Legislature(2005 - 2006)

2005-04-27 House Journal

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2005-04-27                     House Journal                      Page 1293
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
               TWENTY-FOURTH LEGISLATURE - FIRST SESSION                                         
                                                                                                    
Juneau, Alaska                  Wednesday                 April 27, 2005                          
                                                                                                    
                        One Hundred Eighth Day                                                 
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 10:16 a.m.                                                                                
                                                                                                    
Roll call showed 24 members present.  Representatives Seaton and                                    
Stoltze had been previously excused from a call of the House today.                                 
Representatives Berkowitz, Cissna, Crawford, Croft, Gara, Gardner,                                  
Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Moses, Ramras, and                                 
Salmon were absent and their presence was noted later.                                              
                                                                                                    
The invocation was offered by the Chaplain, Father Anastasius Iwuoha                                
of the Cathedral of the Nativity.  Representative LeDoux moved and                                  
asked unanimous consent that the invocation be spread on the journal.                               
There being no objection, it was so ordered.                                                        
                                                                                                    
    With the deepest respect for the religious beliefs of all                                       
    Alaskans, I offer the following prayer.                                                         
                                                                                                    
    Lord God, be present with us today as we ask You to bless all                                   
    the institutions that sustain this great nation and our richly                                  
    blessed state of Alaska.  We lift up before You the members                                     
    of this body - all who make our laws and help us to keep                                        
    them.  May our laws continue to reflect Your will and help us                                   
    to live in harmony with You and one another.  Bless and                                         
    protect all who provide special services, especially the                                        
    members of our military, police, and firefighters.  Keep them                                   
    safe in their efforts to protect us.  May our service for this                                  
    nation and for the good of others win us Your favor and keep                                    
    us in the path of eternal life.  I make these prayers through                                   
    Christ our Lord.  Amen.                                                                         
                                                                                                    

2005-04-27                     House Journal                      Page 1294
The Pledge of Allegiance was led by Representative Anderson.                                        
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 107th legislative day be approved as certified by the                               
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                       MESSAGES FROM THE SENATE                                                  
                                                                                                    
A message dated April 26, 2005, was read stating the Senate has                                     
passed the following and it is transmitted for consideration:                                       
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                            OF SENATE BILLS                                                      
                                                                                                    
SB 150                                                                                            
CS FOR SENATE BILL NO. 150(HES) by the Senate Health,                                               
Education and Social Services Committee, entitled:                                                  
                                                                                                    
    "An Act relating to the Alaska children's trust grant awards."                                 
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Finance Committees.                                                                    
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
The Health, Education & Social Services Committee has reviewed the                                  
qualifications of the following and recommends the appointment be                                   
forwarded to a joint session for consideration:                                                     
                                                                                                    
                           Mr. Jacob Gondek                                                        
                                                                                                    
as a member of the University of Alaska Board of Regents.                                           
                                                                                                    
The report was signed by Representative Wilson, Chair; and                                          
Representatives Cissna, Gardner, and Anderson.                                                      
                                                                                                    
HCR 11                                                                                            
The Health, Education & Social Services Committee has considered:                                   

2005-04-27                     House Journal                      Page 1295
    HOUSE CONCURRENT RESOLUTION NO. 11                                                              
    Proclaiming July 24, 2005, as Parents' Day.                                                     
                                                                                                    
The report was signed by Representative Wilson, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Cissna, Gardner, Anderson, Wilson                                                     
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Legislative Agency                                                                        
                                                                                                    
HCR 11 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HJR 3                                                                                             
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 3                                                                    
    Proposing amendments to the Constitution of the State of Alaska                                 
    relating to appropriations from the budget reserve fund.                                        
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Anderson, McGuire                                                                     
                                                                                                    
Do not pass (1):  Gara                                                                              
                                                                                                    
No recommendation (4):  Kott, Gruenberg, Dahlstrom, Coghill                                         
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Office of the Governor                                                                  
                                                                                                    
HJR 3 was referred to the Finance Committee.                                                        
                                                                                                    
HJR 19                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    

2005-04-27                     House Journal                      Page 1296
    HOUSE JOINT RESOLUTION NO. 19                                                                   
    Proposing amendments to the Constitution of the State of Alaska                                 
    relating to and limiting appropriations from the Alaska permanent                               
    fund based on an averaged percent of the fund market value.                                     
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Kott, Coghill, McGuire                                                                
                                                                                                    
Do not pass (1):  Dahlstrom                                                                         
                                                                                                    
No recommendation (2):  Gruenberg, Gara                                                             
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
2.  Fiscal, Office of the Governor                                                                  
                                                                                                    
HJR 19 was referred to the Finance Committee.                                                       
                                                                                                    
HJR 20                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 20                                                                   
    Urging the United States Congress and the United States Food and                                
    Drug Administration to assist in the prompt approval of new drug                                
    applications for the treatment of prostate cancer.                                              
                                                                                                    
The report was signed by Representative Wilson, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Cissna, Gardner, Anderson, Wilson                                                     
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Legislative Agency                                                                        
                                                                                                    
HJR 20 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    

2005-04-27                     House Journal                      Page 1297
HB 272                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 272                                                                              
    "An Act relating to card rooms and card operations."                                            
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 272(JUD)                                                                  
    "An Act allowing certain municipalities to adopt ordinances                                     
    allowing card rooms and card operations."                                                       
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Kott, Anderson                                                                        
                                                                                                    
Do not pass (1):  Dahlstrom                                                                         
                                                                                                    
No recommendation (3):  Gruenberg, Gara, McGuire                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 272(JUD):                                                
                                                                                                    
1.  Indeterminate, Dept. of Revenue                                                                 
                                                                                                    
HB 272 was referred to the Finance Committee.                                                       
                                                                                                    
SB 129                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    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."                                                                                 
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Kott, Anderson, Dahlstrom, Coghill, McGuire                                           
                                                                                                    
No recommendation (1):  Gara                                                                        
                                                                                                    

2005-04-27                     House Journal                      Page 1298
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Alaska Court System                                                                       
2.  Zero, Dept. of Law                                                                              
                                                                                                    
CSSB 129(JUD) was referred to the Rules Committee for placement                                     
on the calendar.                                                                                    
                                                                                                    
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Manuel Dunham, Winner of Boys & Girls Club Youth of                                      
the Year                                                                                            
By Representative Holm; Senator Wilken                                                              
                                                                                                    
Honoring - Ray Collins                                                                              
By Representative Salmon                                                                            
                                                                                                    
Honoring - Angelene Bunde                                                                           
By Representatives McGuire, Dahlstrom                                                               
                                                                                                    
Honoring - Vig & Holdal Families in Alaska                                                          
By Representative Elkins                                                                            
                                                                                                    
Honoring - Ira Perman for His Commitment to Bringing Alaska                                         
History to Our Schools                                                                              
By Senator Gary Stevens                                                                             
                                                                                                    
Honoring - Caroline Kleineick                                                                       
By Senator Gary Stevens; Representative Seaton                                                      
                                                                                                    
In Memoriam - Verlin L. "Bud" Olson                                                                 
By Representative Seaton                                                                            
                                                                                                    
In Memoriam - Elvan "Al" Neil Courtney                                                              
By Representative Rokeberg                                                                          
                                                                                                    

2005-04-27                     House Journal                      Page 1299
In Memoriam - Carroll Rainey                                                                        
By Representatives Elkins, Anderson                                                                 
                                                                                                    
In Memoriam - Velma Ruth Edens                                                                      
By Senator Gary Stevens; Representative Seaton                                                      
                                                                                                    
In Memoriam - Dolly Spencer                                                                         
By Senator Gary Stevens; Representative Seaton                                                      
                                                                                                    
In Memoriam - Elizabeth Werner                                                                      
By Senator Gary Stevens; Representative Seaton                                                      
                                                                                                    
In Memoriam - George Sharrock                                                                       
By Senator Ellis; Representative Gara                                                               
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                            OF HOUSE BILLS                                                       
                                                                                                    
HB 287                                                                                            
HOUSE BILL NO. 287 by Representatives Lynn, Coghill, Chenault,                                      
and Kohring, entitled:                                                                              
                                                                                                    
    "An Act amending the certificate of need requirements to apply                                  
    only to health care facilities and nursing homes located in a                                   
    borough with a population of not more than 25,000, in the                                       
    unorganized borough, or in a community with a critical access                                   
    hospital."                                                                                      
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services, Labor & Commerce, and Finance Committees.                                                 
                                                                                                    
**The presence of Representatives Joule, Kapsner, Moses, Gardner,                                   
Crawford, and Guttenberg was noted.                                                                 
                                                                                                    
                            RECONSIDERATION                                                      
                                                                                                    
HB 216                                                                                            
Representative Anderson brought up reconsideration of the vote on                                   
CSHB 216(L&C)(title am) (page 1288).                                                                
                                                                                                    

2005-04-27                     House Journal                      Page 1300
The following was again before the House in third reading:                                          
                                                                                                    
    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 presence of Representatives Berkowitz, Cissna, Gruenberg,                                     
Ramras, Gara, Croft, and Kerttula was noted.                                                        
                                                                                                    
                                                                                                    
The question to be reconsidered:  "Shall CSHB 216(L&C)(title am)                                    
pass the House?"  The roll was taken with the following result:                                     
                                                                                                    
CSHB 216(L&C)(title am)--RECONSIDERATION                                                            
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  2   ABSENT:  2                                                   
                                                                                                    
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg,                                  
Guttenberg, Harris, Hawker, Holm, Joule, Kelly, Kerttula, Kohring,                                  
Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson,                                           
Ramras, Rokeberg, Samuels, Thomas, Weyhrauch, Wilson                                                
                                                                                                    
Excused:  Seaton, Stoltze                                                                           
                                                                                                    

2005-04-27                     House Journal                      Page 1301
Absent:  Kapsner, Salmon                                                                            
                                                                                                    
And so, CSHB 216(L&C)(title am) passed the House on                                                 
reconsideration and was referred to the Chief Clerk for engrossment.                                
                                                                                                    
**The presence of Representative Salmon was noted.                                                  
                                                                                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 26                                                                                             
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 26                                                                               
    "An Act relating to short-term commercial fishing crewmember                                    
    licenses; and providing for an effective date."                                                 
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 FSH RPT CS(FSH) 4DP 1NR                                              329                           
 FN1: (DFG)                                                           329                           
 FN2: INDETERMINATE(LWF)                                              329                           
 RES RPT CS(RES) 7DP 2NR                                              461                           
 FN1: (DFG)                                                           461                           
 FN2: INDETERMINATE(LWF)                                              461                           
 FIN RPT CS(FIN) 7DP 1NR                                             1272                           
 FN1: (DFG)                                                          1273                           
 FN2: INDETERMINATE(LWF)                                             1273                           
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    CS FOR HOUSE BILL NO. 26(FIN)                                                                   
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    

2005-04-27                     House Journal                      Page 1302
Representative Coghill moved and asked unanimous consent that                                       
CSHB 26(FIN) be considered engrossed, advanced to third reading,                                    
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 26(FIN) was read the third time.                                                               
                                                                                                    
The question being:  "Shall CSHB 26(FIN) pass the House?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CSHB 26(FIN)                                                                                        
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  1   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg,                                  
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula,                                  
Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman,                                         
Olson, Ramras, Rokeberg, Salmon, Samuels, Thomas, Wilson                                            
                                                                                                    
Nays:  Weyhrauch                                                                                    
                                                                                                    
Excused:  Seaton, Stoltze                                                                           
                                                                                                    
And so, CSHB 26(FIN) passed the House.                                                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
Representative Weyhrauch gave notice of reconsideration of the vote                                 
on CSHB 26(FIN).                                                                                    
                                                                                                    
HB 147                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 147                                                                              
    "An Act relating to the regulation of insurance, insurance                                      
    licensing, surplus lines, insurer deposits, motor vehicle service                               
    contracts, guaranteed automobile protection products, health                                    
    discount plans, third-party administrators, self-funded multiple                                

2005-04-27                     House Journal                      Page 1303
    employer welfare arrangements, and self-funded governmental                                     
    plans; and providing for an effective date."                                                    
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 L&C RPT CS(L&C) NT 1DP 5NR                                           796                           
 FN2: ZERO(CED)                                                       797                           
 FIN RPT CS(FIN) NT 3DP 6NR                                          1099                           
 FN2: ZERO(CED)                                                      1099                           
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    CS FOR HOUSE BILL NO. 147(FIN)                                                                  
    "An Act relating to the regulation of insurance, insurance                                      
    licensing, surplus lines, insurer deposits, owner controlled and                                
    contractor controlled insurance programs, health discount plans,                                
    third-party administrators, and self-funded multiple employer                                   
    welfare arrangements; and providing for an effective date."                                     
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representatives Kott and Rokeberg:                                   
                                                                                                    
Page 13, line 17:                                                                                   
 Delete "states or implies"                                                                     
 Insert "misrepresents"                                                                         
                                                                                                    
Page 15, line 22, following "made":                                                                 
 Insert ", except for a nominal processing fee,"                                                    
                                                                                                    
                                                                                                    
Representative Kott moved and asked unanimous consent that                                          
Amendment No. 1 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
                                                                                                    
Amendment No. 2 was offered  by Representative Cissna:                                               
                                                                                                    

2005-04-27                     House Journal                      Page 1304
Page 17, following line 29:                                                                         
 Insert a new bill section to read:                                                                 
   "* Sec. 35.  The uncodified law of the State of Alaska is amended by                         
adding a new section to read:                                                                       
 COMPREHENSIVE STATEWIDE STUDY.  The Division of                                                    
Insurance will conduct a comprehensive statewide study to identify the                              
drivers of the increasing cost of health insurance, including but not                               
limited to the economic effects of cost-shifting in medical care and                                
insurance, and to identify the economic impact of the rising cost of                                
health insurance in Alaska."                                                                        
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Representative Cissna moved and asked unanimous consent that                                        
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 147(FIN) am                                                                                    
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  19   NAYS:  19   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gardner, Gatto,                                    
Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, LeDoux, Moses,                                     
Neuman, Salmon, Thomas, Weyhrauch, Wilson                                                           
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Elkins, Foster, Harris,                              
Hawker, Holm, Kelly, Kohring, Kott, Lynn, McGuire, Meyer, Olson,                                    
Ramras, Rokeberg, Samuels                                                                           
                                                                                                    
Excused:  Seaton, Stoltze                                                                           
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
                                                                                                    
Amendment No. 3 (title amendment) was offered by Representative                                     
Berkowitz:                                                                                          
                                                                                                    

2005-04-27                     House Journal                      Page 1305
Page 1, lines 1 - 4:                                                                                
 Delete "the regulation of insurance, insurance licensing,                                        
surplus lines, insurer deposits, owner controlled and contractor                                  
controlled insurance programs, health discount plans, third-party                                 
administrators, and self-funded multiple employer welfare                                         
arrangements"                                                                                     
 Insert "insurance other than workers' compensation insurance;                                    
notice of suspension or revocation of an insurer's certificate of                                 
authority and the effect of the suspension or revocation upon the                                 
authority of agents and managing general agents of the insurer;                                   
relating to certain deposits under AS 21; relating to the yielding of                             
assets and securities held on deposit; relating to third-party                                    
administrators under AS 21; relating to insurance agents,                                         
managing general agents, reinsurance intermediary managers,                                       
and insurance producers; requiring the director of insurance to                                   
notify a licensee of a license renewal before the renewal date;                                   
defining the term 'appointment' as used in part of AS 21; relating                                
to the eligibility to provide coverage by a nonadmitted insurer and                               
alien insurer; relating to surplus lines insurance and brokers;                                   
relating to misrepresentations and false advertising concerning                                   
insurance; relating to health discount plans; providing for                                       
limitations on owner controlled and contractor controlled                                         
insurance programs and limiting the coverage of those programs;                                   
prohibiting excessive, inadequate, or unfairly discriminatory rate                                
charges for health insurance; defining the term 'plan                                             
administrator' as used in part of AS 21; defining the term                                        
'transact' as used in AS 21; authorizing the director of insurance                                
to designate a person to receive annual reports from companies;                                   
reducing the period for filing a quarterly financial statement;"                                  
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Coghill objected.                                                                    
                                                                                                    
Representative Rokeberg placed a call of the House and lifted the call.                             
                                                                                                    
Representative Berkowitz moved and asked unanimous consent to                                       
withdraw Amendment No. 3.  There being no objection, it was so                                      
ordered.                                                                                            
                                                                                                    

2005-04-27                     House Journal                      Page 1306
Representative Coghill moved and asked unanimous consent that                                       
CSHB 147(FIN) am be considered engrossed, advanced to third                                         
reading, and placed on final passage.                                                               
                                                                                                    
There was objection.                                                                                
                                                                                                    
CSHB 147(FIN) am will advance to third reading on tomorrow's                                        
calendar.                                                                                           
                                                                                                    
HB 187                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 187                                                                              
    "An Act establishing the Alaska capital income account within the                               
    Alaska permanent fund; relating to deposits into the account;                                   
    relating to certain transfers regarding the Amerada Hess                                        
    settlement to offset the effects of inflation on the Alaska                                     
    permanent fund; and providing for an effective date."                                           
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 JUD RPT 2DP 1DNP 1NR                                                 730                           
 FN1: ZERO(REV)                                                       731                           
 FIN RPT CS(FIN) NT 2DP 6NR                                          1255                           
 FN1: ZERO(REV)                                                      1255                           
                                                                                                    
The Rules Committee submitted the following updated fiscal note:                                    
                                                                                                    
2.  Zero, Dept. of Revenue                                                                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    CS FOR HOUSE BILL NO. 187(FIN)                                                                  
    "An Act relating to money deposited into the Alaska permanent                                   
    fund as a result of the settlement of State v. Amerada Hess;                                    
    relating to the Alaska capital income fund and to deposits of                                   
    income from State v. Amerada Hess settlement money into the                                     
    Alaska capital income fund; and providing for an effective date."                               
                                                                                                    

2005-04-27                     House Journal                      Page 1307
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 187(FIN) be considered engrossed, advanced to third reading,                                   
and placed on final passage.                                                                        
                                                                                                    
There was objection.                                                                                
                                                                                                    
CSHB 187(FIN) will advance to third reading on tomorrow's calendar.                                 
                                                                                                    
                                                                                                    
                     HOUSE BILLS IN SECOND READING                                               
                                                                                                    
HB 94                                                                                             
The following, which had been held in second reading to today's                                     
calendar (page 1286), was again before the House with Amendment                                     
No. 1 moved and pending (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."                             
                                                                                                    
Representative Guttenberg moved and asked unanimous consent to                                      
withdraw Amendment No. 1.  There being no objection, it was so                                      
ordered.                                                                                            
                                                                                                    
                                                                                                    
New Amendment No. 1 was offered  by Representative Guttenberg:                                       
                                                                                                    
Page 6, following line 20:                                                                          
 Insert a new bill section to read:                                                                 
"* Sec. 5.  AS 15.07.050 is amended by adding new subsections to                                  
read:                                                                                               

2005-04-27                     House Journal                      Page 1308
     (b)  Except as provided in (c) of this section, only the voter or                              
    the individual authorized by the voter in a written power of                                    
    attorney under (a) of this section may mark the voter's choice of                               
    party affiliation on the voter registration application form.                                   
     (c)  A person may supply a voter registration application form                                 
    with a political party or group affiliation indicated to a voter only                           
    if the voter is already registered as affiliated with the political                             
    party or group indicated."                                                                      
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
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                                    
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."                                                                 
                                                                                                    
Page 33, line 18:                                                                                   
 Delete "secs. 29 - 52"                                                                             
 Insert "secs. 30 - 53"                                                                             
                                                                                                    
Representative Guttenberg moved and asked unanimous consent that                                    
New Amendment No. 1 be adopted.                                                                     
                                                                                                    
Representative Coghill objected.                                                                    
                                                                                                    
                                                                                                    
Amendment to New Amendment No. 1 was offered  by Representative                                      
Croft:                                                                                              
                                                                                                    
Under Page 12, line 17:                                                                             
 Delete "party affiliation or"                                                                  
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment to New Amendment No. 1 be adopted.                                                        
                                                                                                    

2005-04-27                     House Journal                      Page 1309
There was objection.                                                                                
                                                                                                    
Representative Coghill placed a call of the House and lifted the call.                              
                                                                                                    
The Speaker stated that, without objection, CSHB 94(FIN) will be                                    
held in second reading with Amendment to New Amendment No. 1                                        
pending to tomorrow's calendar.                                                                     
                                                                                                    
                     THIRD READING OF SENATE BILLS                                               
                                                                                                    
SB 93                                                                                             
The following, which was advanced to third reading from the April 26,                               
2005, calendar (page 1287), was read the third time:                                                
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 93(FIN)                                                     
    "An Act relating to commercial fishing permit and vessel license                                
    fees; and providing for an effective date."                                                     
                                                                                                    
The question being:  "Shall HCS CSSB 93(FIN) pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
HCS CSSB 93(FIN)                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg,                                  
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula,                                  
Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman,                                         
Olson, Ramras, Rokeberg, Salmon, Samuels, Thomas, Weyhrauch,                                        
Wilson                                                                                              
                                                                                                    
Excused:  Seaton, Stoltze                                                                           
                                                                                                    
And so, HCS CSSB 93(FIN) passed the House.                                                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    

2005-04-27                     House Journal                      Page 1310
HCS CSSB 93(FIN) was referred to the Chief Clerk for engrossment.                                   
                                                                                                    
                                                                                                    
                  SECOND READING OF HOUSE RESOLUTIONS                                            
                                                                                                    
HCR 9                                                                                             
The following was read the second time:                                                             
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 9                                                               
    Proclaiming Alaska Agriculture Day for 2005 and 2006.                                           
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 RES RPT 6DP                                                         1271                           
 FN1: ZERO(LEG)                                                      1271                           
                                                                                                    
Representative Holm moved and asked unanimous consent that he be                                    
allowed to abstain from voting because of a conflict of interest.                                   
Objection was heard, and Representative Holm was required to vote.                                  
                                                                                                    
                                                                                                    
The question being:  "Shall HCR 9 pass the House?"  The roll was                                    
taken with the following result:                                                                    
                                                                                                    
HCR 9                                                                                               
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg,                                  
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula,                                  
Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman,                                         
Olson, Ramras, Rokeberg, Salmon, Samuels, Thomas, Weyhrauch,                                        
Wilson                                                                                              
                                                                                                    
Excused:  Seaton, Stoltze                                                                           
                                                                                                    
And so, HCR 9 passed the House and was referred to the Chief Clerk                                  
for engrossment.                                                                                    
                                                                                                    

2005-04-27                     House Journal                      Page 1311
                         LEGISLATIVE CITATIONS                                                   
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citation on the calendar.  There being no objection,                              
the following citation was approved and sent to enrolling:                                          
                                                                                                    
                                                                                                    
Honoring - Ruth Bauer Bohms                                                                         
By Representatives Guttenberg, Harris, Anderson, Berkowitz,                                         
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara,                                
Gardner, Gruenberg, Hawker, Joule, Kapsner, Kelly, Kerttula, Kott,                                  
LeDoux, McGuire, Meyer, Neuman, Olson, Ramras, Salmon,                                              
Samuels, Thomas, Wilson                                                                             
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HB 71                                                                                             
The Speaker stated that, without objection, reconsideration of the                                  
following, which had been held to today (page 1289), will be held to                                
April 28, 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."                                  
                                                                                                    
HCR 9                                                                                             
Representatives Holm, Kerttula, and Dahlstrom added their names as                                  
cosponsors to:                                                                                      
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 9                                                               
    Proclaiming Alaska Agriculture Day for 2005 and 2006.                                           
                                                                                                    
HCR 11                                                                                            
Representatives Wilson, Kerttula, LeDoux, Meyer, Salmon, Gara,                                      
Guttenberg, Berkowitz, Ramras, and Chenault added their names as                                    
cosponsors to:                                                                                      
                                                                                                    

2005-04-27                     House Journal                      Page 1312
    HOUSE CONCURRENT RESOLUTION NO. 11                                                              
    Proclaiming July 24, 2005, as Parents' Day.                                                     
                                                                                                    
HJR 9                                                                                             
Representative Gardner added her name as cosponsor to:                                              
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 9 am                                                                 
    Urging the United States Congress to honor the process and                                      
    judgment of the federal courts in the case of the Exxon Valdez                                  
    disaster and to refrain from enacting legislation that would affect                             
    the outcome of the courts' resolution of the case.                                              
                                                                                                    
HB 101                                                                                            
Representative Kelly added his name as cosponsor to:                                                
                                                                                                    
    HOUSE BILL NO. 101                                                                              
    "An Act relating to sex trafficking and tourism."                                               
                                                                                                    
                                                                                                    
HB 233                                                                                            
Representative Wilson added her name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 233                                                                              
    "An Act relating to preventing harassment, intimidation, or                                     
   bullying in public schools; and providing for an effective date."                               
                                                                                                    
HB 249                                                                                            
Representative Dahlstrom added her name as cosponsor to:                                            
                                                                                                    
    HOUSE BILL NO. 249                                                                              
    "An Act relating to enhanced 911 surcharges imposed by a                                        
    municipality."                                                                                  
                                                                                                    
                                                                                                    
HB 273                                                                                            
Representative Dahlstrom added her 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."                                       

2005-04-27                     House Journal                      Page 1313
SJR 11                                                                                            
Representative Kohring added his name as cross sponsor to:                                          
                                                                                                    
    SENATE JOINT RESOLUTION NO. 11                                                                  
    Urging the United States Congress to amend the tax code to repeal                               
    the federal excise tax on communications.                                                       
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HCR 9                                                                                             
HCR 9 was engrossed, signed by the Speaker and Chief Clerk and                                      
transmitted to the Senate for consideration.                                                        
                                                                                                    
HB 216                                                                                            
CSHB 216(L&C)(title am) was engrossed, signed by the Speaker and                                    
Chief Clerk and transmitted to the Senate for consideration.                                        
                                                                                                    
SB 93                                                                                             
HCS CSSB 93(FIN) was engrossed, signed by the Speaker and Chief                                     
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
                             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 28, 2005.  There being no                                     
objection, the House adjourned at 12:37 p.m.                                                        
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk