Legislature(2005 - 2006)
2006-04-21 House Journal
Full Journal pdf2006-04-21 House Journal Page 3241 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE - SECOND SESSION Juneau, Alaska Friday April 21, 2006 One Hundred Third Day Pursuant to adjournment the House was called to order by Speaker Harris at 10:06 a.m. Roll call showed 36 members present. Representatives Anderson, Chenault, Kapsner, and McGuire had been previously excused from a call of the House today. Representative Coghill moved and asked unanimous consent that Representative LeDoux be excused from a call of the House today from 11:45 a.m. to 1:30 p.m. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Marie Helm of the First Church of Christ, Scientist. Representative LeDoux moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. With sincere respect for the religious belief of all Alaskans, I offer the following prayer. From Psalms 90:17, "… establish thou the work of our hands upon us; Yea, the work of our hands establish thou it." Our Father-Mother God, I thank You that throughout this busy week You have given each member of this House the strength, patience, and courage to faithfully do the work set before them. May they and their staff members each feel Your grace renewing and 2006-04-21 House Journal Page 3242 refreshing their spirits as they begin this new day's work. May we each feel Your presence quieting our thoughts so that we may discover within ourselves Your peace and harmony dissolving the stress that would intrude on this day. Open our hearts to see each other as You see us: individuals who are worthy of love and respect, each with an important contribution to make; and let this uplifted view be reflected in our conversations and actions throughout this day. Let our confidence be in Your unerring guidance, knowing that when our thoughts are still and our hearts are listening, we will feel Your wisdom inspiring us with fresh ideas and shaping our work so that it may be a blessing to everyone. Amen. The Pledge of Allegiance was led by Representative Coghill. CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 102nd legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Stoltze introduced Meg Mielke, Guest Page, from Chugiak. MESSAGES FROM THE SENATE SB 172 A message dated April 20, 2006, was read stating the Senate has failed to concur in the House amendment to: SENATE BILL NO. 172 "An Act relating to the presentation of initiatives and referenda on the ballot." namely, 2006-04-21 House Journal Page 3243 HOUSE CS FOR SENATE BILL NO. 172(FIN) am H "An Act relating to election pamphlets and to the presentation of initiatives and referenda on the ballot; relating to review of applications for certification of initiatives; relating to the circulation and subscription of recall petitions; and providing for an effective date." (HCR 37 - 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 Therriault, Chair Senator Bunde Senator Elton Representative Coghill moved that the House recede from its amendment to SB 172, namely HCS SB 172(FIN) am H, and recommended that the members vote no. The question being: "Shall the House recede from its amendment to SB 172?" The roll was taken with the following result: HCS SB 172(FIN) am H Recede YEAS: 0 NAYS: 34 EXCUSED: 4 ABSENT: 2 Nays: Berkowitz, Cissna, Coghill, Crawford, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Harris, Hawker, Holm, Joule, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Excused: Anderson, Chenault, Kapsner, McGuire Absent: Croft, Guttenberg And so, the House failed to recede. 2006-04-21 House Journal Page 3244 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 Seaton, Chair Representative Meyer Representative Gara The Chief Clerk notified the Senate. A message dated April 20, 2006, was read stating the Senate has passed the following and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 134 CS FOR SENATE BILL NO. 134(JUD) by the Senate Judiciary Committee, entitled: "An Act relating to a pilot project to review and investigate certain complaints from victims of sexual assault in the first degree or sexual abuse of a minor in the first degree concerning actions of justice agencies." was read the first time and referred to the State Affairs and Judiciary Committees. REPORTS OF STANDING COMMITTEES HCR 4 The Judiciary Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 4 Encouraging the establishment of a methamphetamine watch program. and recommends it be replaced with: 2006-04-21 House Journal Page 3245 CS FOR HOUSE CONCURRENT RESOLUTION NO. 4(JUD) (same title) The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (6): Gara, Coghill, Wilson, Anderson, Gruenberg, McGuire The following fiscal note(s) apply to CSHCR 4(JUD): 2. Zero, Dept. of Health & Social Services HCR 4 was referred to the Rules Committee for placement on the calendar. HJR 36 The Health, Education & Social Services Committee has considered: HOUSE JOINT RESOLUTION NO. 36 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. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 36(HES) (same title) The report was signed by Representative Wilson, Chair, with the following individual recommendations: Do pass (5): Cissna, Gardner, Kohring, Gatto, Wilson The following fiscal note(s) apply to CSHJR 36(HES): 1. Zero, House Health, Education & Social Services Committee 2006-04-21 House Journal Page 3246 HJR 36 was referred to the Rules Committee for placement on the calendar. HB 240 The Judiciary Committee has considered: HOUSE BILL NO. 240 "An Act relating to brewery and brew pub licensing." and recommends it be replaced with: CS FOR HOUSE BILL NO. 240(JUD) "An Act relating to brewery and brewpub licensing and to free samples of beer and wine provided by beverage dispensary licensees, wholesale licensees, and wholesale malt beverage and wine licensees." The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (3): Kott, Gruenberg, McGuire No recommendation (4): Gara, Coghill, Wilson, Anderson The following fiscal note(s) apply to CSHB 240(JUD): 1. Zero, Dept. of Public Safety HB 240 was referred to the Rules Committee for placement on the calendar. HB 278 The Rules Committee has considered: HOUSE BILL NO. 278 "An Act relating to the Alaska Municipal Bond Bank Authority; permitting the Alaska Municipal Bond Bank Authority or a subsidiary of the authority to assist state and municipal governmental employers by issuing bonds and other commercial paper to enable the governmental employers to prepay all or a 2006-04-21 House Journal Page 3247 portion of the governmental employers' shares of the unfunded accrued actuarial liabilities of retirement systems and authorizing governmental employers to contract with and to issue bonds, notes, or commercial paper to the authority or its subsidiary corporation for that purpose; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 278(RLS) "An Act relating to prepayments of accrued actuarial liabilities of government retirement systems; relating to the Alaska Municipal Bond Bank Authority; permitting the Alaska Municipal Bond Bank Authority or a subsidiary of the authority to assist state and municipal governmental employers by issuing bonds, notes, commercial paper, or other obligations to enable the governmental employers to prepay all or a portion of the governmental employers' shares of the unfunded accrued actuarial liabilities of retirement systems; authorizing a governmental employer to issue obligations to prepay all or a portion of the governmental employer's shares of the unfunded accrued actuarial liabilities of retirement systems and to enter into a lease or other contractual agreement with a trustee or the Alaska Municipal Bond Bank Authority or a subsidiary of the authority in connection with the issuance of obligations for that purpose, and relating to those obligations; and providing for an effective date." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (2): McGuire, Rokeberg No recommendation (4): Guttenberg, Coghill, Harris, Berkowitz The following fiscal note(s) apply to CSHB 278(RLS): 2. Indeterminate, House Finance Committee/Dept. of Revenue HB 278 is on today's calendar. 2006-04-21 House Journal Page 3248 HB 299 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 299 "An Act relating to and increasing the municipal property tax exemption on residences of certain seniors and others; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 299(CRA) (same title) The report was signed by Representatives Olson and Thomas, Co- chairs, with the following individual recommendations: Do not pass (1): Cissna No recommendation (6): Neuman, Kott, Salmon, LeDoux, Olson, Thomas The following fiscal note(s) apply to CSHB 299(CRA): 1. Zero, Dept. of Commerce, Community, & Economic Development HB 299 was referred to the State Affairs Committee. HB 304 The Finance Committee has considered: HOUSE BILL NO. 304 "An Act relating to the commercial fishing loan program; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 304(FIN) (same title) 2006-04-21 House Journal Page 3249 The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (3): Foster, Kelly, Meyer No recommendation (3): Holm, Moses, Chenault Amend (1): Kerttula The following fiscal note(s) apply to CSHB 304(FIN): 2. Fiscal, Dept. of Commerce, Community, & Economic Development HB 304 was referred to the Rules Committee for placement on the calendar. HB 306 The Resources Committee has considered: HOUSE BILL NO. 306 "An Act making certain land available for selection by the Matanuska-Susitna Borough." and recommends it be replaced with: CS FOR HOUSE BILL NO. 306(RES) (same title) The report was signed by Representatives Samuels and Ramras, Co- chairs, with the following individual recommendations: Do pass (2): Crawford, Ramras No recommendation (3): Olson, Gatto, Samuels The following fiscal note(s) apply to CSHB 306(RES): 1. Zero, Dept. of Natural Resources 2006-04-21 House Journal Page 3250 HB 306 was referred to the Finance Committee. HB 350 The Labor & Commerce Committee has considered: HOUSE BILL NO. 350 "An Act relating to enforcement of insurance unfair claim settlement practices by a person affected by a violation; permitting penalties for a single-act unfair claim settlement practice; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 350(L&C) "An Act relating to enforcement of insurance unfair claim settlement practices by a person affected by a violation; and permitting penalties for a single-act unfair claim settlement practice." The report was signed by Representative Anderson, Chair, with the following individual recommendations: Do pass (1): LeDoux Do not pass (1): Rokeberg No recommendation (4): Crawford, Lynn, Guttenberg, Anderson The following fiscal note(s) apply to CSHB 350(L&C): 1. Fiscal, Dept. of Commerce, Community, & Economic Development HB 350 was referred to the Judiciary Committee. HB 429 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 429 "An Act reestablishing the Department of Community and Regional Affairs; relating to the Department of Commerce, 2006-04-21 House Journal Page 3251 Community, and Economic Development and to the membership of various boards and commissions; and providing for an effective date." The report was signed by Representatives Thomas and Olson, Co- chairs, with the following individual recommendations: Do pass (5): Cissna, LeDoux, Salmon, Kott, Thomas No recommendation (2): Neuman, Olson The following fiscal note(s) apply: 1. Fiscal, Dept. of Commerce, Community, & Economic Development 2. Fiscal, Dept. of Commerce, Community, & Economic Development 3. Fiscal, Office of the Governor 4. Fiscal, Office of the Governor HB 429 was referred to the Labor & Commerce Committee. SB 20 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 20(JUD) "An Act relating to offenses against unborn children." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 20(JUD) (same title) The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (5): Coghill, Wilson, Anderson, Kott, McGuire Amend (2): Gara, Gruenberg 2006-04-21 House Journal Page 3252 The following fiscal note(s) apply to HCS CSSB 20(JUD): 4. Zero, Dept. of Corrections 5. Zero, Alaska Court System 6. Zero, Dept. of Public Safety 7. Indeterminate, Dept. of Administration 8. Indeterminate, Dept. of Administration CSSB 20(JUD) was referred to the Finance Committee. SB 54 The Finance 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 Meyer, Co-chair, with the following individual recommendations: Do pass (8): Hawker, Holm, Weyhrauch, Kerttula, Stoltze, Moses, Foster, Meyer 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 9. Fiscal, Dept. of Public Safety 10. Zero, Dept. of Law 2006-04-21 House Journal Page 3253 CSSB 54(FIN) was referred to the Rules Committee for placement on the calendar. SB 132 The Finance Committee has considered: SENATE BILL NO. 132(efd fld) "An Act relating to complaints filed with, investigations, hearings, and orders of, and the interest rate on awards of the State Commission for Human Rights; and making conforming amendments." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 132(FIN) (same title) The report was signed by Representative Chenault, Co-chair, with the following individual recommendations: Do pass (1): Foster No recommendation (5): Kelly, Holm, Stoltze, Joule, Chenault Amend (1): Kerttula The following fiscal note(s) apply to HCS SB 132(FIN): 3. Zero, Office of the Governor 4. Zero, Dept. of Law SB 132(efd fld) was referred to the Rules Committee for placement on the calendar. SB 216 The Finance Committee has considered: CS FOR SENATE BILL NO. 216(JUD) "An Act relating to bail and unlawful evasion; and providing for an effective date." 2006-04-21 House Journal Page 3254 and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 216(FIN) (same title) The report was signed by Representative Meyer, Co-chair, with the following individual recommendations: Do pass (4): Foster, Kelly, Stoltze, Meyer No recommendation (3): Moses, Kerttula, Joule The following fiscal note(s) apply to HCS CSSB 216(FIN): 1. Zero, Dept. of Corrections 2. Indeterminate, Dept. of Administration CSSB 216(JUD) was referred to the Rules Committee for placement on the calendar. SB 253 The Finance Committee has considered: SENATE BILL NO. 253 "An Act extending the termination date for the Board of Chiropractic Examiners; 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 Do not pass (1): Weyhrauch No recommendation (5): Hawker, Kelly, Stoltze, Kerttula, Joule Amend (1): Holm 2006-04-21 House Journal Page 3255 The following fiscal note(s) apply: 1. Fiscal, Dept. of Commerce, Community, & Economic Development SB 253 was referred to the Rules Committee for placement on the calendar. SB 254 The Finance Committee has considered: SENATE BILL NO. 254 "An Act extending the termination date for the State Physical Therapy and Occupational Therapy Board; and providing for an effective date." The report was signed by Representative Meyer, Co-chair, with the following individual recommendations: Do pass (1): Meyer No recommendation (6): Hawker, Weyhrauch, Holm, Moses, Kerttula, Stoltze The following fiscal note(s) apply: 1. Fiscal, Dept. of Commerce, Community, & Economic Development SB 254 was referred to the Rules Committee for placement on the calendar. SB 255 The Finance Committee has considered: CS FOR SENATE BILL NO. 255(FIN) "An Act extending the termination date and duties for the Board of Examiners in Optometry; amending the licensing, endorsement, and renewal provisions for optometrists; and providing for an effective date." 2006-04-21 House Journal Page 3256 The report was signed by Representative Meyer, Co-chair, with the following individual recommendations: Do pass (2): Moses, Meyer No recommendation (5): Hawker, Holm, Weyhrauch, Kerttula, Stoltze The following fiscal note(s) apply: 1. Fiscal, Dept. of Commerce, Community, & Economic Development CSSB 255(FIN) was referred to the Rules Committee for placement on the calendar. SB 261 The Judiciary Committee adopted a letter of intent on April 19, 2006, to accompany the committee report (page 3180) for: CS FOR SENATE BILL NO. 261(FIN) "An Act relating to the designation of traffic safety corridors; relating to the bail or fine for an offense committed in a traffic safety corridor and to separately accounting for such fines; and providing for an effective date." The letter of intent, signed by Representative McGuire, Chair, follows: "The Alaska Traffic Manual requires that signs be posted in each Traffic Safety Corridor and Safety Zone at intervals no greater than every five miles. The signs must state that traffic fines are doubled. The Legislature requests that the manual be revised to require that such signs be posted at intervals no greater than every three miles." CSSB 261(FIN) is in the Finance Committee. SB 265 The Community & Regional Affairs Committee has considered: 2006-04-21 House Journal Page 3257 SENATE BILL NO. 265 "An Act increasing the total amount of bonds and notes that the Alaska Municipal Bond Bank Authority may have outstanding; and providing for an effective date." The report was signed by Representatives Olson and Thomas, Co- chairs, with the following individual recommendations: Do pass (6): Cissna, Neuman, Kott, LeDoux, Salmon, Thomas No recommendation (1): Olson The following fiscal note(s) apply: 1. Fiscal, Dept. of Revenue SB 265 was referred to the Finance Committee. REPORTS OF SPECIAL COMMITTEES HB 498 The House Special Committee on Oil & Gas submitted the following report to correct the report submitted on April 12, 2006 (page 3112) for: HOUSE BILL NO. 498 "An Act authorizing tax credits against the production tax on oil and gas for qualified expenditures for challenged or nonconventional oil or gas and for qualified expenditures for nonconventional or renewable energy resources; giving the Act contingent effect; and providing for an effective date." The report was signed by Representative Kohring, Chair, with the following individual recommendations: Do pass (2): Rokeberg, Kohring No recommendation (2): Samuels, Dahlstrom Amend (2): McGuire, Guttenberg 2006-04-21 House Journal Page 3258 The following fiscal note(s) apply: 1. Zero, Dept. of Natural Resources 2. Fiscal, Dept. of Revenue HB 498 is in the Resources Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Akihiro and Yoshiko Aoki By Representative Berkowitz Honoring - Barbara Brink By Representative Berkowitz Honoring - The Anchorage International Film Festival By Senator Ellis; Representative Gardner CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 273 The following, which was held from the April 20, 2006, calendar (page 3229), was read the second time: HOUSE BILL NO. 273 "An Act relating to the dividends of individuals claiming allowable absences; and providing for an effective date." with the: Journal Page STA RPT CS(STA) NT 5DP 1DNP 1NR 2379 FN1: ZERO(REV) 2380 FIN RPT CS(FIN) NT 2DP 3NR 2AM 2554 2006-04-21 House Journal Page 3259 FN2: (REV) 2554 RLS RPT CS(RLS) NT 1DP 3NR 2AM 2768 FN2: (REV) 2768 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. 273(RLS) "An Act relating to the dividends of certain individuals claiming allowable absences; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was not offered. Amendment No. 2 was offered by Representative Berkowitz: Page 3, following line 17: Insert a new paragraph to read: "(14) serving in Antarctica with or through the United States Antarctic Program;" Renumber the following paragraphs accordingly. Representative Berkowitz moved and asked unanimous consent that Amendment No. 2 be adopted. There was objection. Amendment to Amendment No. 2 was offered by Representative Meyer: Following "Antarctica": Insert "except South Orkney Islands and South Georgia" Representative Meyer moved and asked unanimous consent that Amendment to Amendment No. 2 be adopted. Representative Berkowitz objected. 2006-04-21 House Journal Page 3260 Representative Meyer moved and asked unanimous consent to withdraw Amendment to Amendment No. 2. There being no objection, it was so ordered. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 273(RLS) Second Reading Amendment No. 2 YEAS: 15 NAYS: 20 EXCUSED: 4 ABSENT: 1 Yeas: Berkowitz, Cissna, Crawford, Dahlstrom, Elkins, Foster, Gara, Gruenberg, Guttenberg, Joule, Kerttula, Kohring, Kott, Lynn, Thomas Nays: Coghill, Gardner, Gatto, Harris, Hawker, Holm, Kelly, LeDoux, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Weyhrauch, Wilson Excused: Anderson, Chenault, Kapsner, McGuire Absent: Croft And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representatives Kerttula, Weyhrauch, and Joule: Page 4, line 19: Delete "for the year immediately following the" Insert "the dividends for the two years immediately following that" Page 4, line 24: Delete "the current" Insert "that current" Page 4, line 26: Delete "the" Insert "that" 2006-04-21 House Journal Page 3261 Representative Kerttula moved and asked unanimous consent that Amendment No. 3 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 3 was adopted. Amendment No. 4 was offered by Representatives Lynn and Dahlstrom: Page 2, following line 11: Insert a new bill section to read: "* Sec. 2. AS 43.23.005(f) is amended to read: (f) The requirement of (a)(4) of this section does not apply to an individual who is absent from the state under AS 43.23.008(a)(3) if the individual was eligible during the qualifying year for hostile fire or imminent danger pay while serving on active duty as a member of the armed forces of the United States. The requirement of (a)(4) of this section does not apply to an individual who is absent from the state under AS 43.23.008(a)(3) if the individual was serving on active duty during all or part of the qualifying year outside of the United States or was accompanying an individual who was serving on active duty outside of the United States. The commissioner may waive the requirement of (a)(4) of this section for an individual absent from the state (1) in a time of national military emergency under military orders while serving in the armed forces of the United States, or for the spouse and dependents of that individual; or (2) while in the custody of the Department of Health and Social Services in accordance with a court order under AS 47.10 or AS 47.12 and placed outside of the state by the Department of Health and Social Services for purposes of medical or behavioral treatment." Renumber the following bill sections accordingly. Page 4, line 2: Delete "(e)" Insert "(e) - (g)" 2006-04-21 House Journal Page 3262 Page 4, following line 27: Insert new subsections to read: "(f) The dividend of an individual claiming an allowable absence under AS 43.23.008(a)(3) shall be paid to the individual under AS 43.23.055(2). However, payments under this subsection may be made to the individual only for a period not to exceed four consecutive years, except that the four-year period is extended to include additional consecutive years if the individual was eligible during each of the additional applicable qualifying years for hostile fire or imminent danger pay while serving on active duty as a member of the armed forces of the United States. (g) This subsection does not apply to an absence under 43.23.008(a)(1) or (2) if the absence is for postsecondary education, including undergraduate or graduate college, professional, or vocational education, and the individual maintained during the qualifying year at least a C grade point average or its equivalent." Representative Lynn moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Weyhrauch objected. Amendment to Amendment No. 4 was offered by Representative Gruenberg: Following "(g)": Delete "subsection" Insert "section" Representative Gruenberg moved and asked unanimous consent that Amendment to Amendment No. 4 be adopted. There being no objection, it was so ordered. The question being: "Shall Amendment No. 4 as amended be adopted?" The roll was taken with the following result: CSHB 273(RLS) am Second Reading Amendment No. 4 as amended YEAS: 23 NAYS: 13 EXCUSED: 4 ABSENT: 0 2006-04-21 House Journal Page 3263 Yeas: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Holm, Kerttula, Kott, LeDoux, Lynn, Olson, Ramras, Salmon, Stoltze, Thomas, Wilson Nays: Coghill, Harris, Hawker, Joule, Kelly, Kohring, Meyer, Moses, Neuman, Rokeberg, Samuels, Seaton, Weyhrauch Excused: Anderson, Chenault, Kapsner, McGuire And so, Amendment No. 4 as amended was adopted. Representative Coghill moved and asked unanimous consent that CSHB 273(RLS) am be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 273(RLS) am will advance to third reading on the April 24, 2006, calendar. HB 278 The following was read the second time: HOUSE BILL NO. 278 "An Act relating to the Alaska Municipal Bond Bank Authority; permitting the Alaska Municipal Bond Bank Authority or a subsidiary of the authority to assist state and municipal governmental employers by issuing bonds and other commercial paper to enable the governmental employers to prepay all or a portion of the governmental employers' shares of the unfunded accrued actuarial liabilities of retirement systems and authorizing governmental employers to contract with and to issue bonds, notes, or commercial paper to the authority or its subsidiary corporation for that purpose; and providing for an effective date." with the: Journal Page STA RPT 2DP 5NR 2362 FN1: (REV) 2363 FIN RPT CS(FIN) NT 4DP 3NR 2887 FN2: INDETERMINATE(H.FIN/REV) 2888 2006-04-21 House Journal Page 3264 RLS RPT CS(RLS) NT 2DP 4NR 3246 FN2: INDETERMINATE(H.FIN/REV) 3247 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. 278(RLS) "An Act relating to prepayments of accrued actuarial liabilities of government retirement systems; relating to the Alaska Municipal Bond Bank Authority; permitting the Alaska Municipal Bond Bank Authority or a subsidiary of the authority to assist state and municipal governmental employers by issuing bonds, notes, commercial paper, or other obligations to enable the governmental employers to prepay all or a portion of the governmental employers' shares of the unfunded accrued actuarial liabilities of retirement systems; authorizing a governmental employer to issue obligations to prepay all or a portion of the governmental employer's shares of the unfunded accrued actuarial liabilities of retirement systems and to enter into a lease or other contractual agreement with a trustee or the Alaska Municipal Bond Bank Authority or a subsidiary of the authority in connection with the issuance of obligations for that purpose, and relating to those obligations; and providing for an effective date." There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 278(RLS) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 278(RLS) was read the third time. Representative LeDoux, who was excused (page 3241), left the Chamber. The question being: "Shall CSHB 278(RLS) pass the House?" The roll was taken with the following result: 2006-04-21 House Journal Page 3265 CSHB 278(RLS) Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 5 ABSENT: 1 Yeas: Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Joule, Kelly, Kerttula, Kohring, Kott, Lynn, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Excused: Anderson, Chenault, Kapsner, LeDoux, McGuire Absent: Holm And so, CSHB 278(RLS) 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 278(RLS) was referred to the Chief Clerk for engrossment. HB 384 The Speaker stated that, without objection, the following would be held to the April 24, 2006, calendar: HOUSE BILL NO. 384 "An Act relating to fines and offenses; amending Rule 8(b), Alaska District Court Rules of Criminal Procedure; and providing for an effective date." HB 414 The following was read the second time: HOUSE BILL NO. 414 "An Act relating to allowing a parent or guardian of a minor to intercept the private communications of the minor and to consent to an order authorizing law enforcement to intercept the private communications of the minor." 2006-04-21 House Journal Page 3266 with the: Journal Page HES RPT CS(HES) 4DP 1NR 2AM 2560 FN1: ZERO(CRT) 2561 JUD RPT CS(JUD) 3DP 2NR 2AM 2917 FN2: ZERO(ADM) 2918 FN3: ZERO(ADM) 2918 FN4: ZERO(CRT) 2918 FN5: ZERO(DPS) 2918 RLS RPT CS(RLS) 3DP 4NR 3104 FN2: ZERO(ADM) 3104 FN3: ZERO(ADM) 3104 FN4: ZERO(CRT) 3104 FN5: ZERO(DPS) 3104 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. 414(RLS) (same title) There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 414(RLS) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 414(RLS) will advance to third reading on the April 24, 2006, calendar. HB 426 Representative Coghill moved and asked unanimous consent that the following be moved to the bottom of the calendar. HOUSE BILL NO. 426 "An Act relating to medical assistance eligibility and coverage for persons under 21 years of age." There being no objection, it was so ordered. 2006-04-21 House Journal Page 3267 HB 500 The following was read the second time: HOUSE BILL NO. 500 "An Act amending the principal amount of bonds that may be issued by the Alaska Industrial Development and Export Authority for the purpose of financing the development of Hatcher Pass." with the: Journal Page FIN RPT 1DP 6NR 3180 FN1: ZERO(CED) 3180 Representative Coghill moved and asked unanimous consent that HB 500 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 500 was read the third time. Representative Ramras moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objection was heard, and Representative Ramras was required to vote. The question being: "Shall HB 500 pass the House?" The roll was taken with the following result: HB 500 Third Reading Final Passage YEAS: 31 NAYS: 0 EXCUSED: 5 ABSENT: 4 Yeas: Berkowitz, Coghill, Crawford, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Joule, Kelly, Kerttula, Kohring, Kott, Lynn, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Excused: Anderson, Chenault, Kapsner, LeDoux, McGuire 2006-04-21 House Journal Page 3268 Absent: Cissna, Croft, Holm, Moses And so, HB 500 passed the House and was referred to the Chief Clerk for engrossment. Representative Coghill moved and asked unanimous consent that Representative Croft be excused from a call of the House from noon, today to 10:00 a.m., plane time, April 25, 2006. There being no objection, it was so ordered. HOUSE BILLS IN SECOND READING HB 347 The following, which was held in second reading from the April 20, 2006, calendar (page 3231), was again before the House: 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." Amendment No. 1 (title amendment) was offered by Representative Seaton: Page 1, lines 2 - 3: Delete all material. Insert "impoundments of vehicles used in certain offenses, notices relating to motor vehicles, and notices relating to driver's licenses."" Representative Seaton moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered, and the new title follows: CS FOR HOUSE BILL NO. 347(JUD)(title am) "An Act relating to mandatory motor vehicle insurance, license suspensions, mandatory impoundments of vehicles used in certain offenses, notices relating to motor vehicles, and notices relating to driver's licenses." 2006-04-21 House Journal Page 3269 Amendment No. 2 was offered by Representative Berkowitz: Page 2, line 16: Delete "shall" Insert "may" Representative Berkowitz moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Seaton objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 347(JUD)(title am) Second Reading Amendment No. 2 YEAS: 23 NAYS: 10 EXCUSED: 6 ABSENT: 1 Yeas: Berkowitz, Cissna, Coghill, Crawford, Dahlstrom, Elkins, Foster, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Kerttula, Kohring, Kott, Meyer, Moses, Neuman, Ramras, Rokeberg, Salmon, Stoltze Nays: Gara, Joule, Kelly, Lynn, Olson, Samuels, Seaton, Thomas, Weyhrauch, Wilson Excused: Anderson, Chenault, Croft, Kapsner, LeDoux, McGuire Absent: Holm And so, Amendment No. 2 was adopted. Representative Coghill moved and asked unanimous consent that CSHB 347(JUD) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 347(JUD) am was read the third time. The question being: "Shall CSHB 347(JUD) am pass the House?" The roll was taken with the following result: 2006-04-21 House Journal Page 3270 CSHB 347(JUD) am Third Reading Final Passage YEAS: 30 NAYS: 1 EXCUSED: 6 ABSENT: 3 Yeas: Berkowitz, Cissna, Coghill, Crawford, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Kelly, Kerttula, Kott, Lynn, Meyer, Moses, Neuman, Olson, Ramras, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Nays: Kohring Excused: Anderson, Chenault, Croft, Kapsner, LeDoux, McGuire Absent: Holm, Joule, Rokeberg And so, CSHB 347(JUD) am passed the House and was referred to the Chief Clerk for engrossment. Representative Coghill moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Dahlstrom - from 12:25 p.m., today to 10:00 p.m., plane time, April 23, 2006 Representative Holm - from 12:25 p.m., today to 10:00 a.m., plane time, April 24, 2006 THIRD READING OF HOUSE BILLS HB 307 The following, which was advanced to third reading from the April 20, 2006, calendar (page 3230), was read the third time: CS FOR HOUSE BILL NO. 307(RES) "An Act creating the Knik River Public Use Area." The question being: "Shall CSHB 307(RES) pass the House?" The roll was taken with the following result: 2006-04-21 House Journal Page 3271 CSHB 307(RES) Third Reading Final Passage YEAS: 30 NAYS: 0 EXCUSED: 8 ABSENT: 2 Yeas: Berkowitz, Cissna, Coghill, Crawford, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Joule, Kelly, Kerttula, Kohring, Kott, Lynn, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Anderson, Chenault, Croft, Dahlstrom, Holm, Kapsner, LeDoux, McGuire Absent: Moses, Weyhrauch And so, CSHB 307(RES) passed the House and was referred to the Chief Clerk for engrossment. HB 467 The following, which was advanced to third reading from the April 20, 2006, calendar (page 3232), was read the third time: CS FOR HOUSE BILL NO. 467(HES) "An Act relating to the administration of prescribed remedies and dietary supplements by a nurse." The Speaker stated that, without objection, CSHB 467(HES) will be in third reading on the April 24, 2006, calendar. SECOND READING OF HOUSE BILLS (continued) HB 426 The Speaker stated that, without objection, the following, which had been moved to the bottom of the calendar (page 3266), would be held to the April 24, 2006, calendar: HOUSE BILL NO. 426 "An Act relating to medical assistance eligibility and coverage for persons under 21 years of age." 2006-04-21 House Journal Page 3272 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 - Michael Graham, 2005 Alaska High School Principal of the Year By Representatives Cissna, Harris, Anderson, Berkowitz, Chenault, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Honoring - Margie Achman By Representatives Ramras, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Honoring - Vern Tejas By Representatives Neuman, 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, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Honoring - Delores (Dee) Pralle By Representatives Neuman, 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, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson; Senator Huggins 2006-04-21 House Journal Page 3273 Honoring - Bob Christal By Senator Guess; Representatives 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, Salmon, Samuels, Seaton, Thomas, Weyhrauch, Wilson Honoring - Anchorage's Alaska National Guard By Senator Ellis; Representatives Gardner, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Honoring - Cordova Wolverine Boys' Basketball Team By Senator Kookesh; Representatives Thomas, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Salmon, Samuels, Seaton, Stoltze, Weyhrauch, Wilson Honoring - Kiana Lady Lynx Basketball Team By Senator Olson; Representatives Joule, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Honoring - White Mountain Volunteer Fire Department By Senator Olson; Representatives Foster, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson 2006-04-21 House Journal Page 3274 In Memoriam - Clara Katherine "Katy" Goddard By Senator Therriault; 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, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson UNFINISHED BUSINESS HB 431 The Speaker waived the Finance Committee referral for the following at the request of Representative Meyer, Co-chair: HOUSE BILL NO. 431 "An Act relating to sales of wine by a winery licensee." HB 431 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. HB 482 The Speaker waived the Finance Committee referral for the following at the request of Representative Meyer, Co-chair: HOUSE BILL NO. 482 "An Act relating to harassment, intimidation, and bullying in schools." HB 482 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. Representative Coghill moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Thomas - from 3:00 p.m., April 21 to 8:00 a.m., plane time, April 24, 2006 Representative Elkins - from 1:00 p.m., April 23 to 10:00 p.m., plane time, April 24, 2006 2006-04-21 House Journal Page 3275 HB 29 Representative Foster added his name as cosponsor to: HOUSE BILL NO. 29 "An Act relating to health care insurance and to the Comprehensive Health Insurance Association; and providing for an effective date." HB 190 Representative Crawford removed his name as prime sponsor and added it as first cosponsor; and Representative Foster added his name as prime sponsor to the following: 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 278 Representatives Gardner and Kelly added their names as cosponsors to: CS FOR HOUSE BILL NO. 278(RLS) "An Act relating to prepayments of accrued actuarial liabilities of government retirement systems; relating to the Alaska Municipal Bond Bank Authority; permitting the Alaska Municipal Bond Bank Authority or a subsidiary of the authority to assist state and municipal governmental employers by issuing bonds, notes, commercial paper, or other obligations to enable the governmental employers to prepay all or a portion of the governmental employers' shares of the unfunded accrued actuarial liabilities of retirement systems; authorizing a governmental employer to issue obligations to prepay all or a portion of the governmental employer's shares of the unfunded accrued actuarial liabilities of retirement systems and to enter into a lease or other contractual agreement with a trustee or the Alaska Municipal Bond Bank Authority or a subsidiary of the authority in connection with the 2006-04-21 House Journal Page 3276 issuance of obligations for that purpose, and relating to those obligations; and providing for an effective date." HB 325 Representative Kerttula added her name as cosponsor to: HOUSE BILL NO. 325 "An Act relating to post-conviction DNA testing; and amending Rule 35.1, Alaska Rules of Criminal Procedure." HB 347 Representative Dahlstrom added her name as cosponsor to: CS FOR HOUSE BILL NO. 347(JUD) am "An Act relating to mandatory motor vehicle insurance, license suspensions, mandatory impoundments of vehicles used in certain offenses, notices relating to motor vehicles, and notices relating to driver's licenses." HB 414 Representatives Lynn and Elkins added their names as cosponsors to: CS FOR HOUSE BILL NO. 414(RLS) "An Act relating to allowing a parent or guardian of a minor to intercept the private communications of the minor and to consent to an order authorizing law enforcement to intercept the private communications of the minor." HB 482 Representative Chenault added his name as cosponsor to: HOUSE BILL NO. 482 "An Act relating to harassment, intimidation, and bullying in schools." SB 20 Representative Gatto added his name as cross sponsor to: CS FOR SENATE BILL NO. 20(JUD) "An Act relating to offenses against unborn children." 2006-04-21 House Journal Page 3277 SB 54 Representatives Meyer, Stoltze, and Foster added their names as cross sponsors to: CS FOR HOUSE BILL NO. 54(FIN) "An Act relating to bail review; relating to petitions for review by crime victims where the defendant has received a sentence below the sentencing range for the crime; relating to the qualifications of certain members of the Violent Crimes Compensation Board; relating to the introduction of the victim and the defendant or minor to the jury; amending Rule 27, Alaska Rules of Criminal Procedures, and Rule 21, Alaska Delinquency Rules; and providing for an effective date." SB 55 Representative Hawker added his name as cross sponsor to: CS FOR SENATE BILL NO. 55(FIN) "An Act instructing the commissioner of natural resources to issue a patent for the remaining interest in certain state land to the owner of the agricultural rights to that land." SB 134 Representative Neuman added his name as cross sponsor to: CS FOR SENATE BILL NO. 134(JUD) "An Act relating to a pilot project to review and investigate certain complaints from victims of sexual assault in the first degree or sexual abuse of a minor in the first degree concerning actions of justice agencies." SB 200 Representatives Meyer, Holm, Kelly, and Foster added their names as cross sponsors to: CS FOR SENATE BILL NO. 200(JUD) am "An Act relating to defense of self, other persons, property, or services." 2006-04-21 House Journal Page 3278 ENGROSSMENT HB 278 CSHB 278(RLS) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 307 CSHB 307(RES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 347 CSHB 347(JUD) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 500 HB 500 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: Finance Committee CHANGED TO: 1:45 p.m. Resources Committee CHANGED TO: 2:00 p.m. ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 11:00 a.m., April 24, 2006. There being no objection, the House adjourned at 1:05 p.m. Suzi Lowell Chief Clerk