   
                                                                                                    
No recommendation (2):  Gara, Coghill                                                               
                                                                                                    
The following fiscal note(s) apply to HCS SB 87(JUD):                                               
                                                                                                    
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 Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
SB 139                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     CS FOR SENATE BILL NO. 139(L&C)                                                                
     "An Act relating to termination and oversight of boards,                                       
     commissions, and agency programs; extending the termination                                    
     date of the Board of Marital and Family Therapy; and providing                                 
     for an effective date."                                                                        
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 139(L&C)                                                   
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  Anderson                                                                              
                                                                                                    
No recommendation (6):  Crawford, Lynn, Kott, LeDoux, Rokeberg,                                     
Guttenberg                                                                                          
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 139(L&C):                                            
                                                                                                    

2005-04-26                     House Journal                      Page 1282
1. Fiscal, Dept. of Commerce, Community, & Economic Development                                     
                                                                                                    
CSSB 139(L&C) was referred to the Finance Committee.                                                
                                                                                                    
**The presence of Representative Kohring was noted.                                                 
                                                                                                    
SB 140                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     CS FOR SENATE BILL NO. 140(JUD)                                                                
     "An Act relating to spyware and unsolicited Internet advertising."                             
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Lynn, Anderson                                                                        
                                                                                                    
No recommendation (5): Crawford, Kott, LeDoux, Rokeberg,                                            
Guttenberg                                                                                          
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Administration                                                                   
2.  Zero, Dept. of Law                                                                              
3.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
CSSB 140(JUD) was referred to the Judiciary Committee.                                              
                                                                                                    
SB 143                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 143(STA)                                                                
     "An Act amending the definition of the term 'state agencies' as it                             
     applies under Executive Order No. 113; relating to information                                 
     systems in the legislative branch and to the Telecommunications                                
     Information Council; and providing for an effective date."                                     
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    

2005-04-26                     House Journal                      Page 1283
Do pass (5):  Kott, Anderson, Dahlstrom, Gara, McGuire                                              
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Administration                                                                   
                                                                                                    
CSSB 143(STA) was referred to the Rules Committee for placement                                     
on the calendar.                                                                                    
                                                                                                    
**The presence of Representative Kapsner was noted.                                                 
                                                                                                    
                        INTRODUCTION OF CITATIONS                                                
                                                                                                    
The following citation was introduced and referred to the Rules                                     
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Ruth Bauer Bohms                                                                         
By Representative Guttenberg                                                                        
                                                                                                    
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                           OF HOUSE RESOLUTIONS                                                  
                                                                                                    
HCR 12                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 12 by the House                                                     
Community and Regional Affairs Committee:                                                           
                                                                                                    
     Relating to the Joint Rural Assessment Task Force.                                             
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs Committee.                                                                                  
                                                                                                    
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                              OF HOUSE BILLS                                                     
                                                                                                    
HB 286                                                                                            
HOUSE BILL NO. 286 by Representative Samuels, entitled:                                             
                                                                                                    
     "An Act amending the manner of determining the royalty received                                
     by the state on gas production by directing the commissioner of                                
     natural resources to accept, under certain circumstances, the                                  

2005-04-26                     House Journal                      Page 1284
     transfer price of the gas if established by transfer price order of the                        
     Regulatory Commission of Alaska; and providing for an effective                                
     date."                                                                                         
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Oil & Gas and the Labor & Commerce Committee.                                                       
                                                                                                    
                   CONSIDERATION OF THE DAILY CALENDAR                                           
                                                                                                    
                      SECOND READING OF HOUSE BILLS                                              
                                                                                                    
HB 94                                                                                             
The following was read the second time:                                                             
                                                                                                    
     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                                 
     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."                                               
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 STA RPT CS(STA) NT 3DP 2NR                                            661                          
 FN1: ZERO(GOV)                                                        662                          
 JUD RPT CS(JUD) NT 1DP 4NR 1AM                                      1013                           
 FN2: (GOV)                                                          1014                           
 FIN RPT CS(FIN) NT 3DP 4NR 1AM                                      1182                           
 FN3: (GOV)                                                          1183                           
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    

2005-04-26                     House Journal                      Page 1285
     CS FOR HOUSE BILL NO. 94(FIN)                                                                  
     "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."                            
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representative Guttenberg:                                           
                                                                                                    
Page 8, line 4:                                                                                     
 Delete "Voters unaffiliated with a political party."                                             
 Insert "Political party affiliation.  (a)  A voter registration                                  
application form must include space for the voter to indicate the                                   
voter's affiliation with a political party or group, or identify the voter                          
as "nonpartisan" or "undeclared."                                                                   
      (b)  The division, voter registration agency, or other person                                 
     designing or supplying a voter registration application form may                               
     not design or mark the application in a manner that suggests                                   
     choice of one party over another, except that the names of political                           
     parties recognized by the division under AS 15.60.008 may be                                   
     listed on the application form in the order specified by the                                   
     division.                                                                                      
      (c)  Only the voter or a person designated or authorized by the                               
     voter in a written power of attorney may indicate an affiliation or                            
     make an identification under (a) of this section on that voter's                               
     voter registration application form.                                                           
      (d)"                                                                                          
                                                                                                    
Page 12, line 17, following "application":                                                          
 Insert "Only the voter or the individual designated by the voter                               
in a written power of attorney under this subsection may mark the                               
voter's choice of party affiliation or primary ballot on an                                     
application.  A person supplying an absentee ballot application                                 
form may not design or mark the application in a manner that                                    

2005-04-26                     House Journal                      Page 1286
suggests choice of one party or ballot over another, except that                                
party affiliation and ballot choices may be listed on an application                            
as authorized by the division."                                                                 
                                                                                                    
Representative Guttenberg moved and asked unanimous consent that                                    
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Coghill objected.                                                                    
                                                                                                    
**The presence of Representative Kerttula was noted.                                                
                                                                                                    
The Speaker stated that, without objection, CSHB 94(FIN) will be                                    
held in second reading with Amendment No. 1 pending to tomorrow's                                   
calendar.                                                                                           
                                                                                                    
                      SECOND READING OF SENATE BILLS                                             
                                                                                                    
SB 93                                                                                             
The following was read the second time:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 93(FIN)                                                                 
     "An Act relating to commercial fishing permit and vessel license                               
     fees; and providing for an effective date."                                                    
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 FIN RPT HCS(FIN) 6DP 2NR                                            1158                           
 FN3: (DFG)                                                          1158                           
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 93(FIN)                                                    
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
HCS CSSB 93(FIN) be considered engrossed, advanced to third                                         
reading, and placed on final passage.                                                               
                                                                                                    

2005-04-26                     House Journal                      Page 1287
Representative Berkowitz objected.                                                                  
                                                                                                    
HCS CSSB 93(FIN) will advance to third reading on tomorrow's                                        
calendar.                                                                                           
                                                                                                    
                                                                                                    
                       THIRD READING OF HOUSE BILLS                                              
                                                                                                    
HB 216                                                                                            
The following, which was advanced to third reading from the April 25,                               
2005, calendar (page 1259), was read the third time:                                                
                                                                                                    
     CS FOR HOUSE BILL NO. 216(L&C)                                                                 
     "An Act relating to insurance rate-making and form filing."                                    
                                                                                                    
Amendment No. 1 (title amendment) was offered by Representative                                     
Berkowitz:                                                                                          
                                                                                                    
Page 1, line 1:                                                                                     
 Delete "insurance rate-making and form filing"                                                   
 Insert "policy forms and rates that require filing; requiring the                                
filing of certain rates, rating schedules, loss cost adjustments, and                             
rating plans with the director of the division of insurance;                                      
establishing a procedure for the director of the division of                                      
insurance to obtain additional supporting information from an                                     
insurer for a filing; relating to an application for a rate other than                            
that in an applicable rate filing; requiring prior approval for                                   
certain rating systems and the procedure for approving a filing;                                  
providing for the issuance of orders relating to nonconforming                                    
filings after a hearing; relating to the regulation of joint                                      
underwriting and joint reinsurance; relating to flex rating;                                      
relating to file and use, filing of rates, supplementary rate                                     
information, and supporting information; authorizing the director                                 
of the division of insurance to require prior approval; relating to                               
form filing subject to prior approval and form filing subject to file                             
and use; and providing for penalties relating to file and use"                                    
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    

2005-04-26                     House Journal                      Page 1288
Representative Rokeberg objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 216(L&C)                                                                                       
Third Reading                                                                                       
Amendment No. 1 (title amendment)                                                                   
                                                                                                    
YEAS:  22   NAYS:  16   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner,                                
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Joule, Kapsner,                                       
Kerttula, Kott, LeDoux, Lynn, Meyer, Moses, Salmon, Wilson                                          
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Elkins, Foster, Holm, Kelly,                                    
Kohring, McGuire, Neuman, Olson, Ramras, Rokeberg, Samuels,                                         
Thomas, Weyhrauch                                                                                   
                                                                                                    
Excused:  Seaton, Stoltze                                                                           
                                                                                                    
And so, Amendment No. 1 was adopted and the new title follows:                                      
                                                                                                    
     CS FOR HOUSE BILL NO. 216(L&C)(title am)                                                       
     "An Act relating to policy forms and rates that require filing;                                
     requiring the filing of certain rates, rating schedules, loss cost                             
     adjustments, and rating plans with the director of the division of                             
     insurance; establishing a procedure for the director of the division                           
     of insurance to obtain additional supporting information from an                               
     insurer for a filing; relating to an application for a rate other than                         
     that in an applicable rate filing; requiring prior approval for                                
     certain rating systems and the procedure for approving a filing;                               
     providing for the issuance of orders relating to nonconforming                                 
     filings after a hearing; relating to the regulation of joint                                   
     underwriting and joint reinsurance; relating to flex rating; relating                          
     to file and use, filing of rates, supplementary rate information, and                          
     supporting information; authorizing the director of the division of                            
     insurance to require prior approval; relating to form filing subject                           
     to prior approval and form filing subject to file and use; and                                 
     providing for penalties relating to file and use."                                             
                                                                                                    
The question being:  "Shall CSHB 216(L&C)(title am) pass the                                        
House?"  The roll was taken with the following result:                                              

2005-04-26                     House Journal                      Page 1289
                                                                                                    
CSHB 216(L&C)(title am)                                                                             
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  32   NAYS:  3   EXCUSED:  2   ABSENT:  3                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Dahlstrom,                                   
Elkins, Foster, Gardner, Gatto, Guttenberg, Harris, Hawker, Holm,                                   
Joule, Kapsner, Kelly, Kohring, Kott, LeDoux, Lynn, McGuire,                                        
Meyer, Moses, Neuman, Olson, Rokeberg, Salmon, Samuels, Thomas,                                     
Weyhrauch, Wilson                                                                                   
                                                                                                    
Nays:  Gara, Gruenberg, Kerttula                                                                    
                                                                                                    
Excused:  Seaton, Stoltze                                                                           
                                                                                                    
Absent:  Chenault, Croft, Ramras                                                                    
                                                                                                    
And so, CSHB 216(L&C)(title am) passed the House.                                                   
                                                                                                    
Representative Gruenberg gave notice of reconsideration of the vote                                 
on CSHB 216(L&C)(title am).                                                                         
                                                                                                    
                           UNFINISHED BUSINESS                                                   
                                                                                                    
HB 71                                                                                             
The Speaker stated that, without objection, reconsideration of the                                  
following, which had been held to today (page 1262), will be held to                                
April 27, 2005:                                                                                     
                                                                                                    
     CS FOR HOUSE BILL NO. 71(FIN)                                                                  
     "An Act extending and amending the requirements applicable to                                  
     the credit that may be claimed for certain oil and gas exploration                             
     expenses incurred in Cook Inlet against oil and gas properties                                 
     production (severance) taxes, and amending the credit against                                  
     those taxes for certain exploration expenditures from leases or                                
     properties in the state; and providing for an effective date."                                 
                                                                                                    
HJR 11                                                                                            
The Speaker added a House Special Committee on Ways & Means                                         
Committee referral to precede the State Affairs Committee referral for                              
the following:                                                                                      
                                                                                                    

2005-04-26                     House Journal                      Page 1290
     HOUSE JOINT RESOLUTION NO. 11                                                                  
     Proposing amendments to the Constitution of the State of Alaska                                
     relating to and limiting appropriations from and inflation-proofing                            
     the Alaska permanent fund by establishing a percent of market                                  
     value spending limit.                                                                          
                                                                                                    
HJR 11 was removed from the State Affairs Committee and referred to                                 
the House Special Committee on Ways & Means with further referrals                                  
to the State Affairs, Judiciary, and Finance Committees.                                            
                                                                                                    
                                                                                                    
HJR 12                                                                                            
Representative Anderson 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 92                                                                                             
Representative Holm added his name as cosponsor to:                                                 
                                                                                                    
     HOUSE BILL NO. 92                                                                              
     "An Act relating to the purchase of interests in corporations,                                 
     including limited liability companies, by the University of                                    
     Alaska."                                                                                       
                                                                                                    
                                                                                                    
HB 273                                                                                            
Representative Gara removed his name as cosponsor to:                                               
                                                                                                    
     HOUSE BILL NO. 273                                                                             
     "An Act relating to the dividends of individuals claiming                                      
     allowable absences; and providing for an effective date."                                      
                                                                                                    
                                                                                                    
SB 129                                                                                            
Representatives Anderson and McGuire added their names as cross                                     
sponsors to:                                                                                        
                                                                                                    

2005-04-26                     House Journal                      Page 1291
     CS FOR SENATE BILL NO. 129(JUD)                                                                
     "An Act relating to the wrongful recording of a notice of                                      
     pendency of an action relating to title to or right to possession of                           
     real property."                                                                                
                                                                                                    
                              ANNOUNCEMENTS                                                      
                                                                                                    
With the appointment of a Conference Committee on the operating                                     
budget, Rule 23(d) of the Uniform Rules is in effect as of April 19,                                
2005.  Submit written notice of a meeting by 4:00 p.m. to the Chief                                 
Clerk's office for publication in the next day's committee schedule.                                
                                                                                                    
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 27, 2005.  There being no                                     
objection, the House adjourned at 11:37 a.m.                                                        
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk