Legislature(2005 - 2006)
2006-04-10 House Journal
Full Journal pdf2006-04-10 House Journal Page 3053 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE - SECOND SESSION Juneau, Alaska Monday April 10, 2006 Ninety-second Day Pursuant to adjournment the House was called to order by Speaker Harris at 11:09 a.m. Roll call showed 30 members present. Representative Samuels had been previously excused from a call of the House today. Representatives Berkowitz, Cissna, Crawford, Croft, Gara, Guttenberg, Kerttula, and Meyer were absent and their presence was noted later. Representative Coghill moved and asked unanimous consent that Representative Salmon be excused from a call of the House today. There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that Representative Weyhrauch be excused from a call of the House today from noon to 1:00 p.m. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Evangelist Bill Williams of the Valley Church of Christ, Wasilla. Representative McGuire moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. I am humbled by the opportunity to offer a prayer on behalf of the Alaskan government. With the deepest respect for the religious beliefs of all Alaskans, I offer this prayer. Dear God, I praise You as the wise and just guide for our lives. I ask You to bless the leaders of this state, especially this gathering of representatives. May they make decisions 2006-04-10 House Journal Page 3054 good for the people of Alaska and beneficial to the nation as a whole. I pray You give them wisdom as they guide the land in which we live. Please bless Alaska and all who dwell within her. May we be just and right in the way we conduct ourselves among the nations. I pray You will be with our troops overseas as they do the job set before them. Please protect them and bring them home safely. May all which is done here today and all the days hereafter be to Your glory. Forever and ever, Amen. The Pledge of Allegiance was led by Representative Ramras. CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 88th, 89th, 90th, and 91st legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR A letter dated April 6, 2006, was read stating that, in accordance with AS 39.05.080, the Governor submits the following names for legislative confirmation of appointment to the boards and commissions noted. The Speaker referred the following to the Finance Committee: Alaska Mental Health Trust Authority Board of Trustees Ms. Paula Easley - Anchorage Appointed: 3/28/2006 Term Expires: 3/1/2008 Mr. Roy Huhndorf - Anchorage Appointed: 3/28/2006 Term Expires: 3/1/2011 2006-04-10 House Journal Page 3055 The Speaker referred the following to the Labor & Commerce Committee: Board of Barbers and Hairdressers Ms. Carol Hernley - Cordova Appointed: 4/4/2006 Term Expires: 3/1/2008 Board of Chiropractic Examiners Mr. David Mulholland - Anchorage Reappointed: 2/24/2006 Term Expires: 3/1/2010 Board of Examiners in Optometry Dr. James C. Graves - Fairbanks Appointed: 4/3/2006 Term Expires: 3/1/2010 Dr. Timothy Sullivan, Jr. - Anchorage Appointed: 4/3/2006 Term Expires: 3/1/2010 State Physical Therapy and Occupational Therapy Board Ms. Cheryl Abitz - Palmer Appointed: 4/4/2006 Term Expires: 3/1/2008 Ms. Joanne Boehme - Juneau Reappointed: 4/3/2006 Term Expires: 3/1/2010 Ms. Mary Ann Paul - Eagle River Reappointed: 4/3/2006 Term Expires: 3/1/2010 Board of Professional Counselors Ms. Jennifer Burkholder - Anchorage Appointed: 4/4/2006 Term Expires: 3/1/2010 Ms. Emily Zimbrich - Haines Appointed: 4/4/2006 Term Expires: 3/1/2010 Board of Social Work Examiners Mr. Jason Floyd - Valdez Appointed: 4/4/2006 Term Expires: 3/1/2010 2006-04-10 House Journal Page 3056 Ms. Sammye Pokryfki - Wasilla Reappointed: 3/31/2006 Term Expires: 3/1/2010 Workers' Compensation Appeals Commission Mr. Jim Robison - Eagle River Reappointed: 4/3/2006 Term Expires: 3/1/2011 Alaska Workers' Compensation Board Mr. John Abshire - Wasilla Reappointed: 3/10/2006 Term Expires: 3/1/2009 Mr. Richard Behrends - Juneau Reappointed: 3/10/2006 Term Expires: 3/1/2009 Mr. Andrew (Bear) Piekarski - Eagle River Reappointed: 3/10/2006 Term Expires: 3/1/2009 Ms. Patricia Vollendorf - Anchorage Reappointed: 3/10/2006 Term Expires: 3/1/2009 Ms. Lori Wing - Anchorage Appointed: 3/10/2006 Term Expires: 3/1/2007 The Speaker referred the following to the Resources Committee: Board of Game Mr. Paul C. Johnson - Unalakleet Appointed: 4/4/2006 Term Expires: 3/1/2008 The Speaker referred the following to the State Affairs Committee: Alaska Public Offices Commission (APOC) Ms. Claire Hall - Fairbanks Appointed: 3/9/2006 Term Expires: 3/1/2011 Resumes for the appointments are on file in the Chief Clerk's office. **The presence of Representatives Berkowitz, Guttenberg, Crawford, and Cissna was noted. 2006-04-10 House Journal Page 3057 MESSAGES FROM THE SENATE HCR 40 A message dated April 7, 2006, was read stating the Senate has passed: HOUSE CONCURRENT RESOLUTION NO. 40 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 218, sex offenses and child kidnapping, crimes, and sentencing. HCR 40 was referred to the Chief Clerk for enrollment. HB 274 A message dated April 7, 2006, was read stating the Senate has passed: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 274(FIN) "An Act relating to the practice of accounting; and providing for an effective date." CSSSHB 274(FIN) was referred to the Chief Clerk for enrollment. SB 218 A message dated April 7, 2006, was read stating the Senate has concurred in the House amendment to: CS FOR SENATE BILL NO. 218(FIN) "An Act relating to sex offenders and child kidnappers; relating to reporting of sex offenders and child kidnappers; relating to periodic polygraph examinations for sex offenders released on probation or parole; relating to sexual abuse of a minor; relating to the definitions of 'aggravated sex offense' and 'child kidnapping'; relating to penalties for failure to report child abuse or neglect; relating to sentencing for sex offenders and habitual criminals; and providing for an effective date." thus adopting: 2006-04-10 House Journal Page 3058 HOUSE CS FOR CS FOR SENATE BILL NO. 218(FIN) "An Act relating to sex offenders and child kidnappers; relating to periodic polygraph examinations for sex offenders released on probation or parole; relating to sexual abuse of a minor; relating to the definitions of 'aggravated sex offense' and 'child kidnapping'; relating to penalties for failure to report child abuse or neglect; relating to sentencing for sex offenders and habitual criminals; and providing for an effective date." (HCR 40 - title change resolution) **The presence of Representatives Kerttula and Gara was noted. COMMUNICATIONS The following audit reports were received from the Division of Legislative Audit, Legislative Budget & Audit Committee, as required by AS 24.20.311: Dept. of Administration State Travel Procurement Process January 3, 2006 University of Alaska Unit Cost Analysis and Other Selected Issues, Part 2 November 15, 2005 REPORTS OF STANDING COMMITTEES HCR 30 The Finance Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 30 Creating an Alaska Climate Impact Assessment Commission. and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 30(FIN) (same title) 2006-04-10 House Journal Page 3059 The report was signed by Representative Meyer, Co-chair, with the following individual recommendations: Do pass (4): Weyhrauch, Moses, Kerttula, Meyer No recommendation (4): Hawker, Holm, Kelly, Stoltze The following fiscal note(s) apply to CSHCR 30(FIN): 1. Indeterminate, Dept. of Natural Resources 2. Fiscal, Legislative Agency HCR 30 was referred to the Rules Committee for placement on the calendar. HB 51 The Finance Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 51 "An Act relating to modifying the qualifications required for workers' compensation self-insurance and permitting employers in the same trade or industry to form an employer association for self-insured workers' compensation coverage; and providing for an effective date." and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 51(FIN) "An Act relating to associations of self-insured employers for purposes of providing workers' compensation coverage and allowing employers who are members of the same trade to form associations for providing self-insurance for workers' compensation coverage; and providing for an effective date." The report was signed by Representative Meyer, Co-chair, with the following individual recommendations: Do pass (3): Foster, Kelly, Meyer 2006-04-10 House Journal Page 3060 No recommendation (6): Hawker, Weyhrauch, Joule, Stoltze, Kerttula, Moses The following fiscal note(s) apply to CSSSHB 51(FIN): 1. Indeterminate, Dept. of Commerce, Community, & Economic Development 3. Zero, Dept. of Labor & Workforce Development SSHB 51 was referred to the Rules Committee for placement on the calendar. HB 105 The Finance Committee has considered: HOUSE BILL NO. 105 "An Act relating to coverage for adult dental services under Medicaid; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 105(FIN) (same title) The report was signed by Representative Meyer, Co-chair, with the following individual recommendations: Do pass (4): Hawker, Weyhrauch, Kerttula, Joule No recommendation (3): Kelly, Stoltze, Meyer A House Finance Committee letter of intent for CSHB 105(FIN), signed by Representatives Meyer and Chenault, Co-chairs, follows: "By adopting this bill, it is the intent of the House Finance Committee to increase adult dental care services for an eligible recipient of Medicaid under AS 47.07 to ensure that services critical to a recipient are implemented first, while controlling the overall growth of the costs of the increase in services. 2006-04-10 House Journal Page 3061 It is the intent of the House Finance Committee that the Department of Health and Social Services implement the increase in adult dental care services authorized by HB 105 by adopting regulations consistent with the department's obligation to contain the costs of increased services in order to provide these services within appropriation limits. It is also the intent of the House Finance Committee that the department implement measures to contain costs, which may include, but are not limited to, establishing the scope of services that are eligible for payment of preventative and restorative dental care for eligible recipients." The following fiscal note(s) apply to CSHB 105(FIN): 2. Fiscal, Dept. of Health & Social Services HB 105 was referred to the Rules Committee for placement on the calendar. HB 276 The Judiciary Committee has considered: HOUSE BILL NO. 276 "An Act relating to business license endorsements for tobacco products, to holders of business license endorsements for tobacco products, and to the employees and agents of holders of business license endorsements for tobacco products." and recommends it be replaced with: CS FOR HOUSE BILL NO. 276(JUD) (same title) The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (1): Kott No recommendation (3): Gara, Gruenberg, McGuire 2006-04-10 House Journal Page 3062 Amend (2): Wilson, Anderson The following fiscal note(s) apply to CSHB 276(JUD): 1. Indeterminate, Dept. of Commerce, Community, & Economic Development 2. Fiscal, Dept. of Health & Social Services 3. Indeterminate, Dept. of Law HB 276 was referred to the Finance Committee. **The presence of Representative Meyer was noted. HB 307 The Finance Committee has considered: HOUSE BILL NO. 307 "An Act creating the Knik River Public Use Area." and recommends it be replaced with: CS FOR HOUSE BILL NO. 307(RES) (same title) The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (4): Weyhrauch, Foster, Stoltze, Meyer No recommendation (6): Hawker, Holm, Joule, Kerttula, Kelly, Chenault The following fiscal note(s) apply to CSHB 307(RES): 1. Fiscal, Dept. of Natural Resources HB 307 was referred to the Rules Committee for placement on the calendar. 2006-04-10 House Journal Page 3063 HB 347 The Judiciary Committee has considered: HOUSE BILL NO. 347 "An Act relating to mandatory motor vehicle insurance, license suspensions, and notices relating to motor vehicles and driver's licenses." and recommends it be replaced with: CS FOR HOUSE BILL NO. 347(JUD) "An Act relating to mandatory motor vehicle insurance, license suspensions, mandatory impoundments of vehicles used in certain offenses, and notices relating to motor vehicles and driver's licenses." The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (5): Gara, Wilson, Kott, Gruenberg, McGuire Amend (1): Anderson The following fiscal note(s) apply to CSHB 347(JUD): 1. Zero, Dept. of Administration 2. Zero, Dept. of Administration 3. Zero, Dept. of Public Safety HB 347 was referred to the Rules Committee for placement on the calendar. HB 386 The Resources Committee has considered: HOUSE BILL NO. 386 "An Act making uniform throughout the state the deadline for certain exploration expenditures used as credits against the production tax on oil and gas produced from a lease or property in the state by extending to July 1, 2010, the deadline for those 2006-04-10 House Journal Page 3064 expenditures on leases or properties located north of 68 degrees, 15 minutes, North latitude." and recommends it be replaced with: CS FOR HOUSE BILL NO. 386(O&G) "An Act making uniform throughout the state the deadline for certain exploration expenditures used as credits against the production tax on oil and gas produced from a lease or property in the state by extending to July 1, 2010, the deadline for those expenditures on leases or properties located north of 68 degrees, 15 minutes, North latitude, and expanding the purposes for which use of that credit is allowed; and delaying to June 30, 2010, the last date by which hydrocarbon exploration geophysical work must be performed or drilling of a stratigraphic test well or exploratory well must be completed in order for a person to qualify for an exploration incentive credit under the oil and gas exploration incentive credit that is not authorized by the Alaska Land Act." The report was signed by Representatives Samuels and Ramras, Co- chairs, with the following individual recommendations: Do pass (4): Seaton, Crawford, Samuels, Ramras No recommendation (2): Gatto, LeDoux The following fiscal note(s) apply to CSHB 386(O&G): 1. Zero, Dept. of Natural Resources 2. Indeterminate, Dept. of Revenue HB 386 was referred to the Finance Committee. HB 397 The Transportation Committee has considered: HOUSE BILL NO. 397 "An Act making an appropriation for an upgrade of signal system emergency devices in Anchorage, contingent upon matching funds 2006-04-10 House Journal Page 3065 from the Municipality of Anchorage; and providing for an effective date." The report was signed by Representatives Gatto and Elkins, Co-chairs, with the following individual recommendations: Do pass (4): Kohring, Salmon, Gatto, Elkins HB 397 was referred to the Community & Regional Affairs Committee. HB 403 The Finance Committee has considered: HOUSE BILL NO. 403 "An Act relating to registration and operation of neighborhood electric vehicles." and recommends it be replaced with: CS FOR HOUSE BILL NO. 403(FIN) "An Act relating to registration and operation of low-speed vehicles." The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (5): Hawker, Foster, Kerttula, Moses, Meyer No recommendation (4): Kelly, Stoltze, Weyhrauch, Chenault The following fiscal note(s) apply to CSHB 403(FIN): 1. Zero, Dept. of Public Safety 2. Fiscal, Dept. of Administration HB 403 was referred to the Rules Committee for placement on the calendar. 2006-04-10 House Journal Page 3066 HB 484 The Finance Committee has considered: HOUSE BILL NO. 484 "An Act allowing for revenue received from issuance of additional entry permits to be appropriated for reimbursement to salmon fishery associations." and recommends it be replaced with: CS FOR HOUSE BILL NO. 484(FSH) (same title) The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (3): Kerttula, Foster, Chenault No recommendation (7): Hawker, Holm, Kelly, Stoltze, Weyhrauch, Moses, Meyer The following fiscal note(s) apply to CSHB 484(FSH): 2. Zero, Dept. of Fish & Game HB 484 was referred to the Rules Committee for placement on the calendar. HB 493 The Finance Committee has considered: HOUSE BILL NO. 493 "An Act relating to reimbursement of municipal bonds for school construction." and recommends it be replaced with: CS FOR HOUSE BILL NO. 493(FIN) (same title) 2006-04-10 House Journal Page 3067 The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (5): Hawker, Weyhrauch, Foster, Stoltze, Meyer No recommendation (5): Kelly, Joule, Kerttula, Moses, Chenault The following fiscal note(s) apply to CSHB 493(FIN): 1. Indeterminate, Dept. of Education & Early Development HB 493 was referred to the Rules Committee for placement on the calendar. SB 54 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 54(FIN) "An Act amending protective order statutes for crimes involving stalking to include crimes involving sexual assault and sexual abuse, to provide for other relief ordered by a court, to add the protective orders to a centralized registry, to prevent denial solely for a lapse of time, and to require notification of the court of known civil or criminal actions involving the petitioner or respondent; relating to notifications to victims of sexual assault and to mandatory arrest for crimes involving violation of protective orders and violation of conditions of release; and amending Rule 65, Alaska Rules of Civil Procedure." The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (6): Gara, Wilson, Anderson, Kott, Gruenberg, McGuire The following fiscal note(s) apply: 5. Zero, Dept. of Corrections 6. Zero, Dept. of Administration 7. Zero, Dept. of Administration 8. Fiscal, Dept. of Public Safety 2006-04-10 House Journal Page 3068 9. Fiscal, Dept. of Public Safety 10. Zero, Dept. of Law CSSB 54(FIN) was referred to the Finance Committee. SB 298 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 298(JUD) "An Act relating to loans from trust property; relating to a trustee's power to appoint the principal of a trust to another trust; relating to challenges to, claims against, and liabilities of trustees, beneficiaries, and creditors of trusts and of trusts and estates; relating to individual retirement accounts and plans; relating to certain trusts in divorce and dissolutions of marriage situations; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 298(JUD) (same title) The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (5): Wilson, Anderson, Kott, Gruenberg, McGuire Amend (1): Gara The following fiscal note(s) apply to HCS CSSB 298(JUD): 1. Zero, Dept. of Commerce, Community, & Economic Development CSSB 298(JUD) was referred to the Rules Committee for placement on the calendar. SB 304 The Transportation Committee has considered: 2006-04-10 House Journal Page 3069 SENATE BILL NO. 304 "An Act relating to the privileges of airport parking shuttles and to fees or charges imposed on a person who is not a lessee or holder of a privilege to use the property or a facility of an airport." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 304(TRA) "An Act relating to the privileges of airport parking shuttles and to fees or charges imposed on a person who is not a lessee or concessionaire of an airport." (HCR 41 - title change resolution) The report was signed by Representatives Gatto and Elkins, Co-chairs, with the following individual recommendations: Do pass (3): Kohring, Gatto, Elkins No recommendation (1): Salmon The following fiscal note(s) apply to HCS SB 304(TRA): 1. Zero, Dept. of Transportation & Public Facilities SB 304 was referred to the Finance Committee. REPORTS OF SPECIAL COMMITTEES SCR 21 The House Special Committee on Military & Veterans' Affairs has considered: CS FOR SENATE CONCURRENT RESOLUTION NO. 21(STA) Relating to the Vietnam War, to veterans and their families, and to the Vietnam War memorial entitled "The Moving Wall." and recommends it be replaced with: 2006-04-10 House Journal Page 3070 HOUSE CS FOR CS FOR SENATE CONCURRENT RESOLUTION NO. 21(MLV) (same title) The report was signed by Representative Lynn, Chair, with the following individual recommendations: Do pass (6): Gruenberg, McGuire, Cissna, Elkins, Dahlstrom, Lynn The following fiscal note(s) apply to HCS CSSCR 21(MLV): 1. Zero, Senate State Affairs Committee CSSCR 21(STA) was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Commemorating - Law Enforcement Memorial Day, May 12, 2006 By Representative Harris In Memoriam - Glen E. Jackson By Senator Davis INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HCR 41 HOUSE CONCURRENT RESOLUTION NO. 41 by the House Transportation Committee: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 304, relating to airport parking shuttles and to airport charges, rentals, or fees. 2006-04-10 House Journal Page 3071 was read the first time and referred to the Rules Committee for placement on the calendar. HJR 36 HOUSE JOINT RESOLUTION NO. 36 by the House Health, Education and Social Services Committee: Urging the United States Congress to support the granting of official Observer Status to the Republic of China at the World Health Assembly Annual Conference to be held at Geneva, Switzerland, in May 2006. was read the first time and referred to the Health, Education & Social Services Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 389 The following was read the second time: HOUSE BILL NO. 389 "An Act relating to tourist accommodations permits and to penalties for failing to comply with permitting requirements; removing a requirement that persons operating tourist accommodations post certain laws and regulations on the premises; and providing for an effective date." with the: Journal Page EDT RPT 4DP 1NR 2537 FN1: ZERO(DEC) 2537 L&C RPT 6DP 2666 FN1: ZERO(DEC) 2667 Representative Coghill moved and asked unanimous consent that HB 389 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. 2006-04-10 House Journal Page 3072 HB 389 was read the third time. The question being: "Shall HB 389 pass the House?" The roll was taken with the following result: HB 389 Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 2 ABSENT: 2 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, 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, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Excused: Salmon, Samuels Absent: Croft, Kohring And so, HB 389 passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HB 389 was referred to the Chief Clerk for engrossment. HB 442 The following was read the second time: HOUSE BILL NO. 442 "An Act relating to the validity of advance health care directives, individual health care instructions, and do not resuscitate orders; relating to the revocation of advance health care directives; relating to do not resuscitate orders; relating to resuscitative measures; relating to the liability of health care providers and institutions; relating to an individual's capacity for making health care decisions; and providing for an effective date." 2006-04-10 House Journal Page 3073 with the: Journal Page HES RPT CS(HES) NT 4DP 1NR 2688 FN1: ZERO(HSS) 2689 JUD RPT CS(JUD) NT 5DP 2932 FN1: ZERO(HSS) 2933 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. 442(JUD) "An Act relating to the validity of advance health care directives, individual health care instructions, and do not resuscitate orders; relating to the revocation of advance health care directives; relating to do not resuscitate orders; relating to resuscitative measures; relating to the liability and discipline of health care providers, institutions, and facilities; relating to an individual's capacity for making health care decisions; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Gruenberg and Weyhrauch: Page 1, line 4, following "facilities;" (title amendment): Insert "relating to proceedings for judicial relief;" Page 5, following line 18: Insert a new bill section to read: "* Sec. 10. AS 13.52.140 is amended to read: Sec. 13.52.140. Judicial relief. On petition of a patient, the patient's agent, guardian, or surrogate, or a health care provider or institution involved with the patient's care, the superior court may enjoin or direct a health care decision or order other equitable relief. A proceeding under this section is governed by AS 13.26.090 - 13.26.320 [AS 13.26.165 - 13.26.320]." Renumber the following bill sections accordingly. 2006-04-10 House Journal Page 3074 Page 6, line 22: Delete "Sections 1 - 12" Insert "Sections 1 - 13" Representative Gruenberg 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: CS FOR HOUSE BILL NO. 442(JUD) am "An Act relating to the validity of advance health care directives, individual health care instructions, and do not resuscitate orders; relating to the revocation of advance health care directives; relating to do not resuscitate orders; relating to resuscitative measures; relating to the liability and discipline of health care providers, institutions, and facilities; relating to proceedings for judicial relief; relating to an individual's capacity for making health care decisions; and providing for an effective date." Representative Coghill moved and asked unanimous consent that CSHB 442(JUD) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 442(JUD) am was read the third time. The question being: "Shall CSHB 442(JUD) am pass the House?" The roll was taken with the following result: CSHB 442(JUD) am Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 2 ABSENT: 2 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, 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, Seaton, Stoltze, Thomas, Weyhrauch, Wilson 2006-04-10 House Journal Page 3075 Excused: Salmon, Samuels Absent: Croft, Kelly And so, CSHB 442(JUD) am passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 442(JUD) am was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 210 The following, which was on the April 3, 2006, calendar and returned to the Rules Committee (page 2993), was read the second time: SENATE BILL NO. 210 "An Act relating to the manufacture and transportation of alcoholic beverages; relating to forfeitures of property for violations of alcoholic beverage laws; and relating to violations of alcoholic beverage laws." with the: Journal Page FIN RPT 4DP 4NR 2740 FN1: ZERO(DPS) 2740 RLS RPT HCS(RLS) NT 4DP 2NR 2986 TITLE CHANGE: HCR 39 2986 FN1: ZERO(DPS) 2987 **Representative Weyhrauch, who was excused (page 3053), left the Chamber. Amendment No. 1 was offered by Representative Berkowitz: 2006-04-10 House Journal Page 3076 Page 3, line 5, following "AS 04.11.491": Delete "." Insert "; (7) a deadly weapon used in furtherance of a violation of this title; in this paragraph, "deadly weapon" has the meaning given in AS 11.81.900." Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Meyer objected. **The presence of Representative Croft was noted. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SB 210 Second Reading Amendment No. 1 YEAS: 18 NAYS: 18 EXCUSED: 3 ABSENT: 1 Yeas: Berkowitz, Cissna, Coghill, Crawford, Croft, Elkins, Gara, Gardner, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, LeDoux, Moses, Ramras, Seaton, Wilson Nays: Anderson, Dahlstrom, Foster, Gatto, Harris, Hawker, Holm, Kelly, Kohring, Kott, Lynn, McGuire, Meyer, Neuman, Olson, Rokeberg, Stoltze, Thomas Excused: Salmon, Samuels, Weyhrauch Absent: Chenault And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Berkowitz: 2006-04-10 House Journal Page 3077 Page 3, line 5, following "AS 04.11.491": Delete "." Insert "; (7) a firearm used in furtherance of a violation of this title." Representative Berkowitz moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that SB 210 am H be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. SB 210 am H was read the third time. The question being: "Shall SB 210 am H pass the House?" The roll was taken with the following result: SB 210 am H Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Seaton, Stoltze, Thomas, Wilson Excused: Salmon, Samuels, Weyhrauch And so, SB 210 am H passed the House and was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS HB 150 The following, which was advanced to third reading from the April 6, 2006, calendar (page 3036), was read the third time: 2006-04-10 House Journal Page 3078 CS FOR HOUSE BILL NO. 150(FIN) "An Act requiring licensure of occupations relating to radiologic technology, radiation therapy, and nuclear medicine technology; and providing for an effective date." Representative Gara moved and asked unanimous consent that CSHB 150(FIN) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Gara and Anderson: Page 2, line 7, following "under the": Insert "direct" Representative Gara moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Representative Gara moved and asked unanimous consent that CSHB 150(FIN) am be returned to second reading for the specific purpose of considering Amendment No. 2. There being no objection, it was so ordered. Amendment No. 2 was offered by Representatives Gara and Anderson: Page 2, line 5, following "practitioner": Insert ", if the practitioner certifies to the department on a form prepared by the department that the practitioner has obtained education or training to ensure the exam or test is performed safely" Representative Gara moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered. The question being: "Shall CSHB 150(FIN) am pass the House?" The roll was taken with the following result: 2006-04-10 House Journal Page 3079 CSHB 150(FIN) am Third Reading Final Passage YEAS: 27 NAYS: 9 EXCUSED: 3 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Harris, Hawker, Holm, Kapsner, Kelly, Kerttula, Kott, Lynn, McGuire, Meyer, Moses, Olson, Seaton, Thomas Nays: Coghill, Guttenberg, Joule, Kohring, LeDoux, Neuman, Ramras, Stoltze, Wilson Excused: Salmon, Samuels, Weyhrauch Absent: Rokeberg And so, CSHB 150(FIN) am passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 150(FIN) am was referred to the Chief Clerk for engrossment. HB 415 The following, which was advanced to third reading from the April 6, 2006, calendar (page 3037), was read the third time: CS FOR HOUSE BILL NO. 415(JUD) "An Act relating to landowners' immunity for allowing use of land without charge for a recreational activity; relating to landowners' liability where landowner conduct involves gross negligence or reckless or intentional misconduct; relating to claims of adverse possession and prescriptive easements, or similar claims; and providing for an effective date." The question being: "Shall CSHB 415(JUD) pass the House?" The roll was taken with the following result: 2006-04-10 House Journal Page 3080 CSHB 415(JUD) Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 3 ABSENT: 2 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Seaton, Stoltze, Thomas, Wilson Excused: Salmon, Samuels, Weyhrauch Absent: Kapsner, Rokeberg And so, CSHB 415(JUD) passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 415(JUD) was referred to the Chief Clerk for engrossment. HB 446 The following, which was advanced to third reading from the April 6, 2006, calendar (page 3038), was read the third time: CS FOR HOUSE BILL NO. 446(JUD) "An Act relating to the amount of a civil penalty for an unlawful act or practice in the conduct of trade or commerce; and eliminating mandatory continuances in these matters after issuance of an injunction." The question being: "Shall CSHB 446(JUD) pass the House?" The roll was taken with the following result: CSHB 446(JUD) Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 3 ABSENT: 3 2006-04-10 House Journal Page 3081 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Seaton, Stoltze, Thomas, Wilson Excused: Salmon, Samuels, Weyhrauch Absent: Kapsner, Moses, Rokeberg And so, CSHB 446(JUD) passed the House and was referred to the Chief Clerk for engrossment. THIRD READING OF SENATE BILLS SB 157 The following, which was advanced to third reading from the April 6, 2006, calendar (page 3039), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 157(FIN) "An Act relating to the maximum annual regulatory cost charge collected from certain regulated public utilities and pipeline carriers and to public utility liability associated with operating certain transmission lines under a Regulatory Commission of Alaska order for joint use and interconnection; and providing for an effective date." The question being: "Shall HCS CSSB 157(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 157(FIN) Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 3 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, Meyer, Neuman, Olson, Ramras, Seaton, Stoltze, Thomas, Wilson 2006-04-10 House Journal Page 3082 Excused: Salmon, Samuels, Weyhrauch Absent: Kohring, Moses, Rokeberg And so, HCS CSSB 157(FIN) passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Gruenberg gave notice of reconsideration of the vote on HCS CSSB 157(FIN). SECOND READING OF HOUSE RESOLUTIONS HCR 39 The following, which was on the April 3, 2006, calendar and returned to the Rules Committee (page 2994), was again returned to the Rules Committee: HOUSE CONCURRENT RESOLUTION NO. 39 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 210, relating to alcoholic beverages. LEGISLATIVE CITATIONS Representative Coghill moved and asked unanimous consent that the House approve the citation on the calendar. There being no objection, the following citation was approved and sent to enrolling: Honoring - Ed O'Neill By Senator Ellis; Representatives Gardner, Harris, Anderson, Berkowitz, Chenault, Cissna, Crawford, Dahlstrom, Gara, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson 2006-04-10 House Journal Page 3083 UNFINISHED BUSINESS HCR 30 Representative Foster added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 30 Creating an Alaska Climate Impact Assessment Commission. HB 51 Representative Kelly added his name as cosponsor to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 51 "An Act relating to modifying the qualifications required for workers' compensation self-insurance and permitting employers in the same trade or industry to form an employer association for self-insured workers' compensation coverage; and providing for an effective date." HB 190 Representative Gatto added his name as cosponsor to: HOUSE BILL NO. 190 "An Act relating to the purchase of alcoholic beverages and to requiring identification to buy alcoholic beverages; requiring driver's licenses and identification cards to be marked if a person is restricted from consuming alcoholic beverages as a result of a conviction or condition of probation or parole." HB 308 Representative Holm added his name as cosponsor to: HOUSE BILL NO. 308 "An Act relating to false caller identification." HB 346 Representative Dahlstrom added her name as cosponsor to: HOUSE BILL NO. 346 "An Act relating to child abuse investigations and training." 2006-04-10 House Journal Page 3084 HB 413 Representative Crawford added his name as cosponsor to: HOUSE BILL NO. 413 "An Act relating to the burning capability of cigarettes being sold, offered for sale, or possessed for sale; and providing for an effective date." HB 415 Representative Kelly added his name as cosponsor to: CS FOR HOUSE BILL NO. 415(JUD) "An Act relating to landowners' immunity for allowing use of land without charge for a recreational activity; relating to landowners' liability where landowner conduct involves gross negligence or reckless or intentional misconduct; relating to claims of adverse possession and prescriptive easements, or similar claims; and providing for an effective date." HB 442 Representative Dahlstrom added her name as cosponsor to: CS FOR HOUSE BILL NO. 442(JUD) am "An Act relating to the validity of advance health care directives, individual health care instructions, and do not resuscitate orders; relating to the revocation of advance health care directives; relating to do not resuscitate orders; relating to resuscitative measures; relating to the liability and discipline of health care providers, institutions, and facilities; relating to proceedings for judicial relief; relating to an individual's capacity for making health care decisions; and providing for an effective date." HB 446 Representatives Gara, Dahlstrom, Gruenberg, and Neuman added their names as cosponsors to: CS FOR HOUSE BILL NO. 446(JUD) "An Act relating to the amount of a civil penalty for an unlawful act or practice in the conduct of trade or commerce; and 2006-04-10 House Journal Page 3085 eliminating mandatory continuances in these matters after issuance of an injunction." HB 482 Representatives Kott and McGuire added their names as cosponsors to: HOUSE BILL NO. 482 "An Act relating to harassment, intimidation, and bullying in schools." SCR 21 Representative Lynn added his name as cross sponsor to: CS FOR SENATE CONCURRENT RESOLUTION NO. 21(STA) Relating to the Vietnam War, to veterans and their families, and to the Vietnam War memorial entitled "The Moving Wall." SB 54 Representatives Gara and McGuire added their names as cross sponsors to: CS FOR SENATE BILL NO. 54(FIN) "An Act amending protective order statutes for crimes involving stalking to include crimes involving sexual assault and sexual abuse, to provide for other relief ordered by a court, to add the protective orders to a centralized registry, to prevent denial solely for a lapse of time, and to require notification of the court of known civil or criminal actions involving the petitioner or respondent; relating to notifications to victims of sexual assault and to mandatory arrest for crimes involving violation of protective orders and violation of conditions of release; and amending Rule 65, Alaska Rules of Civil Procedure." SB 210 Representative Lynn added his name as cross sponsor to: 2006-04-10 House Journal Page 3086 SENATE BILL NO. 210 am H "An Act relating to the manufacture and transportation of alcoholic beverages; relating to forfeitures of property for violations of alcoholic beverage laws; and relating to violations of alcoholic beverage laws." SB 298 Representative McGuire added her name as cross sponsor to: CS FOR SENATE BILL NO. 298(JUD) "An Act relating to loans from trust property; relating to a trustee's power to appoint the principal of a trust to another trust; relating to challenges to, claims against, and liabilities of trustees, beneficiaries, and creditors of trusts and of trusts and estates; relating to individual retirement accounts and plans; relating to certain trusts in divorce and dissolutions of marriage situations; and providing for an effective date." ENGROSSMENT HB 150 CSHB 150(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 389 HB 389 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 415 CSHB 415(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 442 CSHB 442(JUD) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 446 CSHB 446(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2006-04-10 House Journal Page 3087 SB 210 SB 210 am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meetings today have been changed as indicated: Resources Committee CHANGED TO: 1:30 p.m. Judiciary Committee CHANGED TO: 2:00 p.m. ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 11, 2006. There being no objection, the House adjourned at 12:43 p.m. Suzi Lowell Chief Clerk