Legislature(2005 - 2006)

2005-05-09 House Journal

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2005-05-09                     House Journal                      Page 1827
                                                                                                    
                                HOUSE JOURNAL                                                    
                                                                                                    
                          ALASKA STATE LEGISLATURE                                               
                                                                                                    
                  TWENTY-FOURTH LEGISLATURE - FIRST SESSION                                      
                                                                                                    
Juneau, Alaska                     Monday                      May 9, 2005                        
                                                                                                    
                          One Hundred Twentieth Day                                            
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 10:44 a.m.                                                                                
                                                                                                    
Roll call showed 28 members present.  Representatives Anderson,                                     
Chenault, Gara, LeDoux, Meyer, Moses, Olson, and Rokeberg were                                      
absent and their presence was noted later.                                                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Gruenberg be excused to approximately noon, today.                                   
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representatives Weyhrauch, Seaton, and Crawford be excused to                                       
approximately noon, today.  There being no objection, it was so                                     
ordered.                                                                                            
                                                                                                    
The invocation was offered by the Chaplain, Representative                                          
Dahlstrom.  Representative McGuire moved and asked unanimous                                        
consent that the invocation be spread on the journal.  There being no                               
objection, it was so ordered.                                                                       
                                                                                                    
     With respect for all religious beliefs, I offer this prayer.                                   
                                                                                                    
     Dear Heavenly Father:                                                                          
                                                                                                    
     We are grateful for this beautiful world we have been given                                    
     and for the health and strength we have been blessed with.                                     
     We are grateful for the freedoms that we enjoy in our country                                  
     and have a deep respect for the responsibility we have in this                                 
     body to serve the people of Alaska.                                                            
                                                                                                    

2005-05-09                     House Journal                      Page 1828
     Bless the leadership of our body that they may have the                                        
     strength and wisdom they need to represent this body in the                                    
     critical negotiations that still lay ahead.  Bless our support                                 
     staff for the dedication they show each day.                                                   
                                                                                                    
     Father, You know our weaknesses and strengths.  You know                                       
     the private struggles that individuals in this body have.  Bless                               
     them and give them calm.  Bless the men and women                                              
     defending our country and freedom and their families left                                      
     behind.  Bless us with extra patience and tolerance for our                                    
     differences and the mental and physical strength we need as                                    
     we work through these last days of session.  We pray humbly                                    
     for these things and do it in the name of Jesus Christ, Amen.                                  
                                                                                                    
The Pledge of Allegiance was led by Representative Salmon.                                          
                                                                                                    
                                                                                                    
                          MESSAGES FROM THE SENATE                                               
                                                                                                    
HB 123                                                                                            
A message dated May 8, 2005, was read stating the Senate has passed:                                
                                                                                                    
     CS FOR HOUSE BILL NO. 123(RLS) am                                                              
     "An Act relating to occupational licensing fees, fines, and                                    
     penalties and to regulatory board fines; extending the termination                             
     dates of the Boards of Barbers and Hairdressers, Social Work                                   
     Examiners, Pharmacy, Professional Counselors, Psychologist and                                 
     Psychological Associate Examiners, and Veterinary Examiners;                                   
     relating to psychologist licensing by credentials; relating to an                              
     exemption that allows one bill to continue more than one board,                                
     commission, or agency program; and providing for an effective                                  
     date."                                                                                         
                                                                                                    
CSHB 123(RLS) am was referred to the Chief Clerk for enrollment.                                    
                                                                                                    
**The presence of Representative LeDoux was noted.                                                  
                                                                                                    
HB 211                                                                                            
A message dated May 8, 2005, was read stating the Senate has passed:                                
                                                                                                    

2005-05-09                     House Journal                      Page 1829
     CS FOR HOUSE BILL NO. 211(FIN)                                                                 
     "An Act extending the termination date of the Board of Dental                                  
     Examiners; and relating to dentists and dental hygienists."                                    
                                                                                                    
CSHB 211(FIN) was referred to the Chief Clerk for enrollment.                                       
                                                                                                    
HB 249                                                                                            
A message dated May 8, 2005, was read stating the Senate has passed:                                
                                                                                                    
     CS FOR HOUSE BILL NO. 249(RLS)                                                                 
     "An Act relating to enhanced 911 systems and enhanced 911                                      
     surcharges imposed by a municipality, public municipal                                         
     corporation, or village."                                                                      
                                                                                                    
CSHB 249(RLS) was referred to the Chief Clerk for enrollment.                                       
                                                                                                    
HB 95                                                                                             
A message dated May 8, 2005, was read stating the Senate has passed                                 
CSHB 95(RLS) am with the following amendment and it is                                              
transmitted for consideration:                                                                      
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 95(JUD)                                                    
     "An Act relating to the duties of the Department of Health and                                 
     Social Services as those duties pertain to public health and public                            
     health emergencies and disasters; relating to medical treatment,                               
     information, isolation and quarantine for the prevention and                                   
     management of conditions of public health importance; relating to                              
     duties of the public defender and office of public advocacy                                    
     regarding public health emergencies and disasters; relating to                                 
     liability for actions arising from public health procedures; making                            
     conforming amendments; relating to the treatment and                                           
     transportation of dead bodies; amending Rules 4, 7, 8, 38, 40, 65,                             
     72, and 77, Alaska Rules of Civil Procedure; and providing for an                              
     effective date."                                                                               
                                                                                                    
CSHB 95(RLS) am is under Unfinished Business.                                                       
                                                                                                    
HB 119                                                                                            
A message dated May 8, 2005, was read stating the Senate has passed                                 
CSHB 119(FIN) with the following amendment and it is transmitted                                    
for consideration:                                                                                  
                                                                                                    

2005-05-09                     House Journal                      Page 1830
     SENATE CS FOR CS FOR HOUSE BILL NO. 119(FIN)                                                   
     "An Act extending the termination date of the Alaska regional                                  
     economic assistance program; and providing for an effective                                    
     date."                                                                                         
                                                                                                    
CSHB 119(FIN) is under Unfinished Business.                                                         
                                                                                                    
                                                                                                    
A message dated May 8, 2005, was read stating the Senate has passed                                 
the following and they are transmitted for consideration:                                           
                                                                                                    
                                                                                                    
                         FIRST READING AND REFERENCE                                             
                               OF SENATE BILLS                                                   
                                                                                                    
SB 186                                                                                            
CS FOR SENATE BILL NO. 186(JUD) by the Senate Judiciary                                             
Committee, entitled:                                                                                
                                                                                                    
     "An Act relating to the Alaska Executive Branch Ethics Act; and                                
     providing for an effective date."                                                              
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
                                                                                                    
SB 187                                                                                            
CS FOR SENATE BILL NO. 187(JUD) by the Senate Judiciary                                             
Committee, entitled:                                                                                
                                                                                                    
     "An Act relating to legislative ethics open meetings guidelines, to                            
     the public members of the Select Committee on Legislative                                      
     Ethics, to alternate members of the legislative subcommittees, to                              
     advisory opinions, and to confidential information and                                         
     proceedings regarding legislative ethics complaints and                                        
     investigations."                                                                               
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    

2005-05-09                     House Journal                      Page 1831
                       REPORTS OF STANDING COMMITTEES                                            
                                                                                                    
SB 22                                                                                             
The Finance Committee has considered:                                                               
                                                                                                    
     CS FOR SENATE BILL NO. 22(FIN)                                                                 
     "An Act adding birthing centers to the list of health facilities                               
       eligible for payment of medical assistance for needy persons."                              
                                                                                                    
The report was signed by Representatives Meyer and Chenault, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (3):  Foster, Meyer, Chenault                                                               
                                                                                                    
No recommendation (6):  Hawker, Holm, Stoltze, Joule, Moses, Kelly                                  
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
2.  Zero, Dept. of Health & Social Services                                                         
                                                                                                    
CSSB 22(FIN) is on today's calendar.                                                                
                                                                                                    
SB 135                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     CS FOR SENATE BILL NO. 135(JUD)(efd am)                                                        
     "An Act relating to the crimes of assault and custodial                                        
     interference; and providing for an effective date."                                            
                                                                                                    
The report was signed by Representative Meyer, Co-chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Foster, Meyer                                                                         
                                                                                                    
No recommendation (4):  Holm, Stoltze, Joule, Kelly                                                 
                                                                                                    
Amend (1):  Hawker                                                                                  
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    

2005-05-09                     House Journal                      Page 1832
1.  Zero, Dept. of Administration                                                                   
2.  Zero, Alaska Court System                                                                       
3.  Zero, Dept. of Law                                                                              
                                                                                                    
CSSB 135(JUD)(efd am) is on today's calendar.                                                       
                                                                                                    
SB 153                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     SENATE BILL NO. 153                                                                            
     "An Act relating to international airports revenue bonds; and                                  
     providing for an effective date."                                                              
                                                                                                    
The report was signed by Representative Meyer, Co-chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Holm, Moses, Kelly, Foster, Meyer                                                     
                                                                                                    
No recommendation (2):  Hawker, Stoltze                                                             
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
SB 153 is on today's calendar.                                                                      
                                                                                                    
                                                                                                    
SB 164                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     CS FOR SENATE BILL NO. 164(FIN)                                                                
     "An Act relating to the salmon product development tax credit;                                 
     providing for an effective date by amending an effective date in                               
       sec. 7, ch. 57, SLA 2003; and providing for an effective date."                             
                                                                                                    
The report was signed by Representatives Meyer and Chenault, Co-                                    
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (2):  Foster, Meyer                                                                         
                                                                                                    

2005-05-09                     House Journal                      Page 1833
No recommendation (6):  Stoltze, Joule, Moses, Holm, Kelly,                                         
Chenault                                                                                            
                                                                                                    
Amend (1):  Hawker                                                                                  
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
CSSB 164(FIN) is on today's calendar.                                                               
                                                                                                    
**The presence of Representative Gara was noted.                                                    
                                                                                                    
                                                                                                    
                          INTRODUCTION OF CITATIONS                                              
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Jessica Hendricks                                                                        
By Representative Salmon                                                                            
                                                                                                    
Honoring - Richard Champion                                                                         
By Representative Seaton                                                                            
                                                                                                    
Honoring - Dr. Henry I. Akiyama                                                                     
By Representatives Kerttula, Weyhrauch; Senator Elton                                               
                                                                                                    
Honoring - Bilingual Tutors at Mountain View Elementary School,                                     
Williwaw Elementary School, Creekside Park Elementary School,                                       
Wonder Park Elementary School, Ptarmigan Elementary School, and                                     
William Tyson Elementary School                                                                     
By Representative Gruenberg; Senator Guess                                                          
                                                                                                    
Honoring - The Library                                                                              
By Representatives Weyhrauch, Kerttula; Senator Elton                                               
                                                                                                    
In Memoriam - Sally Ann Kabisch Kizzia                                                              
By Representative Seaton                                                                            
                                                                                                    

2005-05-09                     House Journal                      Page 1834
In Memoriam - Kate Lauren Kuhns                                                                     
By Representative Seaton                                                                            
                                                                                                    
In Memoriam - George A. Hall                                                                        
By Representative Samuels                                                                           
                                                                                                    
                                                                                                    
In Memoriam - William V. Graves                                                                     
By Representatives Weyhrauch, Kerttula; Senator Elton                                               
                                                                                                    
In Memoriam - Peter Barrett                                                                         
By Representatives Kerttula, Weyhrauch; Senator Elton                                               
                                                                                                    
                                                                                                    
In Memoriam - Harriet H. Roberts                                                                    
By Representatives Kerttula, Weyhrauch; Senator Elton                                               
                                                                                                    
In Memoriam - Albert Christian Swalling                                                             
By Representatives Kerttula, Weyhrauch; Senator Elton                                               
                                                                                                    
                                                                                                    
In Memoriam - George Danner, Jr.                                                                    
By Representatives Kerttula, Weyhrauch; Senator Elton                                               
                                                                                                    
In Memoriam - Marvin "Marv" Weatherly                                                               
By Senator Guess                                                                                    
                                                                                                    
                                                                                                    
The following citations were introduced and taken up later as a Special                             
Order of Business:                                                                                  
                                                                                                    
Honoring - A Tribute to Those Who Toil on the House Floor                                           
By Representative Rokeberg                                                                          
                                                                                                    
Honoring - Senate Sergeant-At-Arms, Senate Assistant Sergeant-At-                                   
Arms, Senate Pages                                                                                  
By Senator Cowdery                                                                                  
#                                                                                                   
**The presence of Representatives Meyer and Moses was noted.                                        
                                                                                                    

2005-05-09                     House Journal                      Page 1835
                 INTRODUCTION, FIRST READING, AND REFERENCE                                      
                            OF HOUSE RESOLUTIONS                                                 
                                                                                                    
HR 8                                                                                              
HOUSE RESOLUTION NO. 8 by Representative Kott:                                                      
                                                                                                    
     Establishing the House Task Force on Alaska Gaming Policy to                                   
     consider the establishment of a gaming commission and to study                                 
     gaming activities in the state; and providing for a report of the                              
     findings to the Alaska Legislative Council.                                                    
                                                                                                    
was read the first time and taken up later as a Special Order of                                    
Business.                                                                                           
                                                                                                    
                                                                                                    
HR 9                                                                                              
HOUSE RESOLUTION NO. 9 by Representatives Joule and Samuels:                                        
                                                                                                    
     Relating to the plans of the United States Postal Service to                                   
     discontinue air shipment of bypass mail between Fairbanks,                                     
     Alaska, and Barrow, Alaska.                                                                    
                                                                                                    
was read the first time and taken up later as a Special Order of                                    
Business.                                                                                           
                                                                                                    
**The presence of Representatives Anderson and Rokeberg was                                         
noted.                                                                                              
                                                                                                    
                                                                                                    
                     CONSIDERATION OF THE DAILY CALENDAR                                         
                                                                                                    
                       SECOND READING OF SENATE BILLS                                            
                                                                                                    
SB 22                                                                                             
The following was read the second time:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 22(FIN)                                                                 
     "An Act adding birthing centers to the list of health facilities                               
       eligible for payment of medical assistance for needy persons."                              
                                                                                                    

2005-05-09                     House Journal                      Page 1836
with the:                                                      Journal Page                         
                                                                                                    
 FIN RPT 3DP 6NR                                                        1831                        
 FN2: ZERO(HSS)                                                         1831                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSSB 22(FIN) be considered engrossed, advanced to third reading,                                    
and placed on final passage.                                                                        
                                                                                                    
Representative Ramras objected and withdrew the objection.  There                                   
being no further objection, it was so ordered.                                                      
                                                                                                    
CSSB 22(FIN) was read the third time.                                                               
                                                                                                    
**The presence of Representative Chenault was noted.                                                
                                                                                                    
                                                                                                    
The question being:  "Shall CSSB 22(FIN) pass the House?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CSSB 22(FIN)                                                                                        
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  33   NAYS:  1   EXCUSED:  4   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Croft,                                       
Dahlstrom, Elkins, Foster, Gara, Gardner, Guttenberg, Harris, Hawker,                               
Holm, Joule, Kapsner, Kelly, Kerttula, Kott, LeDoux, Lynn, McGuire,                                 
Meyer, Moses, Neuman, Ramras, Rokeberg, Salmon, Samuels,                                            
Stoltze, Thomas, Wilson                                                                             
                                                                                                    
Nays:  Kohring                                                                                      
                                                                                                    
Excused:  Crawford, Gruenberg, Seaton, Weyhrauch                                                    
                                                                                                    
Absent:  Gatto, Olson                                                                               
                                                                                                    
And so, CSSB 22(FIN) passed the House.                                                              
                                                                                                    
Representative Ramras gave notice of reconsideration of the vote on                                 
CSSB 22(FIN).                                                                                       
                                                                                                    

2005-05-09                     House Journal                      Page 1837
SB 135                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
following be moved to the bottom of the calendar:                                                   
                                                                                                    
     CS FOR SENATE BILL NO. 135(JUD)(efd am)                                                        
     "An Act relating to the crimes of assault and custodial                                        
     interference; and providing for an effective date."                                            
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
SB 153                                                                                            
The following was read the second time:                                                             
                                                                                                    
     SENATE BILL NO. 153                                                                            
     "An Act relating to international airports revenue bonds; and                                  
     providing for an effective date."                                                              
                                                                                                    
with the:                                                      Journal Page                         
                                                                                                    
 FIN RPT 5DP 2NR                                                        1832                        
 FN1: (REV)                                                             1832                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
SB 153 be considered engrossed, advanced to third reading, and                                      
placed on final passage.                                                                            
                                                                                                    
There was objection.                                                                                
                                                                                                    
SB 153 will advance to third reading on tomorrow's calendar.                                        
                                                                                                    
                                                                                                    
SB 164                                                                                            
The following was read the second time:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 164(FIN)                                                                
     "An Act relating to the salmon product development tax credit;                                 
     providing for an effective date by amending an effective date in                               
       sec. 7, ch. 57, SLA 2003; and providing for an effective date."                             
                                                                                                    

2005-05-09                     House Journal                      Page 1838
with the:                                                      Journal Page                         
                                                                                                    
 RES RPT 5DP 4NR                                                        1701                        
 FN1: (REV)                                                             1702                        
 FIN RPT 2DP 6NR 1AM                                                    1832                        
 FN1: (REV)                                                             1833                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSSB 164(FIN) be considered engrossed, advanced to third reading,                                   
and placed on final passage.                                                                        
                                                                                                    
There was objection.                                                                                
                                                                                                    
CSSB 164(FIN) will advance to third reading on tomorrow's calendar.                                 
                                                                                                    
                        THIRD READING OF SENATE BILLS                                            
                                                                                                    
SB 87                                                                                             
The following, which was held over from the May 8, 2005, calendar                                   
(page 1817), was read the third time:                                                               
                                                                                                    
     HOUSE CS FOR SENATE BILL NO. 87(JUD)                                                           
     "An Act relating to motor vehicle safety belt violations."                                     
                                                                                                    
The Speaker stated that, without objection, HCS CSSB 87(JUD)                                        
would be moved to the bottom of the calendar.                                                       
                                                                                                    
SB 102                                                                                            
The following, which was advanced to third reading from the May 8,                                  
2005, calendar (page 1780), was read the third time:                                                
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 102(RES)                                                   
     "An Act repealing the Alaska coastal management program;                                       
     relating to an extension for review and approval of revisions to the                           
     Alaska coastal management program; relating to reviews and                                     
     modifications by the Department of Natural Resources; relating to                              
     coastal resource district policies; providing for an effective date by                         
     amending the effective date of sec. 45, ch. 24, SLA 2003; and                                  
     providing for an effective date."                                                              
                                                                                                    

2005-05-09                     House Journal                      Page 1839
Representative Samuels placed a call of the House.                                                  
                                                                                                    
**The presence of Representative Olson was noted.                                                   
                                                                                                    
The call was satisfied.                                                                             
                                                                                                    
The question being:  "Shall HCS CSSB 102(RES) pass the House?"                                      
The roll was taken with the following result:                                                       
                                                                                                    
HCS CSSB 102(RES)                                                                                   
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  30   NAYS:  6   EXCUSED:  4   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Dahlstrom, Elkins, Foster,                                      
Gardner, Gatto, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner,                                   
Kelly, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses,                                          
Neuman, Olson, Ramras, Rokeberg, Samuels, Stoltze, Thomas,                                          
Wilson                                                                                              
                                                                                                    
Nays:  Berkowitz, Cissna, Croft, Gara, Kerttula, Salmon                                             
                                                                                                    
Excused:  Crawford, Gruenberg, Seaton, Weyhrauch                                                    
                                                                                                    
And so, HCS CSSB 102(RES) 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.                                
                                                                                                    
HCS CSSB 102(RES) was referred to the Chief Clerk for                                               
engrossment.                                                                                        
                                                                                                    
SB 128                                                                                            
The following, which was advanced to third reading from the May 8,                                  
2005, calendar (page 1789), was read the third time:                                                
                                                                                                    
     SENATE BILL NO. 128 am                                                                         
     "An Act relating to consideration by the Local Boundary                                        
     Commission of a requested borough incorporation."                                              
                                                                                                    
The question being:  "Shall SB 128 am pass the House?"  The roll was                                
taken with the following result:                                                                    

2005-05-09                     House Journal                      Page 1840
                                                                                                    
SB 128 am                                                                                           
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  4   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Croft,                                       
Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Guttenberg, Harris,                                
Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott,                                       
LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras,                                         
Rokeberg, Salmon, Samuels, Stoltze, Thomas, Wilson                                                  
                                                                                                    
Excused:  Crawford, Gruenberg, Seaton, Weyhrauch                                                    
                                                                                                    
And so, SB 128 am passed the House.                                                                 
                                                                                                    
Representative Berkowitz gave notice of reconsideration of the vote                                 
on SB 128 am.                                                                                       
                                                                                                    
SB 144                                                                                            
The following, which was advanced to third reading from the May 8,                                  
2005, calendar (page 1803), was read the third time:                                                
                                                                                                    
     CS FOR SENATE BILL NO. 144(RES)                                                                
     "An Act relating to regulations, definitions, and permits under the                            
     emission control permit program; and providing for an effective                                
     date."                                                                                         
                                                                                                    
The question being:  "Shall CSSB 144(RES) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSSB 144(RES)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  4   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Croft,                                       
Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Guttenberg, Harris,                                
Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott,                                       
LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras,                                         
Rokeberg, Salmon, Samuels, Stoltze, Thomas, Wilson                                                  
                                                                                                    

2005-05-09                     House Journal                      Page 1841
Excused:  Crawford, Gruenberg, Seaton, Weyhrauch                                                    
                                                                                                    
And so, CSSB 144(RES) 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.                                
                                                                                                    
CSSB 144(RES) was signed by the Speaker and Chief Clerk and                                         
returned to the Senate.                                                                             
                                                                                                    
                                                                                                    
                        SENATE BILLS IN THIRD READING                                            
                                                                                                    
SB 174                                                                                            
The following, which was held over from the May 8, 2005, calendar                                   
(page 1817), was again before the House:                                                            
                                                                                                    
     HOUSE CS FOR SENATE BILL NO. 174(FIN) am H                                                     
     "An Act excluding certain trucks and vehicles provided by                                      
     automobile dealers as replacement transportation during warranty,                              
     recall, or service contract repairs from the definition of 'passenger                          
     vehicle' for purposes of the passenger vehicle rental tax; and                                 
     providing for an effective date."                                                              
                                                                                                    
     (HCR 18 - title change resolution)                                                             
                                                                                                    
Representative Gatto moved and asked unanimous consent that HCS                                     
SB 174(FIN) am H be returned to second reading for the specific                                     
purpose of considering Amendment No. 4.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    
Amendment No. 4 was offered  by Representative Gatto:                                                
                                                                                                    
Page 1, line 3, following "tax;" (title amendment):                                               
 Insert "providing for taxation of certain commercial ship                                        
vessels, pertaining to certain vessel activities and related to ship                              
vessel operations taking place in the marine water of the State of                                
Alaska;"                                                                                          
                                                                                                    

2005-05-09                     House Journal                      Page 1842
Page 1, following line 5:                                                                           
 Insert a new bill section to read:                                                                 
   "* Section 1.  AS 43.20.021(a) is amended to read:                                             
         (a)  Sections 26 U.S.C. 1 - 1399 and 6001 - 7872 (Internal                                 
     Revenue Code), as amended, are adopted by reference as a part of                               
     this chapter. These portions of the Internal Revenue Code have                                 
     full force and effect under this chapter unless excepted to or                                 
     modified by other provisions of this chapter. However,                                         
              (1)  nothing in this chapter or in AS 43.19 (Multistate Tax                       
     Compact) may be construed as an exception to or modification of                                
     26 U.S.C. 883; and                                                                         
              (2)  the provisions of (1) of this subsection do not apply                        
     to commercial passenger vessels, as defined in AS 43.52.199."                              
                                                                                                    
Page 1, line 6:                                                                                     
     Delete "Section 1"                                                                           
     Insert "Sec. 2"                                                                              
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 2, line 14:                                                                                    
     Delete all material and insert:                                                                
   "* Sec. 3.  AS 43.52 is amended by adding new sections to read:                                
                        Article 2.  Excise Tax on Travel Aboard                                   
                                    Commercial Passenger Vessels.                                 
      Sec. 43.52.100.  Levy of excise tax on overnight                                            
     accommodations on commercial passenger vessels.  There is                                    
     imposed an excise tax on travel on commercial passenger vessels                                
     providing overnight accommodations in the state's marine water.                                
      Sec. 43.52.110.  Rate of tax.  The tax imposed by AS                                        
     43.52.100 - 43.52.199 is levied at a rate of $46 a passenger a                                 
     voyage.                                                                                        
      Sec. 43.52.120.  Liability for payment of tax.  A passenger                                 
     traveling on a commercial passenger vessel providing overnight                                 
     accommodations in state marine waters is liable for the tax                                    
     imposed by AS 43.52.100 - 43.52.199.  The tax shall be collected                               
     and is due and payable                                                                         
       (1)  by the person who provides travel aboard a                                              
     commercial vessel for which the tax is payable; and                                            
       (2)  in the manner and at the times required by the                                          

2005-05-09                     House Journal                      Page 1843
     department by regulation.                                                                      
      Sec. 43.52.130.  Disposition of receipts.  (a)  The proceeds                                
     from the tax on travel on commercial passenger vessels providing                               
     overnight accommodations in the state marine water shall be                                    
     deposited in a commercial vessel passenger tax account in the                                  
     general fund.  The legislature may appropriate money from this                                 
     account for the purposes described in (b) and (c) of this section,                             
     for state-owned port and harbor facilities, for other services to                              
     properly provide for vessel or watercraft visits, to enhance the                               
     safety and efficiency of interstate and foreign commerce, and for                              
     other lawful purposes as determined by the legislature.                                        
      (b)  For each sailing of a commercial passenger vessel                                        
     providing overnight accommodations, the commissioner shall                                     
     identify the first five ports of call in the state and the number of                           
     passengers on board the vessel at each port of call.  Subject to                               
     appropriation by the legislature, the commissioner shall distribute                            
     to each port of call $5 per passenger of the tax revenue collected                             
     from the tax levied under AS 43.52.100 - 43.52.199.  If the port of                            
     call is a city located within a borough that is not unified with the                           
     borough, the commissioner shall, subject to appropriation by the                               
     legislature, distribute $2.50 per passenger to the city and $2.50 to                           
     the borough.  Each port of call receiving funds under this section                             
     shall use the funds in a manner calculated to improve port and                                 
     harbor facilities, and for other services to properly provide for                              
     vessel or watercraft visits, and to enhance the safety and efficiency                          
     of interstate and foreign commerce.                                                            
      (c)  Within the special commercial vessel passenger tax                                       
     account established in (a) of this section, a regional cruise ship                             
     impact subaccount is established.  The subaccount consists of 25                               
     percent of the proceeds from the tax on travel aboard commercial                               
     passenger vessels providing overnight accommodations in the                                    
     marine water of the state.  Subject to appropriation by the                                    
     legislature and regulations adopted by the department, the                                     
     commissioner shall distribute funds to municipalities or other                                 
     governmental entities within the Prince William Sound region,                                  
     Southeast Alaska, or any other distinctive region affected by                                  
     cruise-ship-related tourism activities but not entitled to receive                             
     funds based on port-of-call visitation as allowed by (b) of this                               
     section.  The commissioner shall make the distribution authorized                              
     by the subsection only if the funds are used by the recipient to                               

2005-05-09                     House Journal                      Page 1844
     provide services and infrastructure directly related to passenger                              
     vessel or watercraft visits or to enhance the safety and efficiency                            
     of interstate and foreign commerce related to vessel or watercraft                             
     activities.                                                                                    
         Sec. 43.52.140.  Administration.  (a)  The department shall                             
       (1)  administer AS 43.52.100 - 43.52.199; and                                                
       (2)  collect, and supervise and enforce the collection of,                                   
     taxes due under AS 43.52.100 - 43.52.199 and penalties as                                      
     provided in AS 43.05.                                                                          
      (b)  The department may adopt regulations to carry out the                                    
     purposes of AS 43.52.100 - 43.52.199.                                                          
      Sec. 43.52.150.  Local levies.  Any municipality, whether                                   
     home rule or general law, that receives passenger ship fee funds                               
     under this chapter may not impose a similar form of tax on travel                              
     on commercial passenger vessels engaged in activities involving                                
     overnight accommodations for passengers in state marine water.                                 
     Any form of tax on travel on commercial passenger vessels                                      
     engaged in activities involving overnight accommodations for                                   
     passengers in state marine water enacted by a municipality,                                    
     whether home rule or general law, before the effective date of                                 
     AS 43.52.100 - 43.52.199 shall expire one year after the date that                             
     AS 43.52.100 - 43.52.199 becomes law if that municipality elects                               
     to receive funds under this chapter.                                                           
      Sec. 43.52.199.  Definitions.  In AS 43.52.100 - 43.52.199,                                 
     unless the context otherwise requires,                                                         
       (1)  "commercial passenger vessel" means a boat vessel                                       
     that is used in the common carriage of passengers in commerce;                                 
     "commercial passenger vessel" does not include                                                 
           (A)  vessels with fewer than 250 berths or other                                         
         overnight accommodations for passengers;                                                   
           (B)  noncommercial vessels, warships, and vessels                                        
         operated by the state, the United States, or a foreign                                     
         government;                                                                                
       (2)  "marine water of the state" and "state marine water"                                    
     have the meaning given to "waters" in AS 46.03.900, except that                                
     they include only marine water.                                                                
       contracted for carriage from one place to another;                                           
       (3)  "passenger" means a person with whom a common                                           
       carrier has contracted for carriage from one place to another;                              
          (4) "voyage" means any trip or itinerary lasting more than                                

2005-05-09                     House Journal                      Page 1845
         72 hours.                                                                                  
   * Sec. 4.  AS 45.50.474 is repealed and reenacted to read:                                     
      Sec. 45.50.474.  Required disclosures in promotions on                                      
     board cruise ships.  (a) A person may not conduct a promotion                                
     on board a cruise ship that mentions or features a business in a                               
     state port that has paid something of value for the purpose of                                 
     having the business mentioned, featured, or otherwise promoted,                                
     unless the person conducting the promotion clearly and fully                                   
     discloses orally and in all written materials used in the promotion                            
     that the featured businesses have paid to be included in the                                   
     promotion.  Each written notice of disclosure required by this                                 
     subsection shall be in a typeface of not less than 14 points and in a                          
      contrasting color calculated to draw attention to the disclosure.                            
      (b)  A person or other entity aboard a cruise ship conducting                                 
     or making a sale of tours, flightseeing operation or other shore-                              
     side activities to be delivered by a vendor or other entity at a                               
     future port of call shall disclose, both orally and in writing, the                            
     amount of commission or percentage of the total sale retained or                               
     returned to the person making the sale.  The person or entity                                  
     aboard a cruise ship making or attempting to make a sale of                                    
     services or goods provided by a shore-side vendor shall disclose                               
     the address and telephone number of the shore side vendor if                                   
     asked by a customer.  Each written notice of disclosure required                               
     by this subsection shall be in a typeface of not less than 14 points                           
     and in a contrasting color calculated to draw attention to the                                 
     disclosure.                                                                                    
      (c)  Each violation of this section constitutes an unfair trade                               
     practice under AS 45.50.471, and shall result in a penalty of not                              
     more than $100 for each violation.                                                             
      (d)  In this section, "cruise ship" means a ship that operates at                             
     least 48 hours in length for ticketed passengers, provides                                     
     overnight accommodations and meals for at least 250 passengers,                                
     is operated by an authorized cruise ship operator, and is certified                            
     under the International Convention for the Safety of Life at Sea or                            
     otherwise certified by the United States Coast Guard.                                          
   * Sec. 5.  AS 46.03.462 is repealed and reenacted to read:                                     
      Sec. 46.03.462.  Terms and conditions of discharges.  (a)                                   
     An owner or operator may not discharge any treated sewage,                                     
     graywater, or other wastewater from a large commercial passenger                               
     vessel into the marine waters of the state unless the owner or                                 

2005-05-09                     House Journal                      Page 1846
     operator obtains a permit under AS 46.03.100, which shall comply                               
     with the terms and conditions of vessel discharge requirements                                 
     specified in (b) of this section.                                                              
      (b)  The minimum standard terms and conditions for all                                        
     discharge permits authorized under this provision require that the                             
     owner or operator                                                                              
       (1)  may not discharge untreated sewage, treated sewage,                                     
     graywater, or other wastewater in a manner that violates any                                   
     applicable effluent limits or standards under state or federal law,                            
     including state water quality standards governing pollution at the                             
     point of discharge;                                                                            
       (2)  shall maintain records and provide the reports                                          
     required under AS 46.03.465(a);                                                                
       (3)  shall collect and test samples as required under AS                                     
     46.03.465(b) and (d) and provide the reports with respect to those                             
     samples required by AS 46.03.475(c);                                                           
       (4)  shall report discharges in accordance with AS                                           
     46.03.475(a);                                                                                  
       (5)  shall allow the department access to the vessel at the                                  
     time samples are taken under AS 46.03.465 for purposes of taking                               
     the samples or for purposes of verifying the integrity of the                                  
     sampling process; and                                                                          
       (6)  shall submit records, notices, and reports to the                                       
        department in accordance with AS 46.03.475(b), (d), and (e).                               
   * Sec. 6.  AS 46.03.463(b) is amended to read:                                                 
      (b)  Except as provided in (h) of this section [OR UNDER AS                                   
     46.03.462(c) - (e)], a person may not discharge sewage from a                                  
     commercial passenger vessel into the marine waters of the state                                
     that has suspended solids greater than 150 milligrams per liter or a                           
     fecal coliform count greater than 200 colonies per 100 milliliters                             
     except that the department may by regulation adopt a protocol for                              
     retesting for fecal coliform, if this discharge limit for fecal                                
     coliform is exceeded, under which a discharger will be considered                              
     to be in compliance with the fecal coliform limit if the geometric                             
     mean of fecal coliform count in the samples considered under the                               
     protocol does not exceed 200 colonies per 100 milliliters. [UPON                               
     SUBMISSION BY THE OWNER OR OPERATOR OF A                                                       
     SMALL COMMERCIAL PASSENGER VESSEL OF A PLAN                                                    
     FOR INTERIM PROTECTIVE MEASURES UNDER AS                                                       
     46.03.462(c)(2) AND (d), THE DEPARTMENT SHALL                                                  

2005-05-09                     House Journal                      Page 1847
     EXTEND THE TIME FOR COMPLIANCE OF THAT VESSEL                                                  
     WITH THIS SUBSECTION.]                                                                         
   * Sec. 7.  AS 46.03.463(c) is amended to read:                                                 
      (c)  Except as provided in (h) of this section [OR UNDER AS                                   
     46.03.462(c) - (e)], a person may not discharge graywater or other                             
     wastewater from a commercial passenger vessel into the marine                                  
     waters of the state that has suspended solids greater than 150                                 
     milligrams per liter or a fecal coliform count greater than 200                                
     colonies per 100 milliliters except that the department may by                                 
     regulation adopt a protocol for retesting for fecal coliform, if this                          
     discharge limit for fecal coliform is exceeded, under which a                                  
     discharger will be considered to be in compliance with the fecal                               
     coliform limit if the geometric mean of fecal coliform count in the                            
     samples considered under the protocol does not exceed 200                                      
     colonies per 100 milliliters. Upon submission by the owner or                                  
     operator of a large commercial passenger vessel of a plan for                                  
     interim protective measures, the department shall extend the time                              
     for compliance of that vessel with this subsection for a period of                             
     time that ends not later than January 1, 2003. [UPON                                           
     SUBMISSION BY THE OWNER OR OPERATOR OF A                                                       
     SMALL COMMERCIAL PASSENGER VESSEL OF A PLAN                                                    
     FOR INTERIM PROTECTIVE MEASURES UNDER AS                                                       
     46.03.462(c)(2) AND (d), THE DEPARTMENT SHALL                                                  
     EXTEND THE TIME FOR COMPLIANCE OF THAT VESSEL                                                  
     WITH THIS SUBSECTION.]                                                                         
   * Sec. 8.  AS 46.03.463(e) is repealed and reenacted to read:                                  
      (e)  An owner or operator may not discharge any treated                                       
     sewage, graywater, or other wastewater from a large commercial                                 
     passenger vessel into the marine waters of the state unless the                                
     owner or operator obtains a permit under AS 46.03.100 and                                      
     46.03.462, and the vessel is not in an area where the discharge of                             
     treated sewage, graywater, or other wastewater is otherwise                                    
     prohibited.                                                                                    
   * Sec. 9.  AS 46.03.465(a) is repealed and reenacted to read:                                  
      (a)  The owner or operator of a commercial passenger vessel                                   
     shall maintain daily records related to the period of operation                                
     while in the state, detailing the dates, times, and locations, and the                         
     volumes and flow-rates of any discharges of sewage, graywater, or                              
     other wastewater into the marine waters of the state, and provide                              
     electronic copies of the records on a monthly basis to the                                     

2005-05-09                     House Journal                      Page 1848
     department no later than five days after each calendar month of                                
     operation in state waters.                                                                     
   * Sec. 10.  AS 46.03.465(b) is repealed and reenacted to read:                                 
      (b)  While a commercial passenger vessel is present in the                                    
     marine waters of the state, the owner or operator of the vessel                                
     shall provide an hourly report of the vessel's location based on                               
     global positioning system technology and collect routine samples                               
     of the vessel's treated sewage, graywater, and other wastewater                                
     that are being discharged into the marine waters of the state.                                 
   * Sec. 11.  AS 46.03.465(c) is repealed and reenacted to read:                                 
      (c)  While a commercial passenger vessel is present in the                                    
     marine waters of the state, the department, or an independent                                  
     contractor retained by the department, may collect additional                                  
     samples of the vessel's treated sewage, graywater, and other                                   
     wastewaters being discharged into the marine waters of the state.                              
   * Sec. 12.  AS 46.03.465(d) is repealed and reenacted to read:                                 
      (d)  The owner or operator of a vessel required to collect                                    
     samples under (b) of this section shall ensure that all sampling                               
     techniques and frequency of sampling events are approved by the                                
     department in a manner sufficient to ensure demonstration of                                   
     compliance with all discharge requirements under AS 46.03.462.                                 
   * Sec. 13.  AS 46.03 is amended by adding a new section to read:                               
      Sec. 43.03.476.  Ocean Rangers.  (a)  An owner or operator                                  
     of a large commercial passenger vessel entering the marine waters                              
     of the state is required to have a marine engineer licensed by the                             
     United States Coast Guard hired or retained by the department on                               
     board the vessel to act as an independent observer for the purpose                             
     of monitoring state and federal requirements pertaining to marine                              
     discharge and pollution requirements and to ensure that                                        
     passengers, crew, and residents at ports are protected from                                    
     improper sanitation, health, and safety practices.                                             
      (b)  The licensed marine engineer shall monitor, observe, and                                 
     record data and information related to the engineering, sanitation,                            
     and health-related operations of the vessel, including registration,                           
     reporting, record keeping, and discharge functions required by                                 
     state and federal law.                                                                         
      (c) Any information recorded or gathered by the licensed                                      
     marine engineer shall be promptly conveyed to the department and                               
     the United States Coast Guard on a form or in a manner approved                                
     by the commissioner.  The commissioner may share information                                   

2005-05-09                     House Journal                      Page 1849
     gathered with other state and federal agencies.                                                
   * Sec. 14.  AS 46.03.480 is amended by adding a new subsection to                              
read:                                                                                               
      (e)  An additional fee in the amount of $4 a berth, is imposed                                
     on all large commercial passenger vessels, other than vessels                                  
     operated by the state, for the purpose of operating the Ocean                                  
     Ranger program established in AS 46.03.476; the program shall                                  
     be subject to legislative appropriation.                                                       
   * Sec. 15.  AS 46.03 is amended by adding a new section to read:                               
      Sec. 46.03.481. Citizens' suits. (a) Any citizen of the State of                            
     Alaska may commence a civil action (1) against an owner or                                     
     operator of a large passenger vessel alleged to have violated any                              
     provision of AS 46.03.460 - 46.03.490, or (2) against the                                      
     department where there is an alleged failure to perform any act or                             
     duty under AS 46.03.460 - 46.03.490 that is not discretionary. No                              
     civil action may be commenced under this section, however, prior                               
     to 45 days after the plaintiff has provided written notice of the                              
     intent to sue to the attorney general.                                                         
      (b)  Subject to appropriation, as necessary, up to 50 percent                                 
     and not less than 25 percent of any fines, penalties or other funds                            
     recovered as a result of enforcement of AS 46.03.460 - 46.03.490                               
     shall be paid to the person or entity, other than the defendant,                               
     providing information sufficient to commence an investigation                                  
     and enforcement of AS 46.03.460 - 46.03.490 under this                                         
     provision.                                                                                     
   * Sec. 16.  AS 46.03.760 is amended by adding a new subsection to                              
read:                                                                                               
      (g)  An owner, agent, employee or operator of a commercial                                    
     passenger vessel as defined in AS 43.52.199 who falsifies a                                    
     registration or report required by AS 46.03.460 or 46.03.475 or                                
     who violates or causes or permits to be violated a provision of AS                             
     46.03.250 - 46.03.313, AS 46.03.460 - 46.03.490, AS 46.14, or a                                
     regulation, a lawful order of the department, or a permit, approval,                           
     or acceptance, or term or condition of a permit, approval, or                                  
     acceptance issued under AS 46.03.250 - 46.03.314, AS 46.03.460                                 
     - 46.03.490, or AS 46.14 is liable, in a civil action, to the state for                        
     a sum to be assessed by the court of not less than $5,000 nor more                             
     than $100,000 for the initial violation, nor more than $10,000 for                             
     each day after that on which the violation continues, and that shall                           
     reflect, when applicable,                                                                      

2005-05-09                     House Journal                      Page 1850
       (1)  reasonable compensation in the nature of liquidated                                     
     damages for any adverse environmental effects caused by the                                    
     violation, that shall be determined by the court according to the                              
     toxicity, degradability, and dispersal characteristics of the                                  
     substance discharged, the sensitivity of the receiving environment,                            
     and the degree to which the discharge degrades existing                                        
     environmental quality; for a violation relating to AS 46.14, the                               
     court, in making its determination under this paragraph, shall also                            
     consider the degree to which the discharge causes harm to persons                              
     or property; this paragraph may not be construed to limit the right                            
     of parties other than the state to recover for personal injuries or                            
     damage to their property;                                                                      
       (2)  reasonable costs incurred by the state in detection,                                    
     investigation, and attempted correction of the violation;                                      
       (3)  the economic savings realized by the person in not                                      
     complying with the requirement for which a violation is charged;                               
     and                                                                                            
       (4)  the need for an enhanced civil penalty to deter future                                  
     noncompliance.                                                                                 
   * Sec. 17.  AS 46.03.463(d) and 46.03.463(g) are repealed.                                     
   * Sec. 18.  Sections 3 and 5, ch. 153, SLA 2004, are repealed.                                 
   * Sec. 19.  The uncodified law of the State of Alaska is amended by                            
adding a new section to read:                                                                       
 TRANSITION:  REGULATIONS.  The Department of Revenue                                               
may proceed to adopt regulations to implement sec. 3 of this Act.  The                              
regulations take effect under AS 44.62 (Administrative Procedure                                    
Act), but not before the effective date of sec. 3 of this Act.                                      
   * Sec. 20.  The uncodified law of the State of Alaska is amended by                            
adding a new section to read:                                                                       
 SEVERABILITY.  Any portion of this legislation that is declared                                    
unlawful shall be stricken in a manner that preserves the remaining                                 
portion of the remaining legislation to the maximum extent possible.                                
   * Sec. 21.  The uncodified law of the State of Alaska is amended by                            
adding a new section to read:                                                                       
 REVISOR'S INSTRUCTION:  The revisor of statutes shall                                              
substitute "AS 43.52.010 - 43.52.099" for "this chapter" wherever "this                             
chapter" occurs in AS 43.52.010 - 43.52.099.                                                        
   * Sec. 22.  Section 16, ch. 153, SLA 2004, is amended to read:                                 
Sec. 16.  Sections [3, 5,] 8, 10, 12, and 13 of this Act take effect                                
January 1, 2016.                                                                                    

2005-05-09                     House Journal                      Page 1851
   * Sec. 23.  This Act takes effect immediately under                                            
AS 01.10.070(c)."                                                                                   
                                                                                                    
Representative Gatto moved and asked unanimous consent that                                         
Amendment No. 4 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected and rose to a point of order citing                                
Rule 35 of the Uniform Rules.                                                                       
                                                                                                    
The Speaker ruled that the amendment was in order.                                                  
                                                                                                    
Representative Ramras placed a call of the House.                                                   
                                                                                                    
The call was satisfied.                                                                             
                                                                                                    
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS SB 174(FIN) am H                                                                                
Second Reading                                                                                      
Amendment No. 4                                                                                     
                                                                                                    
YEAS:  7   NAYS:  29   EXCUSED:  4   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Cissna, Gara, Gardner, Gatto, Guttenberg, Kerttula                                
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Croft, Dahlstrom, Elkins, Foster,                               
Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kohring, Kott, LeDoux,                                 
Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg,                                       
Salmon, Samuels, Stoltze, Thomas, Wilson                                                            
                                                                                                    
Excused:  Crawford, Gruenberg, Seaton, Weyhrauch                                                    
                                                                                                    
And so, Amendment No. 4 was not adopted.                                                            
                                                                                                    
                                                                                                    
The question being:  "Shall HCS SB 174(FIN) am H pass the House?"                                   
The roll was taken with the following result:                                                       
                                                                                                    
HCS SB 174(FIN) am H                                                                                
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  35   NAYS:  1   EXCUSED:  4   ABSENT:  0                                                   
                                                                                                    

2005-05-09                     House Journal                      Page 1852
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Croft,                                       
Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Guttenberg, Harris,                                
Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott,                                       
LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras,                                         
Salmon, Samuels, Stoltze, Thomas, Wilson                                                            
                                                                                                    
Nays:  Rokeberg                                                                                     
                                                                                                    
Excused:  Crawford, Gruenberg, Seaton, Weyhrauch                                                    
                                                                                                    
And so, HCS SB 174(FIN) am H 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 Croft gave notice of reconsideration of the vote on                                  
HCS SB 174(FIN) am H.                                                                               
                                                                                                    
The Speaker stated that, without objection, the House would recess to                               
3:00 p.m.; and so, the House recessed at 12:07 p.m.                                                 
                                                                                                    
                                AFTER RECESS                                                     
                                                                                                    
The Speaker called the House back to order at 5:00 p.m.                                             
                                                                                                    
                     CONSIDERATION OF THE DAILY CALENDAR                                         
                                 (continued)                                                       
                                                                                                    
                     SECOND READING OF HOUSE RESOLUTIONS                                         
                                                                                                    
HCR 18                                                                                            
The following, which was held over from the May 8, 2005, calendar                                   
(page 1818), was read the second time:                                                              
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 18                                                             
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                 
     the Alaska State Legislature, concerning Senate Bill No. 174,                                  
     excluding certain trucks from the definition of "passenger vehicle"                            
     for purposes of the passenger vehicle rental tax.                                              
                                                                                                    

2005-05-09                     House Journal                      Page 1853
**The presence of Representatives Gruenberg and Seaton, who were                                    
excused (page 1827), was noted.                                                                     
                                                                                                    
The question being:  "Shall HCR 18 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HCR 18                                                                                              
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  32   NAYS:  0   EXCUSED:  0   ABSENT:  8                                                   
                                                                                                    
Yeas:  Chenault, Cissna, Coghill, Croft, Dahlstrom, Elkins, Foster,                                 
Gara, Gardner, Gatto, Gruenberg, Harris, Hawker, Holm, Joule,                                       
Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, Meyer,                                       
Neuman, Olson, Rokeberg, Salmon, Samuels, Seaton, Stoltze,                                          
Thomas, Wilson                                                                                      
                                                                                                    
Absent:  Anderson, Berkowitz, Crawford, Guttenberg, McGuire,                                        
Moses, Ramras, Weyhrauch                                                                            
                                                                                                    
And so, HCR 18 passed the House.                                                                    
                                                                                                    
Representative Croft gave notice of reconsideration of the vote on                                  
HCR 18.                                                                                             
                                                                                                    
**The presence of Representative Weyhrauch, who was excused (page                                   
1827), was noted.                                                                                   
                                                                                                    
                               RECONSIDERATION                                                   
                                                                                                    
SB 147                                                                                            
Representative Weyhrauch brought up reconsideration of the vote on                                  
HCS CSSB 147(RLS)(fld H) (page 1810).                                                               
                                                                                                    
The following was again before the House in third reading:                                          
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 147(RLS)                                                   
     "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."                                                                                     

2005-05-09                     House Journal                      Page 1854
                                                                                                    
Representative Holm placed a call of the House.                                                     
                                                                                                    
**The presence of Representative Crawford was noted.                                                
                                                                                                    
The Speaker stated the call was satisfied.                                                          
                                                                                                    
The question to be reconsidered:  "Shall HCS CSSB 147(RLS) pass                                     
the House?"  The roll was taken with the following result:                                          
                                                                                                    
HCS CSSB 147(RLS)--RECONSIDERATION                                                                  
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  24   NAYS:  16   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Elkins, Foster, Gruenberg,                                      
Guttenberg, Harris, Hawker, Holm, Joule, Kelly, Kerttula, Kott,                                     
McGuire, Moses, Neuman, Olson, Rokeberg, Samuels, Seaton,                                           
Thomas, Weyhrauch, Wilson                                                                           
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner,                                
Gatto, Kapsner, Kohring, LeDoux, Lynn, Meyer, Ramras, Salmon,                                       
Stoltze                                                                                             
                                                                                                    
And so, HCS CSSB 147(RLS) passed the House on reconsideration                                       
and was referred to the Chief Clerk for engrossment.                                                
                                                                                                    
                                                                                                    
The Speaker stated that, without objection, the House would revert to:                              
                                                                                                    
                         MESSAGES FROM THE GOVERNOR                                              
                                                                                                    
The following Governor's proclamation, dated May 9, 2005, was read:                                 
                                                                                                    
"Under the authority of art. II, sec. 9, and art. III, sec. 17, of the Alaska                       
Constitution, and in the public interest, I call the Twenty-Fourth                                  
legislature of the State of Alaska into its first special session at Juneau,                        
Alaska in the legislative chambers on May 11, 2005, at 10:00 a.m. to                                
consider the passage of bills on subjects germane to the titles of the                              
following bills while those bills were under consideration by the                                   
Senate and House of Representatives during the first regular session:                               
                                                                                                    

2005-05-09                     House Journal                      Page 1855
     1. Senate Bill 46 - capital appropriations and appropriations to                               
      capitalize funds;                                                                             
     2. Senate Bill 130 - workers' compensation;                                                    
     3. Senate Bill 141 - teachers' and public employees' retirement                                
      systems;                                                                                      
     4. House Bill 1 - base student allocation used in the formula for                              
      state funding of public education;                                                            
     5. House Bill 66 - appropriations for operating and capital                                    
      expenses of the states' integrated comprehensive mental                                       
      health program;                                                                               
     6. House Bill 67 - appropriations for the operating and loan                                   
      program expenses of state government; and                                                     
     7.  Senate Bill 97 - supplemental, capital, and other                                          
      appropriations, and reappropriations.                                                         
                                                                                                    
                                  Done by,                                                         
                                 /s/                                                                
                                 Frank H. Murkowski                                                 
                                  Governor"                                                        
                                                                                                    
                                                                                                    
Representative Berkowitz asked if the special session was specific to                               
the bill numbers and requested a ruling of the Chair .                                              
                                                                                                    
The Speaker ruled that the special session is on subjects germane to                                
the titles of the bills.                                                                            
                                                                                                    
                                                                                                    
                       REPORTS OF STANDING COMMITTEES                                            
                                                                                                    
SB 137                                                                                            
The Judiciary 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:                                                                 

2005-05-09                     House Journal                      Page 1856
                                                                                                    
     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."                             
                                                                                                    
     (HCR 14 - title change resolution)                                                             
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Kott, McGuire                                                                         
                                                                                                    
No recommendation (3):  Gruenberg, Coghill, Gara                                                    
                                                                                                    
Amend (1):  Anderson                                                                                
                                                                                                    
The following fiscal note(s) apply to HCS SB 137(L&C):                                              
                                                                                                    
1.  Zero, Dept. of Law                                                                              
                                                                                                    
SB 137 is on today's first supplemental calendar.                                                   
                                                                                                    
                        REPORTS OF SPECIAL COMMITTEES                                            
                                                                                                    
SB 141                                                                                            
The Conference Committee considering:                                                               
                                                                                                    
              HOUSE CS FOR CS FOR SENATE BILL NO. 141(FIN) am H                                    
     "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                                

2005-05-09                     House Journal                      Page 1857
     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."                                                              
                                                                                                    
and                                                                                                 
                                                                                                    
     CS FOR SENATE BILL NO. 141(FIN)                                                                
     (same title)                                                                                   
                                                                                                    
did not come to agreement on Sections 35 - 50, Sections 132 - 133, AS                               
14.25.315 in Section 32, and AS 39.35.705 in Section 120 and                                        
respectfully requests that a Free Conference Committee be appointed.                                
                                                                                                    
The request was signed by Representatives Seaton, Weyhrauch,                                        
Crawford; and Senators Green (Chair), Seekins, Olson.                                               
                                                                                                    
The Conference Committee with limited powers was discharged.  The                                   
Speaker later appointed the Free Conference Committee members.                                      
                                                                                                    
                       SECOND READING OF SENATE BILLS                                            
                                 (continued)                                                       
                                                                                                    
SB 135                                                                                            
The following, which was moved to the bottom of the calendar (page                                  
1837), was read the second time:                                                                    
                                                                                                    
     CS FOR SENATE BILL NO. 135(JUD)(efd am)                                                        
     "An Act relating to the crimes of assault and custodial                                        
     interference; and providing for an effective date."                                            
                                                                                                    
with the:                                                      Journal Page                         
                                                                                                    
 JUD RPT 5DP 1NR 1AM                                                    1680                        
 FN1: ZERO(ADM)                                                         1680                        

2005-05-09                     House Journal                      Page 1858
 FN2: ZERO(CRT)                                                         1680                        
 FN3: ZERO(LAW)                                                         1680                        
 FIN RPT 2DP 4NR 1AM                                                    1831                        
 FN1: ZERO(ADM)                                                         1832                        
 FN2: ZERO(CRT)                                                         1832                        
 FN3: ZERO(LAW)                                                         1832                        
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 1, line 13 through Page 2, line 1:                                                             
 Delete "would cause a reasonable caregiver to seek medical                                     
attention from a health care professional in the form of diagnosis                              
or treatment"                                                                                   
 Insert "causes disfigurement, impairment of health, or loss or                                 
impairment of the function of a body member or organ"                                           
                                                                                                    
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Coghill objected.                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSSB 135(JUD)(efd am)                                                                               
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  11   NAYS:  23   EXCUSED:  0   ABSENT:  6                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Guttenberg, Hawker, Joule,                                      
Kapsner, Kerttula, Kohring, Kott, Thomas                                                            
                                                                                                    
Nays:  Chenault, Coghill, Dahlstrom, Elkins, Foster, Gara, Gardner,                                 
Gatto, Gruenberg, Harris, Holm, Kelly, LeDoux, Lynn, McGuire,                                       
Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze                                    
                                                                                                    
Absent:  Anderson, Croft, Moses, Salmon, Weyhrauch, Wilson                                          
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    

2005-05-09                     House Journal                      Page 1859
Representative Coghill moved and asked unanimous consent that                                       
CSSB 135(JUD)(efd am) be considered engrossed, advanced to third                                    
reading, and placed on final passage.                                                               
                                                                                                    
There was objection.                                                                                
                                                                                                    
CSSB 135(JUD)(efd am) will advance to third reading on tomorrow's                                   
calendar.                                                                                           
                                                                                                    
SB 87                                                                                             
Representative McGuire moved and asked unanimous consent that the                                   
following, which was moved to the bottom of the calendar (page                                      
1838), be moved to the bottom of the calendar:                                                      
                                                                                                    
     HOUSE CS FOR SENATE BILL NO. 87(JUD)                                                           
     "An Act relating to motor vehicle safety belt violations."                                     
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
                   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 was adopted:                                                               
                                                                                                    
     HB  37  PUBLIC ACCESS TO FISHING STREAMS                                                       
     SB 137  EVICTING INSTITUTIONAL PROPERTY USERS                                                  
     HCR 14  SUSPEND UNIFORM RULES FOR SB 137                                                       
                                                                                                    
                                                                                                    
                        SECOND READING OF HOUSE BILLS                                            
                                                                                                    
HB 37                                                                                             
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 37                                                                              
     "An Act relating to public access to fishing streams."                                         
                                                                                                    

2005-05-09                     House Journal                      Page 1860
with the:                                                      Journal Page                         
                                                                                                    
 FSH RPT CS(FSH) NT 2DP 1DNP 2NR                                        1104                        
 FN1: ZERO(DFG)                                                         1104                        
 FN2: (DNR)                                                             1104                        
 RES RPT CS(RES) NT 2DP 3NR                                             1253                        
 FN1: ZERO(DFG)                                                         1253                        
 FN2: (DNR)                                                             1253                        
 FIN RPT CS(FIN) NT 3DP 6NR 1AM                                         1759                        
 FN1: ZERO(DFG)                                                         1759                        
 FN3: ZERO(H.FIN/DNR)                                                   1759                        
                                                                                                    
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. 37(FIN)                                                                  
     "An Act relating to voluntary land trades and purchases to                                     
     enhance public access to fishing streams."                                                     
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representatives Gara and Kelly:                                      
                                                                                                    
Page 1, line 14, following "desirable":                                                             
 Insert "foot, motorized, or other"                                                                 
                                                                                                    
Page 2, line 3, following "fishing or":                                                             
 Insert "other"                                                                                     
                                                                                                    
Page 2, line 13:                                                                                    
 Delete "by foot"                                                                                   
                                                                                                    
Page 2, line 26, following "support a":                                                             
 Insert "sport,"                                                                                    
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 1 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    

2005-05-09                     House Journal                      Page 1861
Representative Coghill moved and asked unanimous consent that                                       
CSHB 37(FIN) am be considered engrossed, advanced to third                                          
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
CSHB 37(FIN) am was read the third time.                                                            
                                                                                                    
The question being:  "Shall CSHB 37(FIN) am pass the House?"  The                                   
roll was taken with the following result:                                                           
                                                                                                    
CSHB 37(FIN) am                                                                                     
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
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, Joule, Kapsner, Kelly, Kerttula,                                  
Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson,                                         
Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch                                       
                                                                                                    
Nays:  Salmon                                                                                       
                                                                                                    
Absent:  Moses, Wilson                                                                              
                                                                                                    
And so, CSHB 37(FIN) am passed the House.                                                           
                                                                                                    
Representative Gara moved and asked unanimous consent that the                                      
House adopt the following letter of intent:                                                         
                                                                                                    
"It is the intent of the legislature to ensure Alaskans retain ample                                
public access to Alaska's fishing streams.  While the state has retained                            
public access to and along important recreational waters when land has                              
been transferred under current law, land sales and disposals under                                  
prior laws or by the federal government to private landowners resulted                              
in hampered or no legal public access to important fishing waters in                                
the state. It is in the interest of the state to try to negotiate land or                           
easement purchases or trades for property along important fishing and                               
recreational waters, with willing landowners in a voluntary manner,                                 
before it becomes too expensive to accomplish the goal of preserving                                
and protecting public access to and along the state's important fishing                             
waters.                                                                                             

2005-05-09                     House Journal                      Page 1862
It is also the intent of the Legislature that, in implementing this Act,                            
the Department of Natural Resources and the Department of Fish and                                  
Game may not be placed under strictures or be subject to appeal rules                               
that would add undue cost to this program."                                                         
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
CSHB 37(FIN) am was referred to the Chief Clerk for engrossment.                                    
                                                                                                    
                                                                                                    
                       SECOND READING OF SENATE BILLS                                            
                                                                                                    
SB 137                                                                                            
The following was read the second time:                                                             
                                                                                                    
     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."                                                   
                                                                                                    
with the:                                                      Journal Page                         
                                                                                                    
 L&C RPT HCS(L&C) NT 3DP 4NR                                            1419                        
 FN1: ZERO(LAW)                                                         1420                        
 JUD RPT HCS(L&C) NT 2DP 3NR 1AM                                        1855                        
 FN1: ZERO(LAW)                                                         1856                        
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     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."                             
                                                                                                    
     (HCR 14 - title change resolution)                                                             
                                                                                                    

2005-05-09                     House Journal                      Page 1863
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that HCS                                   
SB 137(L&C) be considered engrossed, advanced to third reading, and                                 
placed on final passage.                                                                            
                                                                                                    
There was objection.                                                                                
                                                                                                    
HCS SB 137(L&C) will advance to third reading on tomorrow's                                         
calendar.                                                                                           
                                                                                                    
                                                                                                    
                     SECOND READING OF HOUSE RESOLUTIONS                                         
                                                                                                    
HCR 14                                                                                            
The Speaker stated that, without objection, the following would be                                  
held to tomorrow's calendar:                                                                        
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 14                                                             
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                 
     the Alaska State Legislature, concerning Senate Bill No. 137,                                  
     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.                                                    
                                                                                                    
                               RECONSIDERATION                                                   
                                                                                                    
SB 158                                                                                            
Representative Coghill brought up reconsideration of the vote on                                    
SB 158(efd fld H) (page 1724).                                                                      
                                                                                                    
The following, which had been held on reconsideration (page 1818),                                  
was again before the House in third reading:                                                        
                                                                                                    
     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."                                                              
                                                                                                    

2005-05-09                     House Journal                      Page 1864
Representative Coghill moved and asked unanimous consent that                                       
SB 158 be returned to second reading for the specific purpose of                                    
considering Amendment No. 1.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
Amendment No. 1 was offered  by Representatives Harris and Coghill:                                  
                                                                                                    
Page 1, line 1, following "Act" (title amendment):                                                
 Insert "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; and"                               
                                                                                                    
Page 1, following line 3:                                                                           
 Insert a new bill section to read:                                                                 
"* Section 1.  AS 14.17.510(a) is amended to read:                                                
      (a)  To determine the amount of required local contribution                                   
     under AS 14.17.410(b)(2) and to aid the department and the                                     
     legislature in planning, the Department of Commerce,                                           
     Community, and Economic Development, in consultation with the                                  
     assessor for each district in a city or borough, shall determine the                           
     full and true value of the taxable real and personal property in                               
     each district in a city or borough.  If there is no local assessor or                          
     current local assessment for a city or borough school district, then                           
     the Department of Commerce, Community, and Economic                                            
     Development shall make the determination of full and true value                                
     from information available.  In making the determination, the                                  
     Department of Commerce, Community, and Economic                                                
     Development shall be guided by AS 29.45.110.  However, the                                 
     full and true value of taxable real and personal property in                               
     any area detached shall be excluded from the determination of                              
     the full and true value of the municipality from which the                                 
     property was detached for the two years immediately                                        
     preceding the effective date of the detachment.  Also, in                                  
     making the determination for a municipality that is a school                               

2005-05-09                     House Journal                      Page 1865
     district, or for a city that is within a borough school district,                          
     the assessed value of property taxable under AS 43.56 shall be                             
     excluded if a tax is not levied under AS 29.45.080 by the                                  
     municipality that is the school district.  The determination of                            
     full and true value shall be made by October 1 and sent by                                     
     certified mail, return receipt requested, on or before that date to                            
     the president of the school board in each city or borough school                               
     district. Duplicate copies shall be sent to the commissioner.  The                             
     governing body of a city or borough that is a school district may                              
     obtain judicial review of the determination.  The superior court                               
     may modify the determination of the Department of Commerce,                                    
     Community, and Economic Development only upon a finding of                                     
     abuse of discretion or upon a finding that there is no substantial                             
     evidence to support the determination."                                                        
                                                                                                    
Page 1, line 4:                                                                                     
 Delete "Section 1"                                                                               
 Insert "Sec. 2"                                                                                  
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
Amendment No. 1 was adopted and the new title follows:                                              
                                                                                                    
     SENATE BILL NO. 158 am H                                                                       
     "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; and                             
     prohibiting the imposition of municipal sales and use taxes on                                 
     state construction contracts and certain subcontracts; and                                     
     providing for an effective date."                                                              
                                                                                                    

2005-05-09                     House Journal                      Page 1866
The Speaker stated that, without objection, the House would recess to                               
7:15 p.m.; and so, the House recessed at 6:37 p.m.                                                  
                                                                                                    
                                                                                                    
                                AFTER RECESS                                                     
                                                                                                    
The Speaker called the House back to order at 8:25 p.m.                                             
                                                                                                    
                                                                                                    
                               RECONSIDERATION                                                   
                                 (continued)                                                       
                                                                                                    
SB 158                                                                                            
SB 158 am H was again before the House in third reading.                                            
                                                                                                    
                                                                                                    
The question to be reconsidered:  "Shall SB 158 am H pass the                                       
House?"  The roll was taken with the following result:                                              
                                                                                                    
SB 158 am H--RECONSIDERATION                                                                        
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  0   ABSENT:  3                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg,                                  
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula,                                  
Kott, LeDoux, Lynn, McGuire, Moses, Neuman, Olson, Ramras,                                          
Rokeberg, Salmon, Samuels, Stoltze, Thomas, Weyhrauch, Wilson                                       
                                                                                                    
Absent:  Kohring, Meyer, Seaton                                                                     
                                                                                                    
And so, SB 158 am H passed the House on reconsideration.                                            
                                                                                                    
                                                                                                    
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.                                
                                                                                                    
SB 158 am H was referred to the Chief Clerk for engrossment.                                        
                                                                                                    

2005-05-09                     House Journal                      Page 1867
                          SPECIAL ORDER OF BUSINESS                                              
                                                                                                    
HCR 22                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
following be taken up as a Special Order of Business:                                               
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 22                                                             
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                 
     the Alaska State Legislature, concerning Senate Bill No. 158,                                  
     prohibiting the imposition of sales and use taxes on state                                     
     construction contracts and certain subcontracts.                                               
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
The question being:  "Shall HCR 22 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HCR 22                                                                                              
Special Order of Business                                                                           
                                                                                                    
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,                                  
Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson,                                           
Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                         
Weyhrauch, Wilson                                                                                   
                                                                                                    
Absent:  Kohring                                                                                    
                                                                                                    
And so, HCR 22 passed the House and was referred to the Chief Clerk                                 
for engrossment.                                                                                    
                                                                                                    
                     CONSIDERATION OF THE DAILY CALENDAR                                         
                                 (continued)                                                       
                                                                                                    
                        THIRD READING OF SENATE BILLS                                            
                                 (continued)                                                       
                                                                                                    
SB 87                                                                                             
The following, which was moved to the bottom of the calendar (page                                  
1859), was again before the House:                                                                  
                                                                                                    

2005-05-09                     House Journal                      Page 1868
     HOUSE CS FOR SENATE BILL NO. 87(JUD)                                                           
     "An Act relating to motor vehicle safety belt violations."                                     
                                                                                                    
Representative Dahlstrom moved and asked unanimous consent that                                     
HCS SB 87(JUD) be returned to second reading for the specific                                       
purpose of considering Amendment No. 1.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    
Amendment No. 1 was offered  by Representative Dahlstrom:                                            
                                                                                                    
Page 2, lines 8 - 13:                                                                               
 Delete all material.                                                                               
                                                                                                    
Renumber the following bill section accordingly.                                                    
                                                                                                    
Representative Dahlstrom moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative McGuire objected.                                                                    
                                                                                                    
Representative McGuire placed a call of the House on the bill.                                      
                                                                                                    
The call was satisfied.                                                                             
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS SB 87(JUD)                                                                                      
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  18   NAYS:  22   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Chenault, Cissna, Coghill, Crawford, Dahlstrom, Elkins,                                      
Gardner, Gatto, Guttenberg, Holm, Kohring, Kott, LeDoux, Lynn,                                      
Neuman, Ramras, Stoltze, Thomas                                                                     
                                                                                                    
Nays:  Anderson, Berkowitz, Croft, Foster, Gara, Gruenberg, Harris,                                 
Hawker, Joule, Kapsner, Kelly, Kerttula, McGuire, Meyer, Moses,                                     
Olson, Rokeberg, Salmon, Samuels, Seaton, Weyhrauch, Wilson                                         
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            

2005-05-09                     House Journal                      Page 1869
Amendment No. 2 and Amendment No. 3 were not offered.                                               
                                                                                                    
Representative Stoltze moved and asked unanimous consent that HCS                                   
SB 87(JUD) be returned to second reading for the specific purpose of                                
considering Amendment No. 5.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
Amendment No. 5 was offered  by Representative Stoltze:                                              
                                                                                                    
Page 1, line 1, following "violations" (title amendment):                                         
 Insert "; and providing for an effective date"                                                   
                                                                                                    
Page 2, following line 13:                                                                          
 Insert a new bill section to read:                                                                 
"* Sec. 4.  AS 28.05.095(e) is amended to read:                                                   
         (e)  Notwithstanding any other provision of law, a peace                                   
     officer may not stop or detain a motor vehicle to determine                                    
     compliance with (a) of this section, or issue a citation for a                                 
     violation of (a) of this section, unless the peace officer has                                 
     probable cause to stop or detain the motor vehicle other than for                          
     a violation of (a) of this section."                                                       
                                                                                                    
Renumber the following bill section accordingly.                                                    
                                                                                                    
Page 2, following line 18:                                                                          
 Insert new bill sections to read:                                                                  
"* Sec. 6.  AS 28.05.095(f) is repealed.                                                          
   * Sec. 7.  Sections 1 - 3 and 5 of this Act take effect July 1, 2005.                          
   * Sec. 8.  Sections 4 and 6 of this Act take effect June 30, 2008."                            
                                                                                                    
Representative Stoltze moved and asked unanimous consent that                                       
Amendment No. 5 be adopted.                                                                         
                                                                                                    
Representative McGuire objected.                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 5 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS SB 87(JUD)                                                                                      
Second Reading                                                                                      
Amendment No. 5                                                                                     
                                                                                                    

2005-05-09                     House Journal                      Page 1870
YEAS:  19   NAYS:  21   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Chenault, Coghill, Crawford, Dahlstrom, Elkins, Gardner,                                     
Gatto, Guttenberg, Harris, Holm, Kohring, Kott, LeDoux, Lynn,                                       
Meyer, Neuman, Ramras, Stoltze, Thomas                                                              
                                                                                                    
Nays:  Anderson, Berkowitz, Cissna, Croft, Foster, Gara, Gruenberg,                                 
Hawker, Joule, Kapsner, Kelly, Kerttula, McGuire, Moses, Olson,                                     
Rokeberg, Salmon, Samuels, Seaton, Weyhrauch, Wilson                                                
                                                                                                    
And so, Amendment No. 5 was not adopted.                                                            
                                                                                                    
Representative Stoltze moved and asked unanimous consent that HCS                                   
SB 87(JUD) be returned to second reading for the specific purpose of                                
considering Amendment No. 4.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
Amendment No. 4 was offered  by Representative Stoltze:                                              
                                                                                                    
Page 1, following line 2:                                                                           
 Insert a new bill section to read:                                                                 
   "* Section 1.  AS 18.80.060(a) is amended to read:                                             
      (a)  In addition to the other powers and duties prescribed by                                 
     this chapter, the commission shall                                                             
       (1)  appoint an executive director approved by the                                           
     governor;                                                                                      
       (2)  hire other administrative staff as may be necessary to                                  
     the commission's function;                                                                     
       (3)  exercise general supervision and direct the activities                                  
     of the executive director and other administrative staff;                                      
       (4)  accept complaints under AS 18.80.100;                                                   
       (5)  study the problems of discrimination in all or specific                                 
     fields of human relationships, foster through community effort or                              
     goodwill, cooperation and conciliation among the groups and                                    
     elements of the population of the state, and publish results of                                
     investigations and research as in its judgment will tend to                                    
     eliminate discrimination because of race, religion, color, national                            
     ancestry, physical or mental disability, age, sex, marital status,                             
     changes in marital status, pregnancy, or parenthood;                                           
       (6)  make an overall assessment, at least once every three                                   
     years, of the progress made toward equal employment opportunity                                

2005-05-09                     House Journal                      Page 1871
     by every department of state government; results of the                                        
     assessment shall be included in the annual report made under AS                                
     18.80.150;                                                                                     
       (7)  annually study the demographics of the                                              
     application of the primary seat belt law provided for in AS                                
     28.05.095(a) and compile a report that identifies who and what                             
     groups are being found to be in violation of the law and                                   
     identifies the violations by areas of the state; the commission                            
     shall include this report with its annual report to the                                    
     legislature required by AS 18.80.150."                                                     
                                                                                                    
Page 1, line 3:                                                                                     
 Delete "Section 1"                                                                               
 Insert "Sec. 2"                                                                                  
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Representative Stoltze moved and asked unanimous consent that                                       
Amendment No. 4 be adopted.                                                                         
                                                                                                    
Representative McGuire objected.                                                                    
                                                                                                    
Representative Stoltze moved and asked unanimous consent to                                         
withdraw Amendment No. 4.  There being no objection, it was so                                      
ordered.                                                                                            
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
HCS SB 87(JUD) be returned to second reading for the specific                                       
purpose of considering Amendment No. 6.                                                             
                                                                                                    
Representative Dahlstrom objected.                                                                  
                                                                                                    
The question being:  "Shall HCS SB 87(JUD) be returned to second                                    
reading for the specific purpose of considering Amendment No. 6?"                                   
The roll was taken with the following result:                                                       
                                                                                                    
HCS SB 87(JUD)                                                                                      
Third Reading                                                                                       
Return to Second for Amendment No. 6                                                                
                                                                                                    
YEAS:  35   NAYS:  5   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    

2005-05-09                     House Journal                      Page 1872
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris,                                 
Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, LeDoux,                                     
Lynn, McGuire, Meyer, Moses, Olson, Ramras, Rokeberg, Salmon,                                       
Samuels, Seaton, Stoltze, Thomas, Wilson                                                            
                                                                                                    
Nays:  Dahlstrom, Elkins, Kott, Neuman, Weyhrauch                                                   
                                                                                                    
And so, HCS SB 87(JUD) was returned to second reading.                                              
                                                                                                    
                                                                                                    
Amendment No. 6 was offered  by Representatives McGuire and                                          
Gruenberg:                                                                                          
                                                                                                    
Page 2, lines 8 - 13:                                                                               
 Delete all material and insert:                                                                    
   "* Sec. 3.  AS 28.05.095(e) is amended to read:                                                
         (e)  Notwithstanding any other provision of law, a peace                                   
     officer may not stop or detain a motor vehicle being operated in                           
     a rural area to determine compliance with (a) of this section, or                          
     issue a citation for a violation of (a) of this section, unless the                            
     peace officer has probable cause to stop or detain the motor                                   
     vehicle other than for a violation of (a) of this section or the                           
     violation occurred within a rural area that is a municipality                              
     and that municipality has enacted an ordinance providing that                              
     a violation of (a) of this section is a primary offense.  In this                          
     subsection, "rural area" means a community                                                 
                (1)  with a population of 5,000 or less; and                                   
              (2)  that is not connected by road to Anchorage or                                
     Fairbanks."                                                                                
                                                                                                    
Representative McGuire moved and asked unanimous consent that                                       
Amendment No. 6 be adopted.                                                                         
                                                                                                    
Representative Dahlstrom objected.                                                                  
                                                                                                    
                                                                                                    
HCS SB 87(JUD)                                                                                      
Second Reading                                                                                      
Amendment No. 6                                                                                     
                                                                                                    
YEAS:  20   NAYS:  20   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    

2005-05-09                     House Journal                      Page 1873
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Crawford, Foster,                                     
Gara, Gardner, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula,                                     
LeDoux, McGuire, Rokeberg, Salmon, Samuels, Thomas, Wilson                                          
                                                                                                    
Nays:  Coghill, Croft, Dahlstrom, Elkins, Gatto, Harris, Hawker,                                    
Holm, Kelly, Kohring, Kott, Lynn, Meyer, Moses, Neuman, Olson,                                      
Ramras, Seaton, Stoltze, Weyhrauch                                                                  
                                                                                                    
And so, Amendment No. 6 was not adopted.                                                            
                                                                                                    
HCS SB 87(JUD) was automatically in third reading.                                                  
                                                                                                    
The question being:  "Shall HCS SB 87(JUD) pass the House?"  The                                    
roll was taken with the following result:                                                           
                                                                                                    
HCS SB 87(JUD)                                                                                      
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  21   NAYS:  19   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Crawford, Gara, Gruenberg,                                      
Harris, Hawker, Joule, Kapsner, Kerttula, McGuire, Meyer, Moses,                                    
Olson, Rokeberg, Salmon, Samuels, Seaton, Weyhrauch, Wilson                                         
                                                                                                    
Nays:  Chenault, Coghill, Croft, Dahlstrom, Elkins, Foster, Gardner,                                
Gatto, Guttenberg, Holm, Kelly, Kohring, Kott, LeDoux, Lynn,                                        
Neuman, Ramras, Stoltze, Thomas                                                                     
                                                                                                    
And so, HCS SB 87(JUD) passed the House.                                                            
                                                                                                    
                                                                                                    
Representative Dahlstrom gave notice of reconsideration of the vote                                 
on HCS SB 87(JUD).                                                                                  
                                                                                                    
                               RECONSIDERATION                                                   
                                                                                                    
SB 87                                                                                             
Representative Gruenberg moved and asked unanimous consent that                                     
reconsideration of HCS SB 87(JUD) be taken up on the same day.                                      
                                                                                                    
There was objection.                                                                                
                                                                                                    

2005-05-09                     House Journal                      Page 1874
Representative Gruenberg moved and asked unanimous consent to                                       
withdraw the motion.  There being no objection, it was so ordered.                                  
                                                                                                    
                            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 - Lieutenant General Carrol H. Chandler                                                    
By Representatives Dahlstrom, Harris, Anderson, Berkowitz,                                          
Chenault, Cissna, Coghill, Crawford, Croft, Elkins, Gara, Gardner,                                  
Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner,                                         
Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman,                                      
Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                  
Weyhrauch, Wilson                                                                                   
                                                                                                    
Honoring - John T. Kelsey                                                                           
By Representatives Harris, Anderson, Berkowitz, Chenault, Cissna,                                   
Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gatto,                                  
Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kerttula,                                      
Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson,                                         
Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                         
Weyhrauch, Wilson                                                                                   
                                                                                                    
Honoring - Stephen E. Branchflower                                                                  
By Representatives Samuels, Dahlstrom, Stoltze, Harris, Anderson,                                   
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Elkins, Gara,                                
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                         
Kapsner, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer,                                     
Neuman, Olson, Ramras, Rokeberg, Salmon, Seaton, Thomas,                                            
Weyhrauch, Wilson                                                                                   
                                                                                                    
Honoring - The Coast Guard Helicopter Crew Responding to the                                        
Selendang Ayu                                                                                       
By Representatives LeDoux, Harris, Anderson, Berkowitz, Chenault,                                   
Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner,                                 
Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner,                                         
Kerttula, Kohring, Kott, Lynn, McGuire, Meyer, Neuman, Olson,                                       
Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                         
Weyhrauch, Wilson; Senator Gary Stevens                                                             
                                                                                                    

2005-05-09                     House Journal                      Page 1875
Honoring - The North Pole Patriots, 2004 Alaska Football Champions                                  
By Representatives Coghill, Harris, Anderson, Berkowitz, Chenault,                                  
Cissna, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gatto,                                   
Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kerttula,                                      
Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson,                                         
Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                         
Weyhrauch, Wilson                                                                                   
                                                                                                    
Honoring - National Correctional Officers' Week, May 1 - 7, 2005                                    
By Representatives Harris, Anderson, Berkowitz, Chenault, Cissna,                                   
Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gatto,                                  
Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kerttula,                                      
Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson,                                         
Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                         
Weyhrauch, Wilson                                                                                   
                                                                                                    
Honoring - Gordon Jackson                                                                           
By Senator Elton; 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                                                                             
                                                                                                    
Honoring - Karl Schoeppe                                                                            
By Senator Elton; Representatives Kerttula, Weyhrauch, Harris,                                      
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg,                                     
Hawker, Holm, Joule, Kapsner, Kott, LeDoux, McGuire, Meyer,                                         
Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze,                                  
Thomas, Wilson                                                                                      
                                                                                                    
Honoring - Lisa B. Nelson                                                                           
By Senator Davis; Representatives Gara, Harris, Anderson, Berkowitz,                                
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins,                                      
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                         
Kapsner, Kerttula, Kott, LeDoux, McGuire, Meyer, Neuman, Olson,                                     
Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                         
Weyhrauch, Wilson                                                                                   
                                                                                                    

2005-05-09                     House Journal                      Page 1876
Honoring - Mark Chapman                                                                             
By Senator Therriault; Representatives Harris, Anderson, Berkowitz,                                 
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara,                                
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                         
Kapsner, Kerttula, Kott, LeDoux, McGuire, Meyer, Neuman, Olson,                                     
Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                         
Weyhrauch, Wilson                                                                                   
                                                                                                    
Honoring - Dorcas Lutz, 35 Years of Public Service                                                  
By Senator Davis; Representatives 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, Seaton, Stoltze, Thomas,                                  
Weyhrauch, Wilson                                                                                   
                                                                                                    
Honoring - St. Nicholas Russian Orthodox Church on its 110th                                        
Anniversary                                                                                         
By Senator Elton; Representatives Kerttula, Weyhrauch, Harris,                                      
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg,                                     
Hawker, Holm, Joule, Kapsner, Kohring, Kott, LeDoux, Lynn,                                          
McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon,                                            
Samuels, Seaton, Stoltze, Thomas, Wilson                                                            
                                                                                                    
In Memoriam - Twyla "Colleen" Bowers                                                                
By Representatives Kelly, Harris, Anderson, Berkowitz, Chenault,                                    
Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara,                                  
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                         
Kapsner, Kerttula, Kott, LeDoux, McGuire, Meyer, Neuman, Olson,                                     
Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                         
Weyhrauch, Wilson                                                                                   
                                                                                                    
In Memoriam - Arthur "Art" S. Buswell                                                               
By Representatives Kelly, Harris, Anderson, Berkowitz, Chenault,                                    
Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara,                                  
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                         
Kapsner, Kerttula, Kott, LeDoux, McGuire, Meyer, Neuman, Olson,                                     
Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                         
Weyhrauch, Wilson                                                                                   
                                                                                                    

2005-05-09                     House Journal                      Page 1877
In Memoriam - Raymond Leonard Callaway, Sr.                                                         
By Representatives Samuels, Harris, Anderson, Berkowitz, Chenault,                                  
Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara,                                  
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                         
Kapsner, Kerttula, Kott, LeDoux, McGuire, Meyer, Neuman, Olson,                                     
Ramras, Rokeberg, Salmon, Seaton, Stoltze, Thomas, Weyhrauch,                                       
Wilson                                                                                              
                                                                                                    
In Memoriam - Lance Corporal Jeremiah Colt Kinchen                                                  
By Representatives Harris, Dahlstrom, Anderson, Berkowitz,                                          
Chenault, Cissna, Coghill, Crawford, Croft, Elkins, Foster, Gara,                                   
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                         
Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire,                                     
Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels,                                     
Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                                          
                                                                                                    
In Memoriam - Edgar J. "Bud" Best                                                                   
By Representatives Stoltze, Kohring, Gatto, Neuman, Harris,                                         
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Dahlstrom, Elkins, Foster, Gara, Gardner, Gruenberg, Guttenberg,                                    
Hawker, Holm, Joule, Kapsner, Kerttula, Kott, LeDoux, Lynn,                                         
McGuire, Meyer, Olson, Ramras, Rokeberg, Salmon, Samuels,                                           
Seaton, Thomas, Weyhrauch, Wilson; Senators Green, Huggins                                          
                                                                                                    
In Memoriam - Amos Wallace                                                                          
By Senator Elton; 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                                                                             
                                                                                                    
In Memoriam - Barbara "Bobbie" Evelyn Rice                                                          
By Senator Elton; 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                                                                             
                                                                                                    

2005-05-09                     House Journal                      Page 1878
In Memoriam - Jesse Ward Robinson                                                                   
By Senator Wagoner; Representatives Olson, Chenault, Harris,                                        
Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker,                                
Holm, Joule, Kapsner, Kerttula, Kott, LeDoux, McGuire, Meyer,                                       
Neuman, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze,                                         
Thomas, Weyhrauch, Wilson                                                                           
                                                                                                    
In Memoriam - Fowler "Red" K. Starr                                                                 
By Senator Green; Representatives Stoltze, Harris, Anderson,                                        
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker,                                
Holm, Joule, Kapsner, Kerttula, Kohring, Kott, LeDoux, McGuire,                                     
Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton,                                    
Thomas, Weyhrauch, Wilson                                                                           
                                                                                                    
In Memoriam - Paul Robert Emerson                                                                   
By Senator Elton; 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                                                                             
                                                                                                    
In Memoriam - Jerry Harlan Harper                                                                   
By Senator Ellis; Representatives Gara, Harris, Anderson, Berkowitz,                                
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster,                              
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                         
Kapsner, Kerttula, Kott, LeDoux, McGuire, Meyer, Neuman, Olson,                                     
Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                         
Weyhrauch, Wilson                                                                                   
                                                                                                    
In Memoriam - Simeon Nick Askoak                                                                    
By Senator Kookesh; Representatives Salmon, Harris, Anderson,                                       
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker,                                
Holm, Joule, Kapsner, Kerttula, Kott, LeDoux, McGuire, Meyer,                                       
Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze,                                          
Thomas, Weyhrauch, Wilson                                                                           
                                                                                                    

2005-05-09                     House Journal                      Page 1879
In Memoriam - Gertrude "Helen" Brown                                                                
By Senator Davis; Representatives Harris, Anderson, Berkowitz,                                      
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster,                              
Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                   
Kapsner, Kerttula, Kott, LeDoux, McGuire, Meyer, Neuman, Olson,                                     
Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas,                                         
Weyhrauch, Wilson                                                                                   
                                                                                                    
In Memoriam - Roberta Fraser Johnson                                                                
By Senator Elton; 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                                                                             
                                                                                                    
The Speaker stated that, without objection, the House would revert to:                              
                                                                                                    
                          MESSAGES FROM THE SENATE                                               
                                                                                                    
SB 141                                                                                            
The Conference Committee with limited powers of free conference                                     
considering:                                                                                        
                                                                                                    
              HOUSE CS FOR CS FOR SENATE BILL NO. 141(FIN) am H                                    
     "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                                     

2005-05-09                     House Journal                      Page 1880
     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."                                                              
                                                                                                    
and                                                                                                 
                                                                                                    
     CS FOR SENATE BILL NO. 141(FIN)                                                                
     (same title)                                                                                   
                                                                                                    
did not come to agreement.                                                                          
                                                                                                    
The President appointed the following members to a Free Conference                                  
Committee to meet with a like committee from the House to consider                                  
the bills:                                                                                          
                                                                                                    
 Senator Stedman, Chair                                                                             
 Senator Wilken                                                                                     
 Senator Elton                                                                                      
                                                                                                    
The President granted the Committee the powers of free conference.                                  
                                                                                                    
The Speaker appointed the following members to a Free Conference                                    
Committee to meet with a like committee from the Senate to consider                                 
the bills (page 1856):                                                                              
                                                                                                    
 Representative Kelly                                                                               
 Representative Hawker                                                                              
 Representative Kerttula                                                                            
                                                                                                    
The Speaker granted the Committee the powers of free conference.                                    
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
SB 36                                                                                             
A message dated May 9, 2005, was read stating the Senate has failed                                 
to concur in the House amendment to CSSB 36(JUD), namely:                                           
                                                                                                    
              HOUSE CS FOR CS FOR SENATE BILL NO. 36(JUD) am H                                     
     "An Act relating to absentee ballots."                                                         
                                                                                                    

2005-05-09                     House Journal                      Page 1881
and respectfully requests the House to recede from its amendment.                                   
                                                                                                    
In the event the House fails to recede, the President appointed the                                 
following members to a Conference Committee to meet with a like                                     
committee from the House to consider the bills:                                                     
                                                                                                    
 Senator Therriault, Chair                                                                          
 Senator Huggins                                                                                    
 Senator Kookesh                                                                                    
                                                                                                    
                                   RECEDE                                                        
                                                                                                    
SB 36                                                                                             
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message.  There being no objection, it was                                
so ordered.                                                                                         
                                                                                                    
Representative Coghill moved that the House recede from its                                         
amendment to CSSB 36(JUD), namely HCS CSSB 36(JUD) am H,                                            
and recommended that the members vote no.                                                           
                                                                                                    
The question being:  "Shall the House recede from its amendment to                                  
CSSB 36(JUD)?"  The roll was taken with the following result:                                       
                                                                                                    
HCS CSSB 36(JUD) am H                                                                               
Recede                                                                                              
                                                                                                    
YEAS:  0   NAYS:  37   EXCUSED:  0   ABSENT:  3                                                   
                                                                                                    
Nays:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Foster, Gara, Gardner, Gatto, Gruenberg,                                          
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring,                                
Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras,                                          
Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch,                                      
Wilson                                                                                              
                                                                                                    
Absent:  Elkins, Kelly, Moses                                                                       
                                                                                                    
And so, the House failed to recede.                                                                 
                                                                                                    
The Speaker appointed the following members to a Conference                                         
Committee to meet with a like committee from the Senate to consider                                 
the above bills:                                                                                    

2005-05-09                     House Journal                      Page 1882
 Representative Seaton                                                                              
 Representative Holm                                                                                
 Representative Gruenberg                                                                           
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
                          MESSAGES FROM THE SENATE                                               
                                                                                                    
SB 125                                                                                            
A message dated May 9, 2005, was read stating the Senate has failed                                 
to concur in the House amendment to:                                                                
                                                                                                    
     CS FOR SENATE BILL NO. 125(JUD)                                                                
     "An Act relating to the licensing, regulation, enforcement, and                                
     appeal rights of ambulatory surgical centers, assisted living                                  
     homes, child care facilities, child placement agencies, foster                                 
     homes, free-standing birth centers, home health agencies, hospices                             
     or agencies providing hospice services or operating hospice                                    
     programs, hospitals, intermediate care facilities for the mentally                             
     retarded, maternity homes, nursing facilities, residential child care                          
     facilities, residential psychiatric treatment centers, runaway                                 
     shelters, and rural health clinics; relating to possession of a                                
     firearm at licensed entities and facilities; relating to criminal                              
     history requirements, and a registry, regarding certain licenses,                              
     certifications, approvals, and authorizations by the Department of                             
     Health and Social Services; making conforming amendments; and                                  
     providing for an effective date."                                                              
                                                                                                    
namely:                                                                                             
                                                                                                    
              HOUSE CS FOR CS FOR SENATE BILL NO. 125(FIN) am H                                    
     "An Act relating to the licensing, regulation, enforcement, and                                
     appeal rights of ambulatory surgical centers, assisted living                                  
     homes, child care facilities, child placement agencies, foster                                 
     homes, free-standing birth centers, home health agencies, hospices                             
     or agencies providing hospice services or operating hospice                                    
     programs, hospitals, intermediate care facilities for the mentally                             
     retarded, maternity homes, nursing facilities, residential child care                          
     facilities, residential psychiatric treatment centers, runaway                                 
     shelters, and rural health clinics; relating to possession of a                                

2005-05-09                     House Journal                      Page 1883
     firearm at licensed entities and facilities; relating to criminal                              
     history requirements, and a registry, regarding certain licenses,                              
     certifications, approvals, and authorizations by the Department of                             
     Health and Social Services; relating to public assistance for health                           
     facilities and assisted living homes, to rates charged by an assisted                          
     living home, and to the liability of recipients of home or                                     
     community-based services to pay for those services; making                                     
        conforming amendments; and providing for an effective date."                               
                                                                                                    
     (HCR 21 - title change resolution)                                                             
                                                                                                    
and respectfully requests the House to recede from its amendment.                                   
                                                                                                    
In the event the House fails to recede, the President appointed the                                 
following members to a Conference Committee to meet with a like                                     
committee from the House to consider the bills:                                                     
                                                                                                    
 Senator Dyson, Chair                                                                               
 Senator Huggins                                                                                    
 Senator Davis                                                                                      
                                                                                                    
                                                                                                    
                                   RECEDE                                                        
                                                                                                    
SB 125                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message.  There being no objection, it was                                
so ordered.                                                                                         
                                                                                                    
Representative Coghill moved that the House recede from its                                         
amendment to CSSB 125(JUD), namely HCS CSSB 125(FIN) am H,                                          
and recommended that the members vote no.                                                           
                                                                                                    
The question being:  "Shall the House recede from its amendment to                                  
CSSB 125(JUD)?"  The roll was taken with the following result:                                      
                                                                                                    
HCS CSSB 125(FIN) am H                                                                              
Recede                                                                                              
                                                                                                    
YEAS:  0   NAYS:  39   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    

2005-05-09                     House Journal                      Page 1884
Nays:  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, the House failed to recede.                                                                 
                                                                                                    
The Speaker appointed the following members to a Conference                                         
Committee to meet with a like committee from the Senate to consider                                 
the above bills:                                                                                    
                                                                                                    
 Representative Anderson                                                                            
 Representative McGuire                                                                             
 Representative Gara                                                                                
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
                          MESSAGES FROM THE SENATE                                               
                                                                                                    
SB 130                                                                                            
A message dated May 9, 2005, was read stating the Senate has failed                                 
to concur in the House amendment to:                                                                
                                                                                                    
     CS FOR SENATE BILL NO. 130(FIN) am                                                             
     "An Act relating to a special deposit for workers' compensation                                
     and employers' liability insurers; relating to assigned risk pools;                            
     relating to workers' compensation insurers; stating the intent of the                          
     legislature, and setting out limitations, concerning the                                       
     interpretation, construction, and implementation of workers'                                   
     compensation laws; relating to the Alaska Workers' Compensation                                
     Board; assigning certain Alaska Workers' Compensation Board                                    
     functions to the division of workers' compensation in the                                      
     Department of Labor and Workforce Development and to that                                      
     department, and authorizing the board to delegate administrative                               
     and enforcement duties to the division; providing for workers'                                 
     compensation hearing officers in workers' compensation                                         
     proceedings; establishing a Workers' Compensation Appeals                                      

2005-05-09                     House Journal                      Page 1885
     Commission; relating to workers' compensation medical benefits                                 
     and to charges for and payment of fees for the medical benefits;                               
     relating to agreements that discharge workers' compensation                                    
     liability; relating to workers' compensation awards; relating to                               
     reemployment benefits and job dislocation benefits; relating to                                
     coordination of workers' compensation and certain disability                                   
     benefits; relating to division of workers' compensation records;                               
     relating to release of treatment records; relating to an employer's                            
     failure to insure and keep insured or provide security; providing                              
     for appeals from compensation orders; relating to workers'                                     
     compensation proceedings; providing for supreme court                                          
     jurisdiction of appeals from the Workers' Compensation Appeals                                 
     Commission; providing for a maximum amount for the cost-of-                                    
     living adjustment for workers' compensation benefits; relating to                              
     attorney fees with respect to workers' compensation; providing for                             
     the department to enter into contracts with nonprofit organizations                            
     to provide information services and legal representation to injured                            
     employees; providing for administrative penalties for employers                                
     uninsured or without adequate security for workers' compensation;                              
     relating to fraudulent acts or false or misleading statements in                               
     workers' compensation and penalties for the acts or statements;                                
     providing for members of a limited liability company to be                                     
     included as an employee for purposes of workers' compensation;                                 
     establishing a workers' compensation benefits guaranty fund;                                   
     making conforming amendments; providing for a study and report                                 
     by the medical services review committee; establishing the Task                                
     Force on Workers' Compensation; and providing for an effective                                 
     date."                                                                                         
                                                                                                    
namely:                                                                                             
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 130(JUD) am H                                              
     "An Act relating to workers' compensation and to assigned risk                                 
     pools; relating to the Alaska Insurance Guaranty Association;                                  
     establishing the Task Force on Workers' Compensation; amending                                 
     Rule 45, Alaska Rules of Civil Procedure; and providing for an                                 
     effective date."                                                                               
                                                                                                    
     (HCR 19 - title change resolution)                                                             
                                                                                                    

2005-05-09                     House Journal                      Page 1886
and respectfully requests the House to recede from its amendment.                                   
                                                                                                    
In the event the House fails to recede, the President appointed the                                 
following members to a Conference Committee to meet with a like                                     
committee from the House to consider the bills:                                                     
                                                                                                    
 Senator Ben Stevens, Chair                                                                         
 Senator Seekins                                                                                    
 Senator Guess                                                                                      
                                                                                                    
                                                                                                    
                                   RECEDE                                                        
                                                                                                    
SB 130                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message.  There being no objection, it was                                
so ordered.                                                                                         
                                                                                                    
Representative Coghill moved that the House recede from its                                         
amendment to CSSB 130(FIN) am, namely HCS CSSB 130(JUD)                                             
am H, and recommended that the members vote no.                                                     
                                                                                                    
                                                                                                    
The question being:  "Shall the House recede from its amendment to                                  
CSSB 130(FIN) am?"  The roll was taken with the following result:                                   
                                                                                                    
HCS CSSB 130(JUD) am H                                                                              
Recede                                                                                              
                                                                                                    
YEAS:  0   NAYS:  38   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Nays:  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, Moses, Neuman, Olson, Ramras,                                          
Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch,                                      
Wilson                                                                                              
                                                                                                    
Absent:  Kelly, Meyer                                                                               
                                                                                                    
And so, the House failed to recede.                                                                 
                                                                                                    

2005-05-09                     House Journal                      Page 1887
The Speaker appointed the following members to a Conference                                         
Committee to meet with a like committee from the Senate to consider                                 
the above bills:                                                                                    
                                                                                                    
 Representative Harris                                                                              
 Representative Coghill                                                                             
 Representative Guttenberg                                                                          
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
                          MESSAGES FROM THE SENATE                                               
                                                                                                    
A message dated May 9, 2005, was read stating the Senate has passed                                 
the following and it is transmitted for consideration:                                              
                                                                                                    
                                                                                                    
                         FIRST READING AND REFERENCE                                             
                               OF SENATE BILLS                                                   
                                                                                                    
SB 73                                                                                             
CS FOR SENATE BILL NO. 73(FIN) am by the Senate Finance                                             
Committee, entitled:                                                                                
                                                                                                    
     "An Act relating to a lease-purchase agreement for the                                         
     construction, equipping, and financing of a state virology                                     
     laboratory in Fairbanks to be operated by the Department of                                    
     Health and Social Services; relating to the issuance of certificates                           
     of participation for the laboratory; relating to the use of certain                            
     investment income for certain construction and equipment costs                                 
     for the laboratory; and providing for an effective date."                                      
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
                          SPECIAL ORDER OF BUSINESS                                              
                                                                                                    
HR 8                                                                                              
Representative Coghill moved and asked unanimous consent that the                                   
following be taken up as a Special Order of Business:                                               
                                                                                                    

2005-05-09                     House Journal                      Page 1888
     HOUSE RESOLUTION NO. 8                                                                         
     Establishing the House Task Force on Alaska Gaming Policy to                                   
     consider the establishment of a gaming commission and study                                    
     gaming activities in the state; and providing for a report of the                              
     findings to the Alaska Legislative Council.                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representative Stoltze:                                              
                                                                                                    
Page 2, lines 28 - 29:                                                                              
 Delete all material and insert:                                                                    
  "(4) two members from charitable nonprofit organizations                                          
who receive income from gaming activities, including not less than                                  
one member from a veteran's organization;"                                                          
                                                                                                    
Page 2, line 30:                                                                                    
 Delete all material and insert:                                                                    
  (5)  two members who have a permit to operate under                                               
AS 05.15.122, including not less than one member who represents                                     
multiple beneficiary permittees; and"                                                               
                                                                                                    
Representative Stoltze moved and asked unanimous consent that                                       
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Coghill objected and withdrew the objection.  There                                  
being no further objection, Amendment No. 1 was adopted.                                            
                                                                                                    
The question being:  "Shall HR 8 am pass the House?"  The roll was                                  
taken with the following result:                                                                    
                                                                                                    
HR 8 am                                                                                             
Special Order of Business                                                                           
                                                                                                    
YEAS:  33   NAYS:  2   EXCUSED:  0   ABSENT:  5                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Dahlstrom,                                   
Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Joule, Kapsner, Kerttula, Kohring, Kott, LeDoux, Lynn,                                      
McGuire, Meyer, Neuman, Ramras, Rokeberg, Salmon, Samuels,                                          
Seaton, Stoltze, Thomas, Wilson                                                                     
                                                                                                    

2005-05-09                     House Journal                      Page 1889
Nays:  Crawford, Croft                                                                              
                                                                                                    
Absent:  Holm, Kelly, Moses, Olson, Weyhrauch                                                       
                                                                                                    
                                                                                                    
Gara changed from "Nay" to "Yea".                                                                   
Guttenberg changed from "Nay" to "Yea".                                                             
                                                                                                    
And so, HR 8 am passed the House and was referred to the Chief                                      
Clerk for engrossment and enrollment.                                                               
                                                                                                    
                                                                                                    
HR 9                                                                                              
Representative Coghill moved and asked unanimous consent that the                                   
following be taken up as a Special Order of Business:                                               
                                                                                                    
     HOUSE RESOLUTION NO. 9                                                                         
     Relating to the plans of the United States Postal Service to                                   
     discontinue air shipment of bypass mail between Fairbanks,                                     
     Alaska, and Barrow, Alaska.                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
The question being:  "Shall HR 9 pass the House?"  The roll was taken                               
with the following result:                                                                          
                                                                                                    
HR 9                                                                                                
Special Order of Business                                                                           
                                                                                                    
YEAS:  35   NAYS:  0   EXCUSED:  0   ABSENT:  5                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg,                                  
Guttenberg, Harris, Hawker, Joule, Kapsner, Kerttula, Kohring, Kott,                                
LeDoux, Lynn, McGuire, Meyer, Neuman, Ramras, Rokeberg,                                             
Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson                                                    
                                                                                                    
Absent:  Holm, Kelly, Moses, Olson, Weyhrauch                                                       
                                                                                                    
And so, HR 9 passed the House and was referred to the Chief Clerk                                   
for engrossment and enrollment.                                                                     
                                                                                                    

2005-05-09                     House Journal                      Page 1890
                               RECONSIDERATION                                                   
                                                                                                    
SB 110                                                                                            
Representative Berkowitz brought up reconsideration of the vote on                                  
HCS CSSB 110(FIN) am H (page 1808).                                                                 
                                                                                                    
                                                                                                    
The following was again before the House in third reading:                                          
                                                                                                    
              HOUSE CS FOR CS FOR SENATE BILL NO. 110(FIN) am H                                    
     "An Act relating to regulation of the discharge of pollutants under                            
     the National Pollutant Discharge Elimination System."                                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Moses be excused from a call of the House for the                                    
remainder of this legislative day.  There being no objection, it was so                             
ordered.                                                                                            
                                                                                                    
                                                                                                    
The question to be reconsidered:  "Shall HCS CSSB 110(FIN) am H                                     
pass the House?"  The roll was taken with the following result:                                     
                                                                                                    
HCS CSSB 110(FIN) am H--RECONSIDERATION                                                             
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  31   NAYS:  6   EXCUSED:  1   ABSENT:  2                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Elkins, Foster, Gatto, Gruenberg, Guttenberg, Harris,                                    
Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kott, Lynn, McGuire,                                 
Meyer, Olson, Ramras, Rokeberg, Salmon, Samuels, Stoltze, Thomas,                                   
Wilson                                                                                              
                                                                                                    
Nays:  Gara, Kohring, LeDoux, Neuman, Seaton, Weyhrauch                                             
                                                                                                    
Excused:  Moses                                                                                     
                                                                                                    
Absent:  Anderson, Gardner                                                                          
                                                                                                    
And so, HCS CSSB 110(FIN) am H passed the House on                                                  
reconsideration and was referred to the Chief Clerk for engrossment.                                
                                                                                                    

2005-05-09                     House Journal                      Page 1891
                          SPECIAL ORDER OF BUSINESS                                              
                                                                                                    
Representative Dahlstrom moved and asked unanimous consent that                                     
all members of the House be shown as cosponsors of the citation, In                                 
Memoriam - Lance Corporal Jeremiah Colt Kinchen.  There being no                                    
objection, it was so ordered.                                                                       
                                                                                                    
The citation, In Memoriam - Lance Corporal Jeremiah Colt Kinchen,                                   
is on today's calendar (page 1877).                                                                 
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
notice and publication requirements be waived and the citations,                                    
Honoring - A Tribute to Those Who Toil on the House Floor and                                       
Honoring - Senate Sergeant-At-Arms, Senate Assistant Sergeant-At-                                   
Arms, Senate Pages be taken up as a Special Order of Business at this                               
time.  There being no objection, it was so ordered.                                                 
                                                                                                    
Representative Rokeberg moved and asked unanimous consent that all                                  
members of the House be shown as cosponsors of the citations.  There                                
being no objection, it was so ordered.                                                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citations.  There being no objection, the following                               
citations were approved and sent to enrolling:                                                      
                                                                                                    
Honoring - A Tribute to Those Who Toil on the House Floor                                           
By Representatives Rokeberg, Harris, Anderson, Berkowitz, Chenault,                                 
Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara,                                  
Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                         
Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire,                                     
Meyer, Moses, Neuman, Olson, Ramras, Salmon, Samuels, Seaton,                                       
Stoltze, Thomas, Weyhrauch, Wilson                                                                  
                                                                                                    
Honoring - Senate Sergeant-At-Arms, Senate Assistant Sergeant-At-                                   
Arms, Senate Pages                                                                                  
By Senator Cowdery; Representatives Harris, Anderson, Berkowitz,                                    
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster,                              
Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                   
Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire,                                     
Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels,                                     
Seaton, Stoltze, Thomas, Weyhrauch, Wilson                                                          
                                                                                                    

2005-05-09                     House Journal                      Page 1892
                             UNFINISHED BUSINESS                                                 
                                                                                                    
HB 37                                                                                             
Representative Gardner added her name as cosponsor to:                                              
                                                                                                    
     CS FOR HOUSE BILL NO. 37(FIN) am                                                               
     "An Act relating to voluntary land trades and purchases to                                     
     enhance public access to fishing streams."                                                     
                                                                                                    
SB 22                                                                                             
Representatives Gardner, Lynn, and Gara added their names as cross                                  
sponsors to:                                                                                        
                                                                                                    
     CS FOR SENATE BILL NO. 22(FIN)                                                                 
     "An Act adding birthing centers to the list of health facilities                               
       eligible for payment of medical assistance for needy persons."                              
                                                                                                    
SB 135                                                                                            
Representative Lynn added his name as cross sponsor to:                                             
                                                                                                    
     CS FOR SENATE BILL NO. 135(JUD)(efd am)                                                        
     "An Act relating to the crimes of assault and custodial                                        
     interference; and providing for an effective date."                                            
                                                                                                    
                                                                                                    
                                 ENGROSSMENT                                                     
                                                                                                    
HCR 22                                                                                            
HCR 22 was engrossed, signed by the Speaker and Chief Clerk and                                     
transmitted to the Senate for consideration.                                                        
                                                                                                    
HB 37                                                                                             
CSHB 37(FIN) am was engrossed, signed by the Speaker and Chief                                      
Clerk and transmitted with a House letter of intent to the Senate for                               
consideration.                                                                                      
                                                                                                    
SB 102                                                                                            
HCS CSSB 102(RES) was engrossed, signed by the Speaker and Chief                                    
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    

2005-05-09                     House Journal                      Page 1893
SB 110                                                                                            
HCS CSSB 110(FIN) am H was engrossed, signed by the Speaker and                                     
Chief Clerk and transmitted to the Senate for consideration.                                        
                                                                                                    
SB 147                                                                                            
HCS CSSB 147(RLS) was engrossed and signed by the Speaker and                                       
Chief Clerk.                                                                                        
                                                                                                    
SB 158                                                                                            
SB 158 am H 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 10, 2005.  There being no                                       
objection, the House adjourned at 10:54 p.m.                                                        
                                                                                                    
                                               Suzi Lowell                                          
                                               Chief Clerk