Legislature(2005 - 2006)
2005-05-02 House Journal
Full Journal pdf2005-05-02 House Journal Page 1415 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE - FIRST SESSION Juneau, Alaska Monday May 2, 2005 One Hundred Thirteenth Day Pursuant to adjournment the House was called to order by Speaker Harris at 11:15 a.m. Roll call showed 33 members present. Representatives Anderson, Crawford, Gara, Kerttula, Kohring, Rokeberg, and Weyhrauch were absent and their presence was noted later. The invocation was offered by the Chaplain, the Reverend George Silides of Holy Trinity Episcopal Church. Representative Coghill moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. In deepest respect for the religious beliefs of each person here, I invite you into a time of prayer and reflection. Let us pray. With gratitude for the opportunity of this day and the service of the gentlefolk here gathered, I pray: O God, our heavenly Father, You have blessed us and given us responsibility for all the earth. Increase our respect for the mystery of life, and give us new knowledge into Your purposes for the human race, and new wisdom and determination for making provision for our future according to Your will, for You have so linked our lives with one another that all we do affects, for good or ill, all other lives. So guide us in the work we do, that we may do it not for ourselves alone, but for the common good. Make us mindful of the dreams of others, and arouse our concern for those who are out of work - for You are merciful - that we might learn mercy. Help us to remember the homeless, the poor, the old and the sick, and all those who 2005-05-02 House Journal Page 1416 have none to care for them. Help us to put in place the means to heal those who are broken in body or spirit and to help turn their sorrow into joy. A blessing upon this day and this legislature, I pray. Amen. The Pledge of Allegiance was led by Representative Neuman. CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 111th and 112th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HCR 7 A message dated May 1, 2005, was read stating the Senate has passed: CS FOR HOUSE CONCURRENT RESOLUTION NO. 7(RES) Urging the governor to direct the division of oil and gas, Department of Natural Resources, to undertake a comprehensive review of the subject of Cook Inlet oil and gas platform abandonment for the purpose of developing new oil and gas platform abandonment regulations and their adoption and implementation. CSHCR 7(RES) was referred to the Chief Clerk for enrollment. **The presence of Representative Crawford was noted. REPORTS OF STANDING COMMITTEES HB 13 The Finance Committee has considered: HOUSE BILL NO. 13 "An Act relating to reimbursement of municipal bonds for school construction; and providing for an effective date." 2005-05-02 House Journal Page 1417 and recommends it be replaced with: CS FOR HOUSE BILL NO. 13(FIN) "An Act relating to reimbursement of municipal bonds for school construction; relating to school funding and adjusting the district cost factors; and providing for an effective date." The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (6): Joule, Weyhrauch, Croft, Moses, Foster, Chenault No recommendation (4): Hawker, Holm, Kelly, Meyer The following fiscal note(s) apply to CSHB 13(FIN): 1. Indeterminate, Dept. of Education & Early Development 2. Fiscal, Dept. of Education & Early Development HB 13 was referred to the Rules Committee for placement on the calendar. HB 271 The Labor & Commerce Committee has considered: HOUSE BILL NO. 271 "An Act relating to limitations on overtime for registered nurses in health care facilities; and providing for an effective date." The report was signed by Representative Anderson, Chair, with the following individual recommendations: Do pass (4): Crawford, Lynn, Guttenberg, Anderson No recommendation (3): LeDoux, Rokeberg, Kott The following fiscal note(s) apply: 1. Zero, Dept. of Commerce, Community, & Economic Development 2. Fiscal, Dept. of Health & Social Services 2005-05-02 House Journal Page 1418 HB 271 was referred to the Health, Education & Social Services Committee. HB 286 The Labor & Commerce Committee has considered: HOUSE BILL NO. 286 "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 transfer price of the gas if established by transfer price order of the Regulatory Commission of Alaska; and providing for an effective date." The report was signed by Representative Anderson, Chair, with the following individual recommendations: Do pass (5): Crawford, Lynn, Kott, Rokeberg, Anderson No recommendation (2): LeDoux, Guttenberg The following fiscal note(s) apply: 1. Zero, Dept. of Commerce, Community, & Economic Development HB 286 was referred to the Rules Committee for placement on the calendar. SB 67 The Finance Committee submitted the following report to correct the report submitted on April 28, 2005, (page 1324) for: CS FOR SENATE BILL NO. 67(JUD)(efd fld) "An Act relating to claims for personal injury or wrongful death against health care providers." and recommends it be replaced with: 2005-05-02 House Journal Page 1419 HOUSE CS FOR CS FOR SENATE BILL NO. 67(FIN) (same title) The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (3): Foster, Hawker, Kelly Do not pass (1): Croft No recommendation (5): Moses, Weyhrauch, Joule, Meyer, Chenault The following fiscal note(s) apply to HCS CSSB 67(FIN): 1. Zero, Dept. of Law 2. Zero, Dept. of Commerce, Community, & Economic Development 3. Indeterminate, Dept. of Health & Social Services CSSB 67(JUD)(efd fld) is in the Rules Committee. SB 137 The Labor & Commerce Committee has considered: SENATE BILL NO. 137 "An Act providing that an institution providing accommodations exempt from the provisions of the Uniform Residential Landlord and Tenant Act may evict tenants without resorting to court proceedings under AS 09.45.060 - 09.45.160." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 137(L&C) "An Act providing that the University of Alaska may evict a tenant from student housing that is exempt from the provisions of the Uniform Residential Landlord and Tenant Act without resorting to court proceedings under AS 09.45.060 - 09.45.160." (pending title change resolution) 2005-05-02 House Journal Page 1420 The report was signed by Representative Anderson, Chair, with the following individual recommendations: Do pass (3): Lynn, Kott, Rokeberg No recommendation (4): Crawford, LeDoux, Guttenberg, Anderson The following fiscal note(s) apply to HCS SB 137(L&C): 1. Zero, Dept. of Law SB 137 was referred to the Judiciary Committee. **The presence of Representative Anderson was noted. SB 141 The Finance Committee has considered: CS FOR SENATE BILL NO. 141(FIN) "An Act relating to the teachers' and public employees' retirement systems and creating defined contribution and health reimbursement plans for members of the teachers' retirement system and the public employees' retirement system who are first hired after July 1, 2005; relating to university retirement programs; establishing the Alaska Retirement Management Board to replace the Alaska State Pension Investment Board, the Alaska Teachers' Retirement Board, and the Public Employees' Retirement Board; adding appeals of the decisions of the administrator of the teachers' and public employees' retirement systems to the jurisdiction of the office of administrative hearings; providing for nonvested members of the teachers' retirement system defined benefit plans to transfer into the teachers' retirement system defined contribution plan and for nonvested members of the public employees' retirement system defined benefit plans to transfer into the public employees' retirement system defined contribution plan; providing for political subdivisions and public organizations to request to participate in the public employees' defined contribution retirement plan; and providing for an effective date." 2005-05-02 House Journal Page 1421 and recommends it be replaced with a forthcoming House Finance Committee substitute. The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (2): Kelly, Foster No recommendation (5): Joule, Stoltze, Moses, Meyer, Chenault Amend (2): Hawker, Weyhrauch The following fiscal note(s) apply to HCS CSSB 141(FIN): 1. Fiscal, Dept. of Administration 3. Fiscal, Dept. of Revenue 4. Fiscal, Dept. of Revenue 5. Fiscal, Dept. of Revenue 6. Fiscal, Dept. of Revenue 7. Fiscal, Dept. of Revenue 9. Zero, House Finance Committee/Dept. of Administration 10. Fiscal, Dept. of Administration Representative Berkowitz objected to CSSB 141(FIN) being sent to the Rules Committee without an analysis attached to the House Finance Committee report and cited AS 24.08.036. **The presence of Representatives Kohring, Rokeberg, Kerttula, Weyhrauch, and Gara was noted. The Speaker stated that, without objection, the House would recess to 12:20 p.m.; and so, the House recessed at 11:56 a.m. AFTER RECESS The Speaker called the House back to order at 1:15 p.m. 2005-05-02 House Journal Page 1422 REPORTS OF STANDING COMMITTEES (continued) SB 141 Representative Berkowitz withdrew the objection (page 1421). The Speaker stated that, without objection, CSSB 141(FIN) would be returned to the Finance Committee. And so, CSSB 141(FIN) was removed from the Rules Committee and returned to the Finance Committee. SB 158 The Labor & Commerce Committee has considered: SENATE BILL NO. 158 "An Act prohibiting the imposition of municipal sales and use taxes on state construction contracts and certain subcontracts; and providing for an effective date." The report was signed by Representative Anderson, Chair, with the following individual recommendations: Do pass (4): Crawford, Lynn, Rokeberg, Anderson No recommendation (3): Kott, LeDoux, Guttenberg The following fiscal note(s) apply: 1. Zero, Dept. of Commerce, Community, & Economic Development SB 158 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Larry Jacobson By Representatives Stoltze, Neuman, Gatto, Kohring; Senators Green, Huggins 2005-05-02 House Journal Page 1423 Honoring - Homer Hockey Association By Representative Seaton In Memoriam - John D. Nash By Representatives Stoltze, Neuman, Gatto, Kohring, Harris; Senators Huggins, Green In Memoriam - Lucille "Mollie" Buswell By Representatives Kohring, Gatto, Neuman, Stoltze; Senators Green, Huggins INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 295 HOUSE BILL NO. 295 by Representative Anderson, entitled: "An Act adopting the Uniform Fraudulent Transfer Act and relating to fraudulent transfers of property." was read the first time and referred to the Labor & Commerce and Judiciary Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 217 The following was read the second time: 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." with the: Journal Page CRA RPT 1DP 6NR 1277 FN1: ZERO(CED) 1277 FIN RPT 4DP 5NR 1399 FN1: ZERO(CED) 1399 2005-05-02 House Journal Page 1424 Amendment No. 1 (title amendment) was offered by Representatives Samuels and Harris: Page 1, line 2: Delete all material. Insert "property for purposes of providing planning assistance to the Department of Education and Early Development and the legislature, calculating funding for education, calculating school district participating shares for school construction grants, and calculating tax resource equalization payments and excluding from that determination the value of property in certain areas detached from a municipality and the value of certain property involved with oil and gas that is not taxed by a municipality."" Representative Coghill moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Berkowitz objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted and the new title follows: HOUSE BILL NO. 217(title am) "An Act relating to the determination of full and true value of taxable municipal property for purposes of providing planning assistance to the department of education and early development and the legislature, calculating funding for education, calculating school district participating shares for school construction grants, and calculating tax resource equalization payments and excluding from that determination the value of property in certain areas detached from a municipality and the value of certain property involved with oil and gas that is not taxed by a municipality." Representative Coghill moved and asked unanimous consent that HB 217(title am) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 217 (title am) was read the third time. 2005-05-02 House Journal Page 1425 The question being: "Shall HB 217(title am) pass the House?" The roll was taken with the following result: HB 217(title am) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 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, Seaton, Stoltze, Thomas, Wilson Absent: Weyhrauch And so, HB 217(title am) passed the House and was referred to the Chief Clerk for engrossment. HB 257 The following was read the second time: HOUSE BILL NO. 257 "An Act relating to a procurement and electronic commerce tools program for state departments and instrumentalities of the state; and providing for an effective date." with the: Journal Page JUD RPT CS(JUD) NT 2DP 5NR 1257 FN1: ZERO(CRT) 1258 FN2: INDETERMINATE(ADM/ALL DEPTS) 1258 FIN RPT CS(JUD) NT 4DP 6NR 1320 FN1: ZERO(CRT) 1320 FN2: INDETERMINATE(ADM/ALL DEPTS) 1320 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 2005-05-02 House Journal Page 1426 CS FOR HOUSE BILL NO. 257(JUD) "An Act relating to and extending the pilot program for state procurement and electronic commerce tools; and providing for an effective date." There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 257(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 257(JUD) will advance to third reading on tomorrow's calendar. SECOND READING OF SENATE BILLS SB 129 The following was read the second time: 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." with the: Journal Page L&C RPT 3DP 2NR 984 FN1: ZERO(CRT) 985 FN2: ZERO(LAW) 985 JUD RPT 5DP 1NR 1297 FN1: ZERO(CRT) 1298 FN2: ZERO(LAW) 1298 Representative Coghill moved and asked unanimous consent that CSSB 129(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. 2005-05-02 House Journal Page 1427 CSSB 129(JUD) will advance to third reading on tomorrow's calendar. THIRD READING OF HOUSE BILLS HB 272 The following, which was advanced to third reading from the April 30, 2005, calendar (page 1407), was read the third time: CS FOR HOUSE BILL NO. 272(FIN) "An Act relating to card rooms and card operations." The Speaker stated that, without objection, CSHB 272(FIN) would be held in third reading to tomorrow's calendar. SECOND READING OF HOUSE RESOLUTIONS HCR 6 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 6 Relating to the continuation of the Alaska Information Infrastructure Policy Task Force until the first day of the First Regular Session of the Twenty-Fifth Alaska State Legislature in January 2007. with the: Journal Page EDT RPT 6DP 1219 FN1: (LEG) 1219 FIN RPT 7DP 1NR 1397 FN2: (LEG) 1397 The question being: "Shall HCR 6 pass the House?" The roll was taken with the following result: HCR 6 Second Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 0 ABSENT: 3 2005-05-02 House Journal Page 1428 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Absent: Anderson, Kelly, Weyhrauch And so, HCR 6 passed the House and was referred to the Chief Clerk for engrossment. HCR 11 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 11 Proclaiming July 24, 2005, as Parents' Day. with the: Journal Page HES RPT 4DP 1294 FN1: ZERO(LEG) 1295 The question being: "Shall HCR 11 pass the House?" The roll was taken with the following result: HCR 11 Second Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Absent: Kelly, Weyhrauch And so, HCR 11 passed the House and was referred to the Chief Clerk for engrossment. 2005-05-02 House Journal Page 1429 The Speaker stated that, without objection, the House would recess to 6:30 p.m.; and so, the House recessed at 1:38 p.m. AFTER RECESS The Speaker called the House back to order at 7:10 p.m. CONSIDERATION OF THE DAILY CALENDAR (continued) LEGISLATIVE CITATIONS Representative Coghill moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Amy Collman By Representatives Seaton, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kott, LeDoux, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Stoltze, Thomas, Weyhrauch, Wilson; Senator Gary Stevens Honoring - Juneau Jumpers, World Rope Skipping Championship Participants By Representatives Kerttula, Weyhrauch, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson; Senator Elton Honoring - Jambaars Soccer Team, Zane Cup State Champions By Representatives Kerttula, Weyhrauch, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson; Senator Elton 2005-05-02 House Journal Page 1430 In Memoriam - Kaye Cory Baker By Representatives Coghill, Harris, Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kott, LeDoux, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson; Senator Therriault In Memoriam - Hugh Gregory Gallagher By Representatives Kerttula, Weyhrauch, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kott, LeDoux, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson; Senator Elton In Memoriam - James Albert Anderegg By Representatives Kerttula, Weyhrauch, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kott, LeDoux, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson; Senator Elton The Speaker stated that, without objection, the House would revert to Standing Committee Reports. Representative Croft objected. Representative Croft placed a call of the House and lifted the call. Representative Croft withdrew the objection. There being no further objection, the House reverted to: REPORTS OF STANDING COMMITTEES HB 254 The Resources Committee has considered: 2005-05-02 House Journal Page 1431 HOUSE BILL NO. 254 "An Act directing the Alaska Natural Gas Development Authority to use money appropriated from the Railbelt energy fund and from other sources for preliminary engineering and related work for the construction of pipeline facilities to transport Alaska North Slope natural gas to the Southcentral Alaska gas distribution grid, and amending the definition of 'project' as applied to the work of the Alaska Natural Gas Development Authority; and providing for an effective date." The report was signed by Representatives Samuels and Ramras, Co- chairs, with the following individual recommendations: Do pass (6): Olson, Seaton, Elkins, Crawford, Samuels, Ramras No recommendation (2): Kapsner, LeDoux Amend (1): Gatto The following fiscal note(s) apply: 1. Zero, Dept. of Revenue HB 254 was referred to the Finance Committee. SJR 11 The Finance Committee has considered: SENATE JOINT RESOLUTION NO. 11 Urging the United States Congress to amend the tax code to repeal the federal excise tax on communications. The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (4): Hawker, Foster, Meyer, Chenault No recommendation (2): Stoltze, Weyhrauch 2005-05-02 House Journal Page 1432 The following fiscal note(s) apply: 1. Zero, Dept. of Revenue SJR 11 was referred to the Rules Committee for placement on the calendar. SJR 16 The Resources Committee has considered: SENATE JOINT RESOLUTION NO. 16 Supporting legislation before the United States Congress that reaffirms the right of the states to regulate hunting and fishing. The report was signed by Representatives Samuels and Ramras, Co- chairs, with the following individual recommendations: Do pass (5): Olson, Gatto, Elkins, Samuels, Ramras No recommendation (2): LeDoux, Crawford The following fiscal note(s) apply: 1. Zero, Legislative Agency SJR 16 was referred to the Rules Committee for placement on the calendar. SB 16 The Finance Committee has considered: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 16(TRA) "An Act relating to the powers and duties of the Department of Transportation and Public Facilities; repealing the requirement for a long-range program for highway construction and maintenance; and repealing a requirement that public facilities comply with energy standards adopted by the Department of Transportation and Public Facilities; and providing for an effective date." 2005-05-02 House Journal Page 1433 The report was signed by Representative Chenault, Co-chair, with the following individual recommendations: Do pass (4): Hawker, Holm, Moses, Chenault No recommendation (3): Croft, Weyhrauch, Kelly The following fiscal note(s) apply: 1. Zero, Dept. of Transportation & Public Facilities 2. Zero, Dept. of Public Safety CSSSSB 16(TRA) was referred to the Rules Committee for placement on the calendar. SB 104 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 104(JUD) "An Act relating to the crimes of unsworn falsification in the first and second degrees and false information or report; requiring the establishment of a permanent fund dividend fraud investigation unit in the Department of Revenue; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 104(JUD) "An Act relating to the crimes of unsworn falsification in the first degree involving an application for a permanent fund dividend and false information or report involving eligibility for a permanent fund dividend; requiring the establishment of a permanent fund dividend fraud investigation unit in the Department of Revenue; relating to service in the peace corps and as a member of the United States Olympic Team as allowable absences from the state for purposes of eligibility for permanent fund dividends and to the period for filing an application for a permanent fund dividend; authorizing the Department of Revenue to issue administrative orders imposing sanctions for certain misrepresentations or other actions concerning eligibility for a permanent fund dividend and 2005-05-02 House Journal Page 1434 providing for administrative appeal of those orders; and providing for an effective date." (pending title change resolution) The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (4): Kott, Gruenberg, Gara, McGuire No recommendation (2): Dahlstrom, Coghill The following fiscal note(s) apply to HCS CSSB 104(JUD): 2. Zero, Dept. of Law Fiscal note(s) forthcoming. CSSB 104(JUD) was referred to the Rules Committee for placement on the calendar. SB 141 The Finance Committee has again considered (page 1420): CS FOR SENATE BILL NO. 141(FIN) "An Act relating to the teachers' and public employees' retirement systems and creating defined contribution and health reimbursement plans for members of the teachers' retirement system and the public employees' retirement system who are first hired after July 1, 2005; relating to university retirement programs; establishing the Alaska Retirement Management Board to replace the Alaska State Pension Investment Board, the Alaska Teachers' Retirement Board, and the Public Employees' Retirement Board; adding appeals of the decisions of the administrator of the teachers' and public employees' retirement systems to the jurisdiction of the office of administrative hearings; providing for nonvested members of the teachers' retirement system defined benefit plans to transfer into the teachers' retirement system defined contribution plan and for nonvested members of the public employees' retirement system defined benefit plans to transfer into the public employees' retirement 2005-05-02 House Journal Page 1435 system defined contribution plan; providing for political subdivisions and public organizations to request to participate in the public employees' defined contribution retirement plan; and providing for an effective date." and recommends it be replaced with a forthcoming House Finance Committee substitute. The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (3): Foster, Kelly, Chenault No recommendation (4): Holm, Stoltze, Moses, Meyer Amend (1): Hawker The following fiscal note(s) apply to HCS CSSB 141(FIN): 1. Fiscal, Dept. of Administration 3. Fiscal, Dept. of Revenue 4. Fiscal, Dept. of Revenue 5. Fiscal, Dept. of Revenue 6. Fiscal, Dept. of Revenue 7. Fiscal, Dept. of Revenue 9. Zero, House Finance Committee/Dept. of Administration 11. Fiscal, Dept. of Administration Representative Berkowitz moved and asked unanimous consent that the House Finance Committee analysis, which applies to HCS CSSB 141(FIN), be replaced with an analysis by the Actuarial Service Company. There was objection. The question being: "Shall the House Finance Committee analysis, which applies to HCS CSSB 141(FIN), be replaced with an analysis by the Actuarial Service Company?" The roll was taken with the following result: 2005-05-02 House Journal Page 1436 Replace Finance Committee Fiscal Analysis with Actuarial Service Company Analysis for HCS CSSB 141(FIN) YEAS: 15 NAYS: 25 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Dahlstrom, Gara, Gruenberg, Guttenberg, Hawker, Joule, Kapsner, Kerttula, Kott, LeDoux, Moses, Salmon Nays: Anderson, Chenault, Coghill, Croft, Elkins, Foster, Gardner, Gatto, Harris, Holm, Kelly, Kohring, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson And so, the motion failed. CSSB 141(FIN) was referred to the Rules Committee for placement on the calendar. CONSIDERATION OF THE FIRST SUPPLEMENTAL CALENDAR Representative Coghill moved and asked unanimous consent that the House adopt the First Supplemental Calendar. There being no objection, the following First Supplemental Calendar was adopted: HB 286 VALUE OF ROYALTY ON GAS PRODUCTION HB 98 NONUNION PUBLIC EMPLOYEE SALARY & BENEFIT HB 275 TRANSPORTATION PROJECT BONDS SB 25 GENETICALLY MODIFIED FISH SECOND READING OF HOUSE BILLS HB 286 The following was read the second time: HOUSE BILL NO. 286 "An Act amending the manner of determining the royalty received by the state on gas production by directing the commissioner of 2005-05-02 House Journal Page 1437 natural resources to accept, under certain circumstances, the transfer price of the gas if established by transfer price order of the Regulatory Commission of Alaska; and providing for an effective date." with the: Journal Page O&G RPT 5DP 1371 FN1: ZERO(CED) 1372 L&C RPT 5DP 2NR 1418 FN1: ZERO(CED) 1418 Representative Coghill moved and asked unanimous consent that HB 286 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 286 was read the third time. The question being: "Shall HB 286 pass the House?" The roll was taken with the following result: HB 286 Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Absent: Kelly And so, HB 286 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. HB 286 was referred to the Chief Clerk for engrossment. 2005-05-02 House Journal Page 1438 HOUSE BILLS IN SECOND READING HB 98 The following, which had been held in second reading and returned to the Rules Committee (page 1404), was again before the House: CS FOR HOUSE BILL NO. 98(RLS) "An Act relating to the compensation of the governor, the lieutenant governor, and certain public officials, officers, and employees not covered by collective bargaining agreements; and providing for an effective date." Amendment No. 1 was offered by Representative Gara: Page 1, following line 4: Insert new bill sections to read: "* Section 1. The uncodified law of the State of Alaska is amended by adding a new section to read: LEGISLATIVE INTENT. It is the intent of the legislature that each legislative staff person be paid equitably without regard to the political party affiliation of the legislator for whom the staff person works. * Sec. 2. AS 24.10.200 is amended by adding a new subsection to read: (c) The rate established under (a) of this section shall provide that the combined salary schedule ranges of the two employees who are compensated at the highest ranges are equal for each legislator. If a legislator has only one employee, that employee must be compensated at the highest range authorized for an employee of any legislator. This subsection does not prohibit differences in the compensation of employees based on longevity or merit." Page 1, line 5: Delete "Section 1" Insert "Sec. 3" Renumber the following sections accordingly. 2005-05-02 House Journal Page 1439 Page 3, lines 21 - 22: Delete "sec. 4" Insert "sec. 6" Page 3, line 22: Delete "secs. 5 and 6" Insert "secs. 7 and 8" Page 3, line 31: Delete "sec. 4" Insert "sec. 6" Delete "secs. 5 and 6" Insert "secs. 7 and 8" Page 4, line 4: Delete "secs. 4 - 6" Insert "secs. 6 - 8" Page 4, line 12: Delete "Sections 1, 2, and 7" Insert "Sections 3, 4, and 9" Page 4, line 13: Delete "sec. 11" Insert "sec. 13" Representative Gara moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Rokeberg objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 98(RLS) Second Reading Amendment No. 1 YEAS: 16 NAYS: 24 EXCUSED: 0 ABSENT: 0 2005-05-02 House Journal Page 1440 Yeas: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, LeDoux, Moses, Salmon Nays: Anderson, Chenault, Coghill, Foster, Gatto, Harris, Hawker, Holm, Kelly, Kohring, Kott, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Gara: Page 1, following line 4: Insert a new bill section to read: "* Section 1. AS 24.10.200 is amended by adding a new subsection to read: (c) Legislative staff pay shall be based on merit and shall not be based on the party or caucus membership of the employing legislator." Renumber the following bill sections accordingly. Representative Gara moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 98(RLS) Second Reading Amendment No. 2 YEAS: 18 NAYS: 20 EXCUSED: 0 ABSENT: 2 Yeas: Anderson, Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kohring, Kott, LeDoux, Moses, Salmon Nays: Chenault, Coghill, Elkins, Foster, Gatto, Harris, Hawker, Holm, Kelly, Lynn, Meyer, Neuman, Olson, Ramras, Rokeberg, Seaton, Stoltze, Thomas, Weyhrauch, Wilson 2005-05-02 House Journal Page 1441 Absent: McGuire, Samuels And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representatives Croft and Berkowitz: Page 1, line 1 (title amendment): Delete "the governor, the lieutenant governor, and" Page 1, lines 5 - 10: Delete all material. Renumber the following bill sections accordingly. Representative Croft moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Rokeberg objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 98(RLS) Second Reading Amendment No. 3 YEAS: 12 NAYS: 27 EXCUSED: 0 ABSENT: 1 Yeas: Berkowitz, Cissna, Coghill, Crawford, Croft, Gara, Gardner, Gatto, Gruenberg, Kapsner, Salmon, Wilson Nays: Anderson, Chenault, Dahlstrom, Elkins, Foster, Guttenberg, Harris, Hawker, Holm, Joule, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Seaton, Stoltze, Thomas, Weyhrauch Absent: Samuels And so, Amendment No. 3 was not adopted. 2005-05-02 House Journal Page 1442 Representative Coghill moved and asked unanimous consent that CSHB 98(RLS) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 98(RLS) was read the third time. The question being: "Shall CSHB 98(RLS) pass the House?" The roll was taken with the following result: CSHB 98(RLS) Third Reading Final Passage YEAS: 26 NAYS: 13 EXCUSED: 0 ABSENT: 1 Yeas: Anderson, Chenault, Dahlstrom, Elkins, Foster, Gara, Gardner, Gruenberg, Harris, Hawker, Holm, Kelly, Kerttula, Kohring, Kott, McGuire, Meyer, Moses, Neuman, Olson, Rokeberg, Salmon, Seaton, Thomas, Weyhrauch, Wilson Nays: Berkowitz, Cissna, Coghill, Crawford, Croft, Gatto, Guttenberg, Joule, Kapsner, LeDoux, Lynn, Ramras, Stoltze Absent: Samuels And so, CSHB 98(RLS) passed the House. Representative Coghill moved the effective date clauses. The question being: "Shall the effective date clauses be adopted?" The roll was taken with the following result: CSHB 98(RLS) Third Reading Effective Dates YEAS: 37 NAYS: 1 EXCUSED: 0 ABSENT: 2 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Seaton, Stoltze, Thomas, Weyhrauch, Wilson 2005-05-02 House Journal Page 1443 Nays: Kapsner Absent: Joule, Samuels And so, the effective date clauses were adopted. Representative Crawford gave notice of reconsideration of the vote on CSHB 98(RLS). HB 275 The following, which had been read the second time and returned to the Rules Committee (page 1381), was again before the House in second reading: HOUSE BILL NO. 275 "An Act authorizing financing for certain public transportation projects; giving notice of and approving the entry into, and the issuance of revenue obligations that provide participation in, lease-financing agreements for those transportation projects; and providing for an effective date." 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. 275(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Gardner: Page 1, following line 13, insert: "(1) Anchorage: Lake Otis-Tudor intersection $7,000,000" Renumber the following accordingly. Representative Gardner moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Lynn objected. 2005-05-02 House Journal Page 1444 Representative Berkowitz placed a call of the House. The call was satisfied. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 275(FIN) Second Reading Amendment No. 1 YEAS: 17 NAYS: 23 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gruenberg, Guttenberg, Hawker, Joule, Kapsner, Kerttula, McGuire, Moses, Salmon Nays: Chenault, Coghill, Elkins, Foster, Gatto, Harris, Holm, Kelly, Kohring, Kott, LeDoux, Lynn, Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Stoltze: Page 2, lines 9 - 10: Delete all material. Renumber the following accordingly. Representative Stoltze moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Meyer objected and withdrew the objection. There being no further objection, Amendment No. 2 was adopted. Representative Coghill moved and asked unanimous consent that CSHB 275(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 275(FIN) am will advance to third reading on tomorrow's calendar. 2005-05-02 House Journal Page 1445 SECOND READING OF SENATE BILLS SB 25 The following was read the second time: SENATE BILL NO. 25 "An Act relating to labeling and identification of genetically modified fish and fish products." with the: Journal Page FSH RPT 5DP 646 FN1: ZERO(DEC) 647 FN2: ZERO(LAW) 647 L&C RPT 4DP 2NR 865 FN1: ZERO(DEC) 865 FN2: ZERO(LAW) 865 RES RPT 4DP 2NR 1AM 982 FN1: ZERO(DEC) 983 FN2: ZERO(LAW) 983 Representative Coghill moved and asked unanimous consent that SB 25 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. SB 25 was read the third time. The question being: "Shall SB 25 pass the House?" The roll was taken with the following result: SB 25 Third Reading Final Passage YEAS: 32 NAYS: 0 EXCUSED: 0 ABSENT: 8 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Neuman, Olson, Ramras, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson 2005-05-02 House Journal Page 1446 Absent: Anderson, Holm, Joule, Kapsner, Kelly, Meyer, Moses, Rokeberg And so, SB 25 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. UNFINISHED BUSINESS HB 277 The Speaker waived the House Special Committee on Military & Veterans' Affairs referral for the following at the request of Representative Lynn, Chair: HOUSE BILL NO. 277 "An Act naming the Charles Gamble Jr. - Donald Sperl Joint Use Facility in Juneau." HB 277 was removed from the House Special Committee on Military & Veterans' Affairs and referred to the State Affairs Committee. HCR 11 Representative Samuels added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 11 Proclaiming July 24, 2005, as Parents' Day. HB 273 Representative Gardner removed 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." HB 286 Representative Anderson added his name as cosponsor to: HOUSE BILL NO. 286 "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 2005-05-02 House Journal Page 1447 transfer price of the gas if established by transfer price order of the Regulatory Commission of Alaska; and providing for an effective date." SB 104 Representatives Anderson, Gara, and McGuire added their names as cross sponsors to: CS FOR SENATE BILL NO. 104(JUD) "An Act relating to the crimes of unsworn falsification in the first and second degrees and false information or report; requiring the establishment of a permanent fund dividend fraud investigation unit in the Department of Revenue; and providing for an effective date." SB 147 Representative Hawker added his name as cross sponsor to: CS FOR SENATE BILL NO. 147(FIN) "An Act providing for a sport fishing facility surcharge on sport fishing licenses; providing for the construction and renovation of state sport fishing facilities and for other projects beneficial to the sport fish resources of the state as a public enterprise; and authorizing the issuance of revenue bonds to finance those projects." ENGROSSMENT HCR 6 HCR 6 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HCR 11 HCR 11 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 217 HB 217(title am) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2005-05-02 House Journal Page 1448 HB 286 HB 286 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., May 3, 2005. There being no objection, the House adjourned at 9:02 p.m. Suzi Lowell Chief Clerk