Legislature(2003 - 2004)

2004-05-11 House Journal

Full Journal pdf

2004-05-11                     House Journal                      Page 4201
                                                                                                    
                               HOUSE JOURNAL                                                     
                                                                                                    
                          ALASKA STATE LEGISLATURE                                               
                                                                                                    
                 TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                      
                                                                                                    
Juneau, Alaska                     Tuesday                   May 11, 2004                         
                                                                                                    
                        One Hundred Twenty-first Day                                           
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 2:02 p.m.                                                                                   
                                                                                                    
Roll call showed 32 members present.  Representatives Anderson,                                     
Croft, Gruenberg, Kookesh, Moses, Stoltze, Weyhrauch, and Williams                                  
were absent and their presence was noted later.                                                     
                                                                                                    
The invocation was offered by the Chaplain, Representative Heinze.                                  
Representative Dahlstrom moved and asked unanimous consent that                                     
the invocation be spread on the journal.  There being no objection, it                              
was so ordered.                                                                                     
                                                                                                    
     God on high, hear our prayer.  We raise our unified voice to                                   
     You in thankfulness for our life; for this beautiful day so                                    
     reflective of Your glory.                                                                      
                                                                                                    
     Over the past two years many prayers have been spoken in                                       
     these chambers; many hearts have been touched.  As we close                                    
     the Twenty-third Legislative Session, let us cherish the                                       
     bittersweet memories that we have shared together:  the                                        
     heartaches and laughter that have resonated in these                                           
     chambers, these halls, and in committee rooms.                                                 
                                                                                                    
     God, humble us enough to learn from our errors and apologize                                   
     for our mistakes.  In retrospect, let us each examine whether                                  
     we as a body collectively raised the bar - did each of us give                                 
     our best to one another, to our constituents, and to ourselves.                                
     And in the stillness of the evening, may that answer                                           
     individually be yes.                                                                           
                                                                                                    

2004-05-11                     House Journal                      Page 4202
       Lift us up in the palm of Your hand.  Walk beside us and keep                               
     us safe.  Amen.                                                                                
                                                                                                    
The Pledge of Allegiance was led by Representative Fate.                                            
                                                                                                    
                                                                                                    
                        CERTIFICATION OF THE JOURNAL                                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 119th legislative day be approved as certified by the                               
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                                                                                                    
                         MESSAGES FROM THE GOVERNOR                                              
HB 347                                                                                            
A message dated May 7, 2004, was read stating the Governor has                                      
signed the following bill and is transmitting the engrossed and enrolled                            
copies to the Lieutenant Governor's office for permanent filing:                                    
                                                                                                    
     HOUSE BILL NO. 347                                                                             
     "An Act exempting taxicabs from the passenger vehicle rental tax;                              
     and providing for an effective date."                                                          
                                                                                                    
     Chapter No. 29, SLA 2004                                                                       
     Effective Date:  May 8, 2004                                                                   
                                                                                                    
**The presence of Representative Moses was noted.                                                   
                                                                                                    
                          MESSAGES FROM THE SENATE                                               
                                                                                                    
HCR 29                                                                                            
A message dated May 10, 2004, was read stating the Senate has                                       
passed:                                                                                             
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 29 am                                                          
     Relating to support for therapeutic courts for repeat driving while                            
     under the influence offenders.                                                                 
                                                                                                    
HCR 29 am was referred to the Chief Clerk for enrollment.                                           
                                                                                                    

2004-05-11                     House Journal                      Page 4203
HB 188                                                                                            
A message dated May 10, 2004, was read stating the Senate has                                       
passed:                                                                                             
                                                                                                    
     HOUSE BILL NO. 188                                                                             
     "An Act relating to the authority of the Department of Natural                                 
     Resources to issue citations for certain skiing violations; relating                           
     to establishing a bail schedule for certain skiing violations and to                           
     procedures for issuing a citation for a skiing violation."                                     
                                                                                                    
HB 188 was referred to the Chief Clerk for enrollment.                                              
                                                                                                    
HB 227                                                                                            
A message dated May 10, 2004, was read stating the Senate has                                       
passed:                                                                                             
                                                                                                    
     CS FOR HOUSE BILL NO. 227(JUD)                                                                 
     "An Act increasing the jurisdictional limit for small claims and for                           
     magistrates from $7,500 to $10,000; increasing the jurisdictional                              
     limit of district courts in certain civil cases from $50,000 to                                
     $100,000; expanding the jurisdiction of district courts; limiting                              
     magistrates from hearing certain small claims cases; and                                       
     amending Rule 11(a)(4), Alaska District Court Rules of Civil                                   
     Procedure, relating to service of process for small claims."                                   
                                                                                                    
CSHB 227(JUD) was referred to the Chief Clerk for enrollment.                                       
                                                                                                    
                                                                                                    
HB 285                                                                                            
A message dated May 10, 2004, was read stating the Senate has                                       
passed:                                                                                             
                                                                                                    
     CS FOR HOUSE BILL NO. 285(JUD)                                                                 
     "An Act adopting the Uniform Electronic Transactions Act;                                      
     repealing certain statutes relating to electronic records and                                  
     electronic signatures; amending Rule 402, Alaska Rules of                                      
     Evidence; and providing for an effective date."                                                
                                                                                                    
CSHB 285(JUD) was referred to the Chief Clerk for enrollment.                                       
                                                                                                    

2004-05-11                     House Journal                      Page 4204
HB 366                                                                                            
A message dated May 10, 2004, was read stating the Senate has                                       
passed:                                                                                             
                                                                                                    
     CS FOR HOUSE BILL NO. 366(FIN)                                                                 
     "An Act relating to animal classic charitable gaming; and                                      
     providing for an effective date."                                                              
                                                                                                    
CSHB 366(FIN) was referred to the Chief Clerk for enrollment.                                       
                                                                                                    
HB 421                                                                                            
A message dated May 10, 2004, was read stating the Senate has                                       
passed:                                                                                             
                                                                                                    
     CS FOR HOUSE BILL NO. 421(JUD)                                                                 
     "An Act relating to reconveyances of deeds of trust."                                          
                                                                                                    
CSHB 421(JUD) was referred to the Chief Clerk for enrollment.                                       
                                                                                                    
HB 489                                                                                            
A message dated May 10, 2004, was read stating the Senate has                                       
passed:                                                                                             
                                                                                                    
     HOUSE BILL NO. 489                                                                             
     "An Act relating to the administration of the Alaska Vocational                                
     Technical Center; and providing for an effective date."                                        
                                                                                                    
HB 489 was referred to the Chief Clerk for enrollment.                                              
                                                                                                    
HB 500                                                                                            
A message dated May 10, 2004, was read stating the Senate has                                       
passed:                                                                                             
                                                                                                    
     HOUSE BILL NO. 500(title am)                                                                   
     "An Act including the Joint Commission on Accreditation of                                     
     Healthcare Organizations under the definition of medical review                                
     organizations."                                                                                
                                                                                                    
HB 500(title am) was referred to the Chief Clerk for enrollment.                                    
                                                                                                    

2004-05-11                     House Journal                      Page 4205
HB 534                                                                                            
A message dated May 10, 2004, was read stating the Senate has                                       
passed:                                                                                             
                                                                                                    
     CS FOR HOUSE BILL NO. 534(FIN)                                                                 
     "An Act repealing the scheduled termination date of the office of                              
     victims' rights."                                                                              
                                                                                                    
CSHB 534(FIN) was referred to the Chief Clerk for enrollment.                                       
                                                                                                    
                                                                                                    
HB 536                                                                                            
A message dated May 10, 2004, was read stating the Senate has                                       
passed:                                                                                             
                                                                                                    
     CS FOR HOUSE BILL NO. 536(MLV)                                                                 
     "An Act relating to applications for permanent fund dividends by                               
     certain individuals serving in the armed forces, and to payment of                             
     certain 2003 and 2004 dividends; and providing for an effective                                
     date."                                                                                         
                                                                                                    
CSHB 536(MLV) was referred to the Chief Clerk for enrollment.                                       
                                                                                                    
                                                                                                    
HB 559                                                                                            
A message dated May 10, 2004, was read stating the Senate has                                       
passed:                                                                                             
                                                                                                    
     HOUSE BILL NO. 559 am                                                                          
     "An Act extending the termination of the state training and                                    
     employment program; and providing for an effective date."                                      
                                                                                                    
HB 559 am was referred to the Chief Clerk for enrollment.                                           
                                                                                                    
                                                                                                    
HB 15                                                                                             
A message dated May 10, 2004, was read stating the Senate has passed                                
CSHB 15(FIN) am with the following amendment and it is transmitted                                  
for consideration:                                                                                  
                                                                                                    

2004-05-11                     House Journal                      Page 4206
     SENATE CS FOR CS FOR HOUSE BILL NO. 15(FIN)                                                    
     "An Act relating to fair trade practices and consumer protection,                              
     to telephone solicitations, to charitable solicitations; and providing                         
     for an effective date."                                                                        
                                                                                                    
CSHB 15(FIN) am is under Unfinished Business.                                                       
                                                                                                    
HB 93                                                                                             
A message dated May 10, 2004, was read stating the Senate has passed                                
CSHB 93(FIN) with the following amendment and it is transmitted for                                 
consideration:                                                                                      
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 93(TRA)                                                    
     "An Act relating to boating safety, registration, and numbering;                               
     extending the sunset date of changes in ch. 28, SLA 2000; and                                  
     providing for an effective date."                                                              
                                                                                                    
CSHB 93(FIN) is under Unfinished Business.                                                          
                                                                                                    
HB 252                                                                                            
A message dated May 10, 2004, was read stating the Senate has                                       
passed:                                                                                             
                                                                                                    
     CS FOR HOUSE BILL NO. 252(STA)                                                                 
     "An Act relating to the terms and duties of the members of the                                 
     State Board of Registration for Architects, Engineers and Land                                 
     Surveyors."                                                                                    
                                                                                                    
with the following amendment and it is transmitted for consideration:                               
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 252(JUD)                                                   
     "An Act relating to the terms and duties of the members of the                                 
     State Board of Registration for Architects, Engineers and Land                                 
     Surveyors; and relating to the employment and classification of an                             
     executive secretary for the board."                                                            
                                                                                                    
 (SCR 24 - title change resolution)                                                                 
                                                                                                    
CSHB 252(STA) is under Unfinished Business.                                                         
                                                                                                    

2004-05-11                     House Journal                      Page 4207
HB 272                                                                                            
A message dated May 10, 2004, was read stating the Senate has passed                                
CSHB 272(STA) am with the following amendment and it is                                             
transmitted for consideration:                                                                      
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 272(L&C) am S                                              
     "An Act relating to the advertising of motor vehicles, including                               
     trailers, for sale by motor vehicle dealers; relating to the financing                         
     of motor vehicle purchases; relating to motor vehicle sales                                    
     contracts; relating to the disclosures required to be made by motor                            
     vehicle dealers when selling motor vehicles, including trailers, or                            
     when their service employees work on commission; relating to a                                 
     motor vehicle dealer's selling as a new or current model vehicle, a                            
     motor vehicle required to be registered under AS 28.10; relating to                            
     a motor vehicle dealer's advertising an offer for the sale, lease, or                          
     purchase of a motor vehicle, including a trailer; relating  to a                               
     motor vehicle dealer's conditioning the sale and delivery of a                                 
     motor vehicle, including a trailer, on the buyer's purchase of other                           
     items; and relating to the return of a buyer's trade-in by a motor                             
     vehicle dealer."                                                                               
                                                                                                    
CSHB 272(STA) am is under Unfinished Business.                                                      
                                                                                                    
                                                                                                    
**The presence of Representative Gruenberg was noted.                                               
                                                                                                    
                                                                                                    
HB 273                                                                                            
A message dated May 10, 2004, was read stating the Senate has passed                                
CSSSHB 273(JUD) am with the following amendment and it is                                           
transmitted for consideration:                                                                      
                                                                                                    
     SENATE CS FOR CS FOR SS FOR HOUSE BILL NO.                                                     
     273(JUD)                                                                                       
     "An Act relating to the right of a parent to waive an                                          
     unemancipated child's claim of negligence against a provider of                                
     sports or recreational activities."                                                            
                                                                                                    
CSSSHB 273(JUD) am is under Unfinished Business.                                                    
                                                                                                    

2004-05-11                     House Journal                      Page 4208
HB 288                                                                                            
A message dated May 10, 2004, was read stating the Senate has                                       
passed:                                                                                             
                                                                                                    
     2d CS FOR HOUSE BILL NO. 288(RLS)                                                              
     "An Act changing the name of the Department of Community and                                   
     Economic Development to the Department of Commerce and                                         
     Community and Economic Development."                                                           
                                                                                                    
                                                                                                    
with the following amendment and it is transmitted for consideration:                               
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 288(STA)                                                   
     "An Act changing the name of the Department of Community and                                   
     Economic Development to the Department of Commerce,                                            
     Community, and Economic Development."                                                          
                                                                                                    
 (SCR 20 - title change resolution failed passage)                                                  
                                                                                                    
2d CSHB 288(RLS) is under Unfinished Business.                                                      
                                                                                                    
                                                                                                    
HB 385                                                                                            
A message dated May 10, 2004, was read stating the Senate has passed                                
CSHB 385(JUD) with the following amendment and it is transmitted                                    
for consideration:                                                                                  
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 385(JUD)                                                   
     "An Act relating to awarding child custody; and providing for an                               
     effective date."                                                                               
                                                                                                    
                                                                                                    
CSHB 385(JUD) is under Unfinished Business.                                                         
                                                                                                    
                                                                                                    
HB 418                                                                                            
A message dated May 10, 2004, was read stating the Senate has passed                                
CSHB 418(FIN) with the following amendment and it is transmitted                                    
for consideration:                                                                                  
                                                                                                    

2004-05-11                     House Journal                      Page 4209
     SENATE CS FOR CS FOR HOUSE BILL NO. 418(FIN)                                                   
     "An Act extending the termination date of the Real Estate                                      
     Commission; relating to real estate; relating to home inspectors;                              
     relating to real estate licensees; and providing for an effective                              
     date."                                                                                         
                                                                                                    
CSHB 418(FIN) is under Unfinished Business.                                                         
                                                                                                    
                                                                                                    
HB 419                                                                                            
A message dated May 10, 2004, was read stating the Senate has passed                                
CSHB 419(RES) with the following amendment and it is transmitted                                    
for consideration:                                                                                  
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 419(FIN)                                                   
     "An Act relating to regional seafood development associations and                              
     to regional seafood development taxes."                                                        
                                                                                                    
CSHB 419(RES) is under Unfinished Business.                                                         
                                                                                                    
                                                                                                    
HB 459                                                                                            
A message dated May 10, 2004, was read stating the Senate has                                       
passed:                                                                                             
                                                                                                    
     CS FOR HOUSE BILL NO. 459(STA)                                                                 
     "An Act relating to optically scanned and electronically generated                             
     ballots; and providing for an effective date."                                                 
                                                                                                    
                                                                                                    
with the following amendment and it is transmitted for consideration:                               
                                                                                                    
     CS FOR HOUSE BILL NO. 459(STA) am S                                                            
     "An Act relating to optically scanned and electronically generated                             
     ballots and to early voting; and providing for an effective date."                            
                                                                                                    
 (SCR 28 - title change resolution)                                                                 
                                                                                                    
CSHB 459(STA) is under Unfinished Business.                                                         
                                                                                                    

2004-05-11                     House Journal                      Page 4210
HB 467                                                                                            
A message dated May 10, 2004, was read stating the Senate has passed                                
CSHB 467(FIN) with the following amendment and it is transmitted                                    
for consideration:                                                                                  
                                                                                                    
     CS FOR HOUSE BILL NO. 467(FIN) am S                                                            
     "An Act establishing an Alaska Commemorative Coin                                              
     Commission to develop the design concepts and to make                                          
     recommendations regarding the final design of the Alaska quarter                               
     under the 50 States Commemorative Coin Program Act; and                                        
     providing for an effective date."                                                              
                                                                                                    
CSHB 467(FIN) is under Unfinished Business.                                                         
                                                                                                    
HB 476                                                                                            
A message dated May 10, 2004, was read stating the Senate has passed                                
CSHB 476(STA) with the following amendment and it is transmitted                                    
for consideration:                                                                                  
                                                                                                    
     CS FOR HOUSE BILL NO. 476(STA) am S                                                            
     "An Act establishing the Alaska Statehood Celebration                                          
     Commission; and providing for an effective date."                                              
                                                                                                    
CSHB 476(STA) is under Unfinished Business.                                                         
                                                                                                    
**The presence of Representative Kookesh was noted.                                                 
                                                                                                    
HB 494                                                                                            
A message dated May 10, 2004, was read stating the Senate has passed                                
CSHB 494(FIN) am with the following amendment and it is                                             
transmitted for consideration:                                                                      
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 494(FIN)                                                   
     "An Act relating to the methods of disbursement of money by the                                
     state, including employment compensation, unemployment                                         
     payments, and permanent fund dividends, and to bank investments                                
      and deposits by the state; and providing for an effective date."                             
                                                                                                    
CSHB 494(FIN) am is under Unfinished Business.                                                      
                                                                                                    

2004-05-11                     House Journal                      Page 4211
**The presence of Representative Croft was noted.                                                   
                                                                                                    
HB 531                                                                                            
A message dated May 10, 2004, was read stating the Senate has passed                                
CSHB 531(FIN) am with the following amendment and it is                                             
transmitted for consideration:                                                                      
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 531(FIN)                                                   
     "An Act relating to natural gas exploration and development and                                
     to nonconventional gas, and amending the section under which                                   
     shallow natural gas leases may be issued; and providing for an                                 
     effective date."                                                                               
                                                                                                    
CSHB 531(FIN) am is under Unfinished Business.                                                      
                                                                                                    
HB 533                                                                                            
A message dated May 10, 2004, was read stating the Senate has passed                                
CSHB 533(JUD) with the following amendment and it is transmitted                                    
for consideration:                                                                                  
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 533(FIN)                                                   
     "An Act relating to the state's administrative procedures and to                               
     judicial oversight of administrative matters."                                                 
                                                                                                    
CSHB 533(JUD) is under Unfinished Business.                                                         
                                                                                                    
SB 301                                                                                            
A message dated May 10, 2004, was read stating the President has                                    
appointed the following members to a Conference Committee:                                          
                                                                                                    
     Senator Bunde, Chair                                                                           
     Senator Stedman                                                                                
     Senator Olson                                                                                  
                                                                                                    
to meet with a like committee from the House to consider:                                           
                                                                                                    
             HOUSE CS FOR CS FOR SENATE BILL NO. 301(FIN) am H                                     
     "An Act relating to the Alaska Pioneers' Home and the Alaska                                   
     Veterans' Home; relating to eligibility for admission to the Alaska                            
     Pioneers' Home and Alaska Veterans' Home; relating to the                                      

2004-05-11                     House Journal                      Page 4212
     eligibility of residents for the Alaska Pioneers' Home and the                                 
     Alaska Veterans' Home for general relief assistance; relating to                               
     state veterans' home facilities; making conforming amendments;                                 
     and providing for an effective date."                                                          
                                                                                                    
and                                                                                                 
                                                                                                    
     CS FOR SENATE BILL NO. 301(FIN)                                                                
     (same title)                                                                                   
                                                                                                    
The House members of the Conference Committee are Representatives                                   
Foster (Chair), Wilson, and Gruenberg (page 4082).                                                  
                                                                                                    
**The presence of Representative Anderson was noted.                                                
                                                                                                    
Messages dated May 10, 2004, were read stating the Senate has passed                                
the following and they are transmitted for consideration:                                           
                                                                                                    
                        FIRST READING AND REFERENCE                                              
                           OF SENATE RESOLUTIONS                                                 
                                                                                                    
SCR 24                                                                                            
SENATE CONCURRENT RESOLUTION NO. 24 by the Senate                                                   
Judiciary Committee:                                                                                
                                                                                                    
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                 
     the Alaska State Legislature, concerning House Bill No. 252,                                   
     relating to boards under AS 08.01.                                                             
                                                                                                    
was read the first time and taken up later as a Special Order of                                    
Business.                                                                                           
                                                                                                    
SCR 27                                                                                            
SENATE CONCURRENT RESOLUTION NO. 27 by the Senate                                                   
Resources Committee:                                                                                
                                                                                                    
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                 
     the Alaska State Legislature, concerning House Bill No. 452,                                   
     relating to sport fishing operators and sport fishing guides.                                  
                                                                                                    

2004-05-11                     House Journal                      Page 4213
was read the first time and taken up later as a Special Order of                                    
Business.                                                                                           
                                                                                                    
                               COMMUNICATIONS                                                    
                                                                                                    
The following letter dated May 10, 2004, was received:                                              
                                                                                                    
"Re:  Medical Services of Senator Donny Olson.                                                      
                                                                                                    
Dear Chief Clerk Lowell,                                                                            
                                                                                                    
With this letter we wish to acknowledge and record our sincere and                                  
deep appreciation for the medical services that Senator Donny Olson                                 
has rendered to members and staff of the Alaska State Legislature.                                  
Too frequently, we have had medical events where fortunately he has                                 
been on scene in seconds, assessing and stabilizing the situation until                             
other medical personnel and equipment can arrive.                                                   
                                                                                                    
The events themselves give us a sense of our vulnerability in this                                  
stressful arena of public service.  His quick response, professionalism                             
and take charge attitude has been a relief and comfort to us.  His                                  
actions exemplify the value of medical care givers.                                                 
                                                                                                    
Moreover, he has been generously available to all of us to respond to                               
personal medical complaints and uncertainties.  In effect, he has been                              
our resident doctor, not only making "House calls," but also "Senate                                
calls."                                                                                             
                                                                                                    
We are most grateful for the actions and attention of Dr. Donny Olson,                              
and express our sincere appreciation for the professionalism and                                    
compassion of this true friend who is always there in time of need.                                 
                                                                                                    
Sincerely,                                                                                          
/s/         /s/                                                                                     
Representative Bill Stoltze   Representative Lesil McGuire                                          
House District 16     House District 28"                                                            
                                                                                                    
                       REPORTS OF STANDING COMMITTEES                                            
                                                                                                    
SB 306                                                                                            
The Judiciary Committee has considered:                                                             

2004-05-11                     House Journal                      Page 4214
     CS FOR SENATE BILL NO. 306(FIN) am                                                             
     "An Act relating to the practice of naturopathic medicine; and                                 
     providing for an effective date."                                                              
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 306(JUD)                                                   
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Samuels, Gara, Gruenberg, Anderson, McGuire                                           
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 306(JUD):                                            
                                                                                                    
2.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
CSSB 306(FIN) am is on today's calendar.                                                            
                                                                                                    
                                                                                                    
                       REPORTS OF SPECIAL COMMITTEES                                             
                                                                                                    
SB 301                                                                                            
The Conference Committee considering:                                                               
                                                                                                    
             HOUSE CS FOR CS FOR SENATE BILL NO. 301(FIN) am H                                     
     "An Act relating to the Alaska Pioneers' Home and the Alaska                                   
     Veterans' Home; relating to eligibility for admission to the Alaska                            
     Pioneers' Home and Alaska Veterans' Home; relating to the                                      
     eligibility of residents for the Alaska Pioneers' Home and the                                 
     Alaska Veterans' Home for general relief assistance; relating to                               
     state veterans' home facilities; making conforming amendments;                                 
     and providing for an effective date."                                                          
                                                                                                    
and                                                                                                 
                                                                                                    
     CS FOR SENATE BILL NO. 301(FIN)                                                                
     (same title)                                                                                   
                                                                                                    

2004-05-11                     House Journal                      Page 4215
requests limited powers of free conference on the following specific                                
point(s):                                                                                           
                                                                                                    
     House Changes to CSSB 301(FIN):                                                                
                                                                                                    
     Change to section 2 amending Sec. 15.05.020.  Rules for                                        
     determining residence of voter:                                                                
                                                                                                    
     Page 3, line 3, changed "by the voter notifying" to "if the                                    
     voter notifies".                                                                               
                                                                                                    
                                                                                                    
     Changes to section 15 amending Sec. 47.55.010.                                                 
     Maintenance and operation of Alaska Pioneers' Home and                                         
     Alaska Veterans' Home:                                                                         
                                                                                                    
     1. On page 6, line 31, and page 7, lines 2 and 5, the words                                    
     "and operate" were added following the word "maintain".                                        
     2. On page 7, "Anchorage, Fairbanks, Juneau, Ketchikan,                                        
     Palmer" were added after the word "Sitka" to indicate the                                      
     places where Pioneers' Homes are operated.                                                     
     3. Page 8, added lines 12 - 14, to read "(f)  The department                                   
     shall conduct, at least annually, an unannounced inspection of                                 
     each site of the Alaska Pioneers' Home and the Alaska                                          
     Veterans' Home to determine compliance of the facilities with                                  
     all applicable laws and regulations."                                                          
     4. Page 6, line 30, added the phrase "Except as otherwise                                      
     provided in this subsection," after (a).                                                       
                                                                                                    
     Changes to section 16 amending Sec. 47.55.020.  Admission                                      
     to a home:                                                                                     
                                                                                                    
     1. Page 8, Line 27, changes the amount of income an                                            
     individual who is being subsidized for the cost of care can                                    
     keep from $100 to $150 each month.                                                             
     2. Page 9, line 17, makes conforming change increasing                                         
     $100 to $150.                                                                                  
     3. Page 10, line 8, increases the value of personal property a                                 
     subsidized resident may keep from $5,000 to $10,000.                                           
                                                                                                    

2004-05-11                     House Journal                      Page 4216
The request was signed by Representatives Foster (Chair), Wilson,                                   
Gruenberg; and Senators Bunde (Chair), Stedman, Olson.                                              
                                                                                                    
The Speaker granted the limited powers of free conference (page                                     
4082).                                                                                              
                                                                                                    
                                                                                                    
HB 375                                                                                            
The Conference Committee with limited powers of free conference                                     
considering CSHB 375(FIN) am and SCS CSHB 375(FIN) am S(brf                                         
sup maj fld S) recommends the following be adopted:                                                 
                                                                                                    
     CONFERENCE CS FOR HOUSE BILL NO. 375                                                           
     "An Act making appropriations for the operating and loan                                       
     program expenses of state government, for certain programs, and                                
     to capitalize funds; and providing for an effective date."                                     
                                                                                                    
The report was signed by Representatives Harris (Chair), Williams,                                  
Croft; and Senators Green, Wilken, Hoffman.                                                         
                                                                                                    
                                                                                                    
The report was received at 1:37 a.m., May 10, 2004, and is under                                    
Unfinished Business.                                                                                
                                                                                                    
**The presence of Representative Stoltze was noted.                                                 
                                                                                                    
                                                                                                    
HB 377                                                                                            
The Conference Committee with limited powers of free conference                                     
considering CSHB 377(FIN) and SCS CSHB 377(FIN) recommends                                          
the following be adopted:                                                                           
                                                                                                    
     CONFERENCE CS FOR HOUSE BILL NO. 377                                                           
     "An Act making appropriations for the operating and capital                                    
     expenses of the state's integrated comprehensive mental health                                 
     program; and providing for an effective date."                                                 
                                                                                                    
The report was signed by Representatives Harris (Chair), Williams,                                  
Croft; and Senators Green, Wilken, Hoffman.                                                         
                                                                                                    

2004-05-11                     House Journal                      Page 4217
The report was received at 1:37 a.m., May 10, 2004, and is under                                    
Unfinished Business.                                                                                
                                                                                                    
SB 30                                                                                             
The Conference Committee considering HCS CSSB 30(JUD) and                                           
CSSB 30(JUD) am recommends the following be adopted:                                                
                                                                                                    
     CONFERENCE CS FOR SENATE BILL NO. 30                                                           
     "An Act relating to information and services available to pregnant                             
     women and other persons; ensuring informed consent before an                                   
     abortion may be performed; and providing exceptions to informed                                
     consent in certain cases."                                                                     
                                                                                                    
The report was signed by Representatives Dahlstrom (Chair), Coghill,                                
Cissna; and Senators Dyson (Chair), Seekins, Lincoln.                                               
                                                                                                    
The following fiscal note(s) apply to CCS SB 30:                                                    
                                                                                                    
3.  Fiscal, Dept. of Health & Social Services                                                       
4.  Fiscal, Dept. of Health & Social Services                                                       
                                                                                                    
The report is under Unfinished Business.                                                            
                                                                                                    
                                                                                                    
SB 283                                                                                            
The Free Conference Committee considering CSSB 283(FIN) am H                                        
and CSSB 283(FIN) recommends the following be adopted:                                              
                                                                                                    
     FREE CONFERENCE CS FOR SENATE BILL NO. 283                                                     
     "An Act making, amending, and repealing appropriations,                                        
     including capital appropriations, supplemental appropriations,                                 
     reappropriations, and appropriations to capitalize funds; making                               
     appropriations under art. IX, sec. 17(c), Constitution of the State                            
     of Alaska, from the constitutional budget reserve fund; and                                    
     providing for an effective date."                                                              
                                                                                                    
     (SCR 30 - title change resolution)                                                             
                                                                                                    
The report was signed by Representatives Williams (Chair), Kott,                                    
Joule; and Senators Wilken (Chair), Therriault, Hoffman.                                            

2004-05-11                     House Journal                      Page 4218
The report was received at 6:55 a.m., May 11, 2004, and is under                                    
Unfinished Business.                                                                                
                                                                                                    
**The presence of Representative Williams was noted.                                                
                                                                                                    
SB 301                                                                                            
The Conference Committee with limited powers of free conference                                     
considering HCS CSSB 301(FIN) am H and CSSB 301(FIN)                                                
recommends the following be adopted:                                                                
                                                                                                    
     CONFERENCE CS FOR SENATE BILL NO. 301                                                          
     "An Act relating to the Alaska Pioneers' Home and the Alaska                                   
     Veterans' Home; relating to eligibility for admission to the Alaska                            
     Pioneers' Home and Alaska Veterans' Home; relating to the                                      
     eligibility of residents for the Alaska Pioneers' Home and the                                 
     Alaska Veterans' Home for general relief assistance; relating to                               
     state veterans' home facilities; making conforming amendments;                                 
     and providing for an effective date."                                                          
                                                                                                    
A Legislative letter of intent (Senate Journal page 2364) and a House                               
letter of intent (page 3320) were attached.                                                         
                                                                                                    
The following fiscal note(s) apply to CCS SB 301:                                                   
                                                                                                    
1.  Fiscal, Health, Education & Social Services                                                     
                                                                                                    
The report was signed by Representatives Foster (Chair), Wilson,                                    
Gruenberg; and Senators Bunde (Chair), Stedman, Olson.                                              
                                                                                                    
The report is under Unfinished Business.                                                            
                                                                                                    
                         INTRODUCTION OF CITATIONS                                               
                                                                                                    
The following citations were introduced and taken up later as the First                             
Special Order Citation Calendar:                                                                    
                                                                                                    
Honoring - Representative Hugh "Bud" Fate                                                           
By Representative Heinze                                                                            
                                                                                                    
Honoring - Greg Pease                                                                               
By Representatives Kerttula, Weyhrauch; Senator Elton                                               

2004-05-11                     House Journal                      Page 4219
Honoring - Kim Rampmeyer, Darrell Vincek, Bowman Elementary                                         
School                                                                                              
By Representative Lynn                                                                              
                                                                                                    
Honoring - Mae M. Tischer                                                                           
By Representative Masek                                                                             
                                                                                                    
Honoring - Centennial of Hope School                                                                
By Representative Hawker                                                                            
                                                                                                    
Honoring - Valdez City School District                                                              
By Representative Harris; Senator Therriault                                                        
                                                                                                    
Honoring - Delta/Greely School District                                                             
By Representative Harris; Senator Therriault                                                        
                                                                                                    
Honoring - Academy Charter School                                                                   
By Representative Gatto                                                                             
                                                                                                    
Honoring - AARP Alaska, Annual Day of Service                                                       
By Representative Masek                                                                             
                                                                                                    
Honoring - Dollars for Dogs, Inc.                                                                   
By Representative Hawker                                                                            
                                                                                                    
Honoring - Vonda K. Brown                                                                           
By Senator Therriault                                                                               
                                                                                                    
Honoring - Kenai Chamber of Commerce 2003 Community Awards                                          
By Senator Wagoner                                                                                  
                                                                                                    
In Memoriam - William Kozlowski                                                                     
By Representatives Kerttula, Weyhrauch; Senator Elton                                               
                                                                                                    
In Memoriam - Leo A. Grasso, Sr.                                                                    
By Representative Chenault                                                                          
                                                                                                    
In Memoriam - Francis Frazier                                                                       
By Representative Chenault                                                                          
                                                                                                    
In Memoriam - Randy Dean Esquiro                                                                    
By Representative Chenault                                                                          

2004-05-11                     House Journal                      Page 4220
In Memoriam - Matilda S. Dzinich                                                                    
By Representatives Kerttula, Weyhrauch; Senator Elton                                               
                                                                                                    
In Memoriam - Lois A. Calvin                                                                        
By Representative Chenault                                                                          
                                                                                                    
In Memoriam - Lisa Danette Bird                                                                     
By Representative Chenault                                                                          
                                                                                                    
In Memoriam - Jack Austin III                                                                       
By Representative Chenault                                                                          
                                                                                                    
                                                                                                    
In Memoriam - Katie Ann Gilila Rael Taassi                                                          
By Representative Kapsner; Senator Hoffman                                                          
                                                                                                    
In Memoriam - Keli Ann Mahoney                                                                      
By Representative Masek                                                                             
                                                                                                    
In Memoriam - Kenneth Huizenga                                                                      
By Representative McGuire                                                                           
                                                                                                    
In Memoriam - Margaret "Maggie" Wigen                                                               
By Representatives Kerttula, Weyhrauch; Senators Lincoln, Elton                                     
                                                                                                    
In Memoriam - Bethany Rose Correira                                                                 
By Senator Ogan; Representative Masek                                                               
                                                                                                    
**The presence of Representative Weyhrauch was noted.                                               
                                                                                                    
                                                                                                    
The Speaker stated that, without objection, all members of the House                                
would be shown as cosponsors of the citation Honoring -                                             
Representative Hugh "Bud" Fate.                                                                     
                                                                                                    
                                                                                                    
Representative Holm moved and asked unanimous consent that the                                      
House advance to Special Orders.  There being no objection, it was so                               
ordered.                                                                                            
                                                                                                    

2004-05-11                     House Journal                      Page 4221
                         SPECIAL ORDER OF BUSINESS                                               
                                                                                                    
Representative Kerttula moved and asked unanimous consent that the                                  
following, which was offered by Representatives Heinze and Foster in                                
honor of Representative Fate, be spread on the journal.  There being                                
no objection, it was so ordered.                                                                    
                                                                                                    
             1949 - Hugh Bud Fate grabbed saddle, boots, chaps,                                    
                            headed to Hollywood.                                                   
                                                                                                    
                   Stopped in Washington to see his dad.                                           
                          Sent his dad to Alaska.                                                  
                Dad gets to Alaska and calls Bud for a job.                                        
                                                                                                    
                  In Point Barrow and Umiat as a driller.                                          
                            Paid $1200 a month.                                                    
                                                                                                    
                      1950 and Bud's drafted to Korea,                                             
                            came back to Alaska.                                                   
                                                                                                    
              Traded his oil rig drill in for a dental drill.                                      
                                                                                                    
                               Met Mary Jane                                                       
                                                                                                    
                      Bud then spent his life serving                                              
                          and raising his family.                                                  
                                                                                                    
                      Bud has served in some capacity                                              
                        under every single Governor.                                               
                                                                                                    
                Bud, we have been honored to have you in our                                       
                  presence and you will be sorely missed.                                          
                                                                                                    
Representative Holm led the members in singing the following:                                       
                                                                                                    
                       You don't have to stay forever                                              
                             We all understand                                                     
                        Even though you're far away                                                
                       You'll still be close at hand                                               
                                                                                                    

2004-05-11                     House Journal                      Page 4222
                           Believe us, believe us                                                  
                                                                                                    
                       We don't have to make a motion                                              
                            Or join in a debate                                                    
                        We don't have to reconsider                                                
                          We all know you're great                                                 
                                                                                                    
                           Believe us, believe us                                                  
                                                                                                    
                                Oh, Bud Fate                                                       
                            We will miss you so.                                                   
                                                                                                    
                                                                                                    
                    CONSIDERATION OF THE DAILY CALENDAR                                          
                                                                                                    
                       SECOND READING OF SENATE BILLS                                            
                                                                                                    
SB 302                                                                                            
The following, which is on today's calendar, is in the Finance                                      
Committee:                                                                                          
                                                                                                    
     CS FOR SENATE BILL NO. 302(FIN)                                                                
     "An Act relating to the authority to take oaths, affirmations, and                             
     acknowledgments in the state, to notarizations, to verifications, to                           
     acknowledgments, to fees for issuing certificates with the seal of                             
     the state affixed, and to notaries public; and providing for an                                
     effective date."                                                                               
                                                                                                    
                                                                                                    
SB 306                                                                                            
The following was read the second time:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 306(FIN) am                                                             
     "An Act relating to the practice of naturopathic medicine; and                                 
     providing for an effective date."                                                              
                                                                                                    
with the:                                                      Journal Page                         
                                                                                                    
 JUD RPT HCS(JUD) 5DP                                                  4213                         
 FN2: ZERO(CED)                                                        4214                         
                                                                                                    

2004-05-11                     House Journal                      Page 4223
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 306(JUD)                                                   
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that HCS                                   
CSSB 306(JUD) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
HCS CSSB 306(JUD) was read the third time.                                                          
                                                                                                    
The question being:  "Shall HCS CSSB 306(JUD) pass the House?"                                      
The roll was taken with the following result:                                                       
                                                                                                    
HCS CSSB 306(JUD)                                                                                   
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  35   NAYS:  5   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                 
Hawker, Heinze, Holm, Joule, Kerttula, Kohring, Kott, Masek,                                        
McGuire, Meyer, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich,                                   
Stoltze, Weyhrauch, Williams, Wilson, Wolf                                                          
                                                                                                    
Nays:  Foster, Kapsner, Kookesh, Lynn, Morgan                                                       
                                                                                                    
And so, HCS CSSB 306(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.                                
                                                                                                    
HCS CSSB 306(JUD) was engrossed, signed by the Speaker and Chief                                    
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    

2004-05-11                     House Journal                      Page 4224
SB 368                                                                                            
The following, which is on today's calendar, is in the Finance                                      
Committee:                                                                                          
                                                                                                    
     CS FOR SENATE BILL NO. 368(FIN) am                                                             
     "An Act relating to taxes on cigarettes and tobacco products, to                               
     tax stamps on cigarettes, to forfeiture of cigarettes and of property                          
     used in the manufacture, transportation, or sale of unstamped                                  
     cigarettes, and to licenses and licensees under the Cigarette Tax                              
     Act; and providing for an effective date."                                                     
                                                                                                    
                       THIRD READING OF SENATE BILLS                                             
                                                                                                    
SB 224                                                                                            
The following, which was advanced to third reading from the May 10,                                 
2004, calendar (page 4120), was read the third time:                                                
                                                                                                    
     CS FOR SENATE BILL NO. 224(STA)                                                                
     "An Act relating to a minor operating a vehicle after consuming                                
     alcohol, to a minor refusing to submit to chemical tests, and to                               
     driving during the 24 hours after being cited for one of those                                 
     offenses; and providing for an effective date."                                                
                                                                                                    
The question being:  "Shall CSSB 224(STA) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSSB 224(STA)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  40   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring,                                    
Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg,                                     
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    
And so, CSSB 224(STA) passed the House.                                                             
                                                                                                    

2004-05-11                     House Journal                      Page 4225
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
CSSB 224(STA) was signed by the Speaker and Chief Clerk and                                         
returned to the Senate.                                                                             
                                                                                                    
SB 227                                                                                            
The following, which was advanced to third reading from the May 10,                                 
2004, calendar (page 4182), was read the third time:                                                
                                                                                                    
     CS FOR SENATE BILL NO. 227(STA) am                                                             
     "An Act relating to municipal runoff elections and to municipal                                
     initiative and referendum elections."                                                          
                                                                                                    
The Speaker stated that, without objection, CSSB 227(STA) am would                                  
be returned to the Rules Committee.                                                                 
                                                                                                    
                              RECONSIDERATION                                                    
                                                                                                    
SB 132                                                                                            
Representative Rokeberg brought up reconsideration of the vote (page                                
4181) on the following and withdrew the motion.                                                     
                                                                                                    
     CS FOR SENATE BILL NO. 132(RES)                                                                
     "An Act removing the Old Minto townsite from the Minto Flats                                   
     State Game Refuge; and authorizing the Department of Natural                                   
     Resources to convey certain land at the historic Old Minto site to                             
     the Native Village of Minto."                                                                  
                                                                                                    
SB 306                                                                                            
Representative Croft moved and asked unanimous consent that the                                     
House rescind previous action in passing the following (page 4223):                                 
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 306(JUD)                                                   
     "An Act relating to the practice of naturopathic medicine; and                                 
     providing for an effective date."                                                              
                                                                                                    
The Speaker stated the motion was out of order because HCS CSSB                                     
306(JUD) was not in possession of the House (page 4223).                                            

2004-05-11                     House Journal                      Page 4226
SB 179                                                                                            
Representative Rokeberg brought up reconsideration of the vote on                                   
CSSB179(FIN) (page 4156).                                                                           
                                                                                                    
The following was again before the House in third reading:                                          
                                                                                                    
     CS FOR SENATE BILL NO. 179(FIN)                                                                
     "An Act relating to criminal history records and background                                    
     checks; allowing persons to teach in the public schools for up to                              
     five months without a teaching certificate if the person has applied                           
     for a certificate and the application has not been acted upon by the                           
     Department of Education and Early Development due to a delay in                                
     receiving criminal history records; allowing teacher certification                             
     for certain persons based on a criminal history background check                               
     without fingerprints; and providing for an effective date."                                    
                                                                                                    
The question to be reconsidered:  "Shall CSSB179(FIN) pass the                                      
House?"  The roll was taken with the following result:                                              
                                                                                                    
CSSB 179(FIN)--RECONSIDERATION                                                                      
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  28   NAYS:  6   EXCUSED:  0   ABSENT:  6                                                   
                                                                                                    
Yeas:  Chenault, Crawford, Croft, Dahlstrom, Fate, Foster, Gatto,                                   
Gruenberg, Guttenberg, Harris, Holm, Joule, Kapsner, Kookesh, Kott,                                 
Lynn, Masek, Meyer, Morgan, Moses, Ogg, Rokeberg, Seaton,                                           
Stepovich, Stoltze, Williams, Wilson, Wolf                                                          
                                                                                                    
Nays:  Berkowitz, Coghill, Hawker, Kerttula, Kohring, Samuels                                       
                                                                                                    
Absent:  Anderson, Cissna, Gara, Heinze, McGuire, Weyhrauch                                         
                                                                                                    
Kohring changed from "Yea" to "Nay".                                                                
                                                                                                    
And so, CSSB179(FIN) passed the House on reconsideration.                                           
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    

2004-05-11                     House Journal                      Page 4227
CSSB179(FIN) was signed by the Speaker and Chief Clerk and                                          
returned to the Senate.                                                                             
                                                                                                    
                                                                                                    
SB 232                                                                                            
Representative Rokeberg brought up reconsideration of the vote on                                   
CSSB232(FIN) (page 4121).                                                                           
                                                                                                    
The following was again before the House in third reading:                                          
                                                                                                    
     CS FOR SENATE BILL NO. 232(FIN)                                                                
     "An Act relating to federal tax requirements for and other                                     
     provisions of the teachers' retirement system, the public                                      
     employees' retirement system, and the judicial retirement system;                              
     removing village public safety officers from the public employees'                             
     retirement system; eliminating the public employees' retirement                                
     system conditional duty to refund contributions under $1,000 to                                
     inactive employees; limiting service credit for village public                                 
     safety officer service in the public employees' retirement system                              
     to five years; and providing for an effective date."                                           
                                                                                                    
                                                                                                    
The question to be reconsidered:  "Shall CSSB232(FIN) pass the                                      
House?"  The roll was taken with the following result:                                              
                                                                                                    
CSSB 232(FIN)--RECONSIDERATION                                                                      
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  34   NAYS:  0   EXCUSED:  0   ABSENT:  6                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Coghill, Crawford, Croft, Dahlstrom,                                    
Fate, Foster, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm,                                   
Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek,                                      
Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich,                                    
Stoltze, Williams, Wilson, Wolf                                                                     
                                                                                                    
Absent:  Anderson, Cissna, Gara, Heinze, McGuire, Weyhrauch                                         
                                                                                                    
                                                                                                    
And so, CSSB232(FIN) passed the House on reconsideration.                                           
                                                                                                    

2004-05-11                     House Journal                      Page 4228
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.                                
                                                                                                    
CSSB232(FIN) was signed by the Speaker and Chief Clerk and                                          
returned to the Senate.                                                                             
                                                                                                    
                                                                                                    
                        CONCUR IN SENATE AMENDMENTS                                              
                                                                                                    
HB 10                                                                                             
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4029) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 10(HES)                                                                  
     "An Act relating to pooling by employers and self-employed                                     
     individuals for purposes of group health insurance; and providing                              
     for an effective date."                                                                        
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 10(FIN)                                                    
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHB 10(HES), thus adopting SCS CSHB 10(FIN),                                          
and recommended that the members vote yes.                                                          
                                                                                                    
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 10(HES)?"  The roll was taken with the                                            
following result:                                                                                   
                                                                                                    
SCS CSHB 10(FIN)                                                                                    
Concur                                                                                              
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   

2004-05-11                     House Journal                      Page 4229
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring,                                    
Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg,                                     
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams, Wilson,                                    
Wolf                                                                                                
                                                                                                    
Absent:  Weyhrauch                                                                                  
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 10(FIN).                                                                                   
                                                                                                    
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.                                
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
SCS CSHB 10(FIN) was referred to the Chief Clerk for enrollment.                                    
                                                                                                    
                                                                                                    
HB 93                                                                                             
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4206) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 93(FIN)                                                                  
     "An Act relating to boating safety, registration, and numbering;                               
     extending the sunset date of changes in ch. 28, SLA 2000; and                                  
     providing for an effective date."                                                              
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 93(TRA)                                                    
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHB 93(FIN), thus adopting SCS CSHB 93(TRA),                                          
and recommended that the members vote yes.                                                          

2004-05-11                     House Journal                      Page 4230
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 93(FIN)?"  The roll was taken with the                                            
following result:                                                                                   
                                                                                                    
SCS CSHB 93(TRA)                                                                                    
Concur                                                                                              
                                                                                                    
YEAS:  36   NAYS:  3   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kookesh, Kott,                                    
Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                          
Samuels, Seaton, Stepovich, Williams, Wilson, Wolf                                                  
                                                                                                    
Nays:  Holm, Kohring, Stoltze                                                                       
                                                                                                    
Absent:  Weyhrauch                                                                                  
                                                                                                    
Holm changed from "Yea" to "Nay".                                                                   
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 93(TRA).                                                                                   
                                                                                                    
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.                                
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
SCS CSHB 93(TRA) was referred to the Chief Clerk for enrollment.                                    
                                                                                                    
HB 467                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4210) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 467(FIN)                                                                 
     "An Act establishing an Alaska Commemorative Coin                                              
     Commission to develop the design concepts and to make                                          
     recommendations regarding the final design of the Alaska quarter                               
     under the 50 States Commemorative Coin Program Act; and                                        
     providing for an effective date."                                                              

2004-05-11                     House Journal                      Page 4231
and                                                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 467(FIN) am S                                                            
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHB 467(FIN), thus adopting CSHB 467(FIN) am S,                                       
and recommended that the members vote yes.                                                          
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 467(FIN)?"  The roll was taken with the                                           
following result:                                                                                   
                                                                                                    
CSHB 467(FIN) am S                                                                                  
Concur                                                                                              
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring,                                    
Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg,                                     
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Absent:  Rokeberg                                                                                   
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
CSHB 467(FIN) am S.                                                                                 
                                                                                                    
                                                                                                    
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.                                
                                                                                                    
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
CSHB 467(FIN) am S was referred to the Chief Clerk for enrollment.                                  
                                                                                                    

2004-05-11                     House Journal                      Page 4232
HB 476                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4210) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 476(STA)                                                                 
     "An Act establishing the Alaska Statehood Celebration                                          
     Commission; and providing for an effective date."                                              
                                                                                                    
and                                                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 476(STA) am S                                                            
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHB 476(STA), thus adopting CSHB 476(STA) am                                          
S, and recommended that the members vote yes.                                                       
                                                                                                    
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 476(STA)?"  The roll was taken with the                                           
following result:                                                                                   
                                                                                                    
CSHB 476(STA) am S                                                                                  
Concur                                                                                              
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kookesh,                                    
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                    
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Absent:  Kohring                                                                                    
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
CSHB 476(STA) am S.                                                                                 
                                                                                                    

2004-05-11                     House Journal                      Page 4233
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.                                
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
CSHB 476(STA) am S was referred to the Chief Clerk for enrollment.                                  
                                                                                                    
                                                                                                    
                              RECONSIDERATION                                                    
SB 357                                                                                            
Representative Croft brought up reconsideration of the vote on the                                  
following (page 4161):                                                                              
                                                                                                    
             HOUSE CS FOR CS FOR SENATE BILL NO. 357(FIN) am H                                     
     "An Act relating to the regulation of insurance, insurance licenses,                           
     qualifications of insurance producers, surplus lines, fraud                                    
     investigations, electronic transactions, and compliance with                                   
     federal law and national standards; and providing for an effective                             
     date."                                                                                         
                                                                                                    
HCS CSSB 357(FIN) am H was again before the House in third                                          
reading.                                                                                            
                                                                                                    
Representative Croft moved and asked unanimous consent that HCS                                     
CSSB 357(FIN) am H 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 Representative Croft:                                                
                                                                                                    
Page 30, line 30, following "AS 21.34.080(c);":                                                     
 Insert "AS 21.39.155(c);"                                                                          
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 2 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
The question to be reconsidered:  "Shall HCS CSSB 357(FIN) am H                                     
pass the House?"  The roll was taken with the following result:                                     

2004-05-11                     House Journal                      Page 4234
                                                                                                    
HCS CSSB 357(FIN) am H--RECONSIDERATION                                                             
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  40   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring,                                    
Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg,                                     
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    
And so, HCS CSSB 357(FIN) am H passed the House on                                                  
reconsideration.                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on                                 
adoption of the House Finance Committee letter of intent (page 4049).                               
There being no objection, it was so ordered.                                                        
                                                                                                    
HCS CSSB 357(FIN) am H was engrossed, signed by the Speaker and                                     
Chief Clerk and transmitted to the Senate for consideration.  The                                   
House later receded from its amendments.                                                            
                                                                                                    
                        CONCUR IN SENATE AMENDMENTS                                              
                                                                                                    
HB 494                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4210) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 494(FIN) am                                                              
     "An Act relating to the methods of disbursement of money by the                                
     state, including employment compensation, unemployment                                         
     payments, and permanent fund dividends, and to bank investments                                
      and deposits by the state; and providing for an effective date."                             

2004-05-11                     House Journal                      Page 4235
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 494(FIN)                                                   
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHB 494(FIN) am, thus adopting SCS CSHB                                               
494(FIN), and recommended that the members vote yes.                                                
                                                                                                    
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 494(FIN) am?"  The roll was taken with the                                        
following result:                                                                                   
                                                                                                    
SCS CSHB 494(FIN)                                                                                   
Concur                                                                                              
                                                                                                    
YEAS:  40   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring,                                    
Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg,                                     
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 494(FIN).                                                                                  
                                                                                                    
                                                                                                    
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.                                
                                                                                                    
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
                                                                                                    
SCS CSHB 494(FIN) was referred to the Chief Clerk for enrollment.                                   

2004-05-11                     House Journal                      Page 4236
HB 123                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4029) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 123(FIN)                                                                 
     "An Act relating to the allocation of money appropriated to the                                
     Alaska Workforce Investment Board; and providing for an                                        
     effective date."                                                                               
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 123(FIN)                                                   
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHB 123(FIN), thus adopting SCS CSHB 123(FIN),                                        
and recommended that the members vote yes.                                                          
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 123(FIN)?"  The roll was taken with the                                           
following result:                                                                                   
                                                                                                    
SCS CSHB 123(FIN)                                                                                   
Concur                                                                                              
                                                                                                    
YEAS:  29   NAYS:  2   EXCUSED:  0   ABSENT:  9                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Coghill, Crawford, Croft, Dahlstrom,                                    
Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Hawker, Heinze,                                   
Joule, Kapsner, Kerttula, Kohring, Lynn, Masek, McGuire, Meyer,                                     
Moses, Ogg, Samuels, Seaton, Stoltze, Weyhrauch, Wilson                                             
                                                                                                    
Nays:  Rokeberg, Wolf                                                                               
                                                                                                    
Absent:  Anderson, Cissna, Harris, Holm, Kookesh, Kott, Morgan,                                     
Stepovich, Williams                                                                                 
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 123(FIN).                                                                                  
                                                                                                    

2004-05-11                     House Journal                      Page 4237
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.                                
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
SCS CSHB 123(FIN) was referred to the Chief Clerk for enrollment.                                   
                                                                                                    
                                                                                                    
HB 336                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4004) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 336(JUD) am                                                              
     "An Act relating to motor vehicle insurance; limiting recovery of                              
     civil damages by an uninsured driver; and providing for an                                     
     effective date."                                                                               
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 336(JUD)(efd fld                                           
     S)                                                                                             
     "An Act relating to motor vehicle insurance; and limiting recovery                             
     of civil damages by an uninsured driver."                                                      
                                                                                                    
     (technical title change)                                                                       
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Meyer placed a call of the House.                                                    
                                                                                                    
The Speaker stated the call was satisfied.                                                          
                                                                                                    
Representative Rokeberg moved the previous question.                                                
                                                                                                    
Representative Croft objected.                                                                      
                                                                                                    
The question being:  "Shall the question be called?"  The roll was                                  
taken with the following result:                                                                    

2004-05-11                     House Journal                      Page 4238
                                                                                                    
SCS CSHB 336(JUD)(efd fld S)                                                                        
Concur                                                                                              
Call for the Question                                                                               
                                                                                                    
YEAS:  29   NAYS:  11   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek,                                           
McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton,                                      
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Joule, Kapsner, Kerttula, Kookesh                                                       
                                                                                                    
And so, the motion passed.                                                                          
                                                                                                    
The Speaker stated the question being:  "Shall the House concur in the                              
Senate amendment to CSHB 336(JUD) am?"  The roll was taken with                                     
the following result:                                                                               
                                                                                                    
SCS CSHB 336(JUD)(efd fld S)                                                                        
Concur                                                                                              
                                                                                                    
YEAS:  21   NAYS:  19   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Dahlstrom, Fate, Foster, Gatto, Harris,                                  
Hawker, Heinze, Kohring, Kott, Lynn, McGuire, Meyer, Morgan,                                        
Moses, Rokeberg, Samuels, Stoltze, Williams, Wilson                                                 
                                                                                                    
Nays:  Berkowitz, Cissna, Coghill, Crawford, Croft, Gara, Gruenberg,                                
Guttenberg, Holm, Joule, Kapsner, Kerttula, Kookesh, Masek, Ogg,                                    
Seaton, Stepovich, Weyhrauch, Wolf                                                                  
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 336(JUD)(efd fld S).                                                                       
                                                                                                    
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
                                                                                                    
SCS CSHB 336(JUD)(efd fld S) was referred to the Chief Clerk for                                    
enrollment.                                                                                         
                                                                                                    

2004-05-11                     House Journal                      Page 4239
HB 459                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4209) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 459(STA)                                                                 
     "An Act relating to optically scanned and electronically generated                             
     ballots; and providing for an effective date."                                                 
                                                                                                    
and                                                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 459(STA) am S                                                            
     "An Act relating to optically scanned and electronically generated                             
     ballots and to early voting; and providing for an effective date."                            
                                                                                                    
 (SCR 28 - title change resolution)                                                                 
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHB 459(STA), thus adopting CSHB 459(STA) am                                          
S, and recommended that the members vote yes.                                                       
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 459(STA)?"  The roll was taken with the                                           
following result:                                                                                   
                                                                                                    
CSHB 459(STA) am S                                                                                  
Concur                                                                                              
                                                                                                    
YEAS:  35   NAYS:  0   EXCUSED:  0   ABSENT:  5                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                    
Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                    
Lynn, Masek, McGuire, Meyer, Ogg, Rokeberg, Samuels, Seaton,                                        
Stoltze, Weyhrauch, Williams, Wilson, Wolf                                                          
                                                                                                    
Absent:  Dahlstrom, Joule, Morgan, Moses, Stepovich                                                 
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
CSHB 459(STA) am S.                                                                                 

2004-05-11                     House Journal                      Page 4240
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.                                
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
CSHB 459(STA) am S was referred to the Chief Clerk for enrollment.                                  
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
the House move down the calendar to Second Reading of Senate                                        
Resolutions.  There being no objection, the House advanced to:                                      
                                                                                                    
                                                                                                    
                    CONSIDERATION OF THE DAILY CALENDAR                                          
                                (continued)                                                        
                                                                                                    
                                                                                                    
                    SECOND READING OF SENATE RESOLUTIONS                                         
                                                                                                    
SCR 28                                                                                            
The House moved down the calendar to consider the following:                                        
                                                                                                    
     SENATE CONCURRENT RESOLUTION NO. 28                                                            
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                 
     the Alaska State Legislature, concerning House Bill No. 459,                                   
     relating to optically scanned and electronically generated ballots.                            
                                                                                                    
The question being:  "Shall SCR 28 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
SCR 28                                                                                              
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kookesh,                                  
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                           
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    

2004-05-11                     House Journal                      Page 4241
Absent:  Joule, Moses                                                                               
                                                                                                    
And so, SCR 28 passed the House, was signed by the Speaker and                                      
Chief Clerk and returned to the Senate.                                                             
                                                                                                    
                        CONCUR IN SENATE AMENDMENTS                                              
                                                                                                    
HB 524                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 3783) on the following at                                   
this time:                                                                                          
                                                                                                    
     HOUSE BILL NO. 524 am                                                                          
     "An Act relating to the protection of land and water from waste                                
     disposal; providing for the regulation of waste management;                                    
     making conforming amendments; and providing for an effective                                   
     date."                                                                                         
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR HOUSE BILL NO. 524(RES)                                                          
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to HB 524 am, thus adopting SCS HB 524(RES), and                                          
recommended that the members vote yes.                                                              
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to HB 524 am?"  The roll was taken with the following                                     
result:                                                                                             
                                                                                                    
SCS HB 524(RES)                                                                                     
Concur                                                                                              
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  0   ABSENT:  3                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kott,                                     
Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels,                                        
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                       
                                                                                                    

2004-05-11                     House Journal                      Page 4242
Absent:  Joule, Kookesh, Moses                                                                      
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS HB 524(RES).                                                                                    
                                                                                                    
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.                                
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
SCS HB 524(RES) was referred to the Chief Clerk for enrollment.                                     
                                                                                                    
HB 272                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4207) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 272(STA) am                                                              
     "An Act relating to the advertising of motor vehicles, including                               
     trailers, for sale by motor vehicle dealers; relating to the financing                         
     of motor vehicle purchases; relating to motor vehicle sales                                    
     contracts; relating to the disclosures required to be made by motor                            
     vehicle dealers when selling motor vehicles, including trailers, or                            
     when their service employees work on commission; relating to a                                 
     motor vehicle dealer's selling as a new or current model vehicle, a                            
     motor vehicle required to be registered under AS 28.10; relating to                            
     a motor vehicle dealer's advertising an offer for the sale, lease, or                          
     purchase of a motor vehicle, including a trailer; relating  to a                               
     motor vehicle dealer's conditioning the sale and delivery of a                                 
     motor vehicle, including a trailer, on the buyer's purchase of other                           
     items; and relating to the return of a buyer's trade-in by a motor                             
     vehicle dealer."                                                                               
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 272(L&C) am S                                              
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        

2004-05-11                     House Journal                      Page 4243
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHB 272(STA) am, thus adopting SCS CSHB                                               
272(L&C) am S, and recommended that the members vote yes.                                           
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 272(STA) am?"  The roll was taken with the                                        
following result:                                                                                   
                                                                                                    
SCS CSHB 272(L&C) am S                                                                              
Concur                                                                                              
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kookesh,                                  
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                    
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Absent:  Joule                                                                                      
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 272(L&C) am S.                                                                             
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
SCS CSHB 272(L&C) am S was referred to the Chief Clerk for                                          
enrollment.                                                                                         
                                                                                                    
HB 273                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4207) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                   
     273(JUD) am                                                                                    
     "An Act relating to the right of a parent to waive an                                          
     unemancipated child's claim of negligence against a provider of                                
     sports or recreational activities."                                                            
                                                                                                    
and                                                                                                 

2004-05-11                     House Journal                      Page 4244
     SENATE CS FOR CS FOR SS FOR HOUSE BILL NO.                                                     
     273(JUD)                                                                                       
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSSSHB 273(JUD) am, thus adopting SCS CSSSHB                                           
273(JUD), and recommended that the members vote yes.                                                
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSSSHB 273(JUD) am?"  The roll was taken with the                                      
following result:                                                                                   
                                                                                                    
SCS CSSSHB 273(JUD)                                                                                 
Concur                                                                                              
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Cissna, Coghill, Crawford, Croft,                                        
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                   
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                    
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Absent:  Berkowitz                                                                                  
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSSSHB 273(JUD).                                                                                
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
SCS CSSSHB 273(JUD) was referred to the Chief Clerk for                                             
enrollment.                                                                                         
                                                                                                    
                                                                                                    
HB 418                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4208) on the following at                                   
this time:                                                                                          
                                                                                                    

2004-05-11                     House Journal                      Page 4245
     CS FOR HOUSE BILL NO. 418(FIN)                                                                 
     "An Act extending the termination date of the Real Estate                                      
     Commission; relating to real estate; relating to home inspectors;                              
     relating to real estate licensees; and providing for an effective                              
     date."                                                                                         
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 418(FIN)                                                   
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Lynn declared a conflict of interest.                                                
                                                                                                    
The Speaker stated the question being:  "Shall the House concur in the                              
Senate amendment to CSHB 418(FIN)?"  The roll was taken with the                                    
following result:                                                                                   
                                                                                                    
SCS CSHB 418(FIN)                                                                                   
Concur                                                                                              
                                                                                                    
YEAS:  28   NAYS:  11   EXCUSED:  0   ABSENT:  1                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Heinze, Holm, Joule, Kohring, Kott, Lynn, Masek,                                    
McGuire, Meyer, Ogg, Rokeberg, Samuels, Seaton, Stepovich,                                          
Stoltze, Weyhrauch, Williams, Wilson, Wolf                                                          
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Kapsner, Kerttula, Kookesh, Moses                                                       
                                                                                                    
Absent:  Morgan                                                                                     
                                                                                                    
Kapsner changed from "Yea" to "Nay".                                                                
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 418(FIN).                                                                                  
                                                                                                    
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.                                
                                                                                                    

2004-05-11                     House Journal                      Page 4246
The Chief Clerk notified the Senate.                                                                
                                                                                                    
SCS CSHB 418(FIN) was referred to the Chief Clerk for enrollment.                                   
                                                                                                    
                                                                                                    
HB 419                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4209) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 419(RES)                                                                 
     "An Act relating to regional seafood development associations and                              
     to regional seafood development taxes."                                                        
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 419(FIN)                                                   
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHB 419(RES), thus adopting SCS CSHB 419(FIN),                                        
and recommended that the members vote yes.                                                          
                                                                                                    
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 419(RES)?"  The roll was taken with the                                           
following result:                                                                                   
                                                                                                    
SCS CSHB 419(FIN)                                                                                   
Concur                                                                                              
                                                                                                    
YEAS:  35   NAYS:  4   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Cissna, Coghill, Croft, Dahlstrom, Fate,                                 
Foster, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm,                                 
Joule, Kapsner, Kookesh, Kott, Lynn, Masek, McGuire, Meyer,                                         
Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                  
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Nays:  Berkowitz, Crawford, Kerttula, Kohring                                                       
                                                                                                    

2004-05-11                     House Journal                      Page 4247
Absent:  Gara                                                                                       
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 419(FIN).                                                                                  
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
SCS CSHB 419(FIN) was referred to the Chief Clerk for enrollment.                                   
                                                                                                    
                                                                                                    
HB 438                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4005) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 438(JUD) am                                                              
     "An Act relating to motorists moving over or slowing down for                                  
     emergency vehicles."                                                                           
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 438(STA)                                                   
     (same title) ."                                                                                
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
The Speaker stated the question being:  "Shall the House concur in the                              
Senate amendment to CSHB 438(JUD) am?"  The roll was taken with                                     
the following result:                                                                               
                                                                                                    
SCS CSHB 438(STA)                                                                                   
Concur                                                                                              
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Cissna, Coghill, Crawford, Croft,                                        
Dahlstrom, Fate, Foster, Gatto, Gruenberg, Guttenberg, Harris,                                      
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                   
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                    
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    

2004-05-11                     House Journal                      Page 4248
Absent:  Berkowitz, Gara                                                                            
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 438(STA).                                                                                  
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
SCS CSHB 438(STA) was referred to the Chief Clerk for enrollment.                                   
                                                                                                    
                                                                                                    
HB 531                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4211) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 531(FIN) am                                                              
     "An Act relating to natural gas exploration and development and                                
     to nonconventional gas, and amending the section under which                                   
     shallow natural gas leases may be issued; and providing for an                                 
     effective date."                                                                               
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 531(FIN)                                                   
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHB 531(FIN) am, thus adopting SCS CSHB                                               
531(FIN), and recommended that the members vote yes.                                                
                                                                                                    
Representatives Kerttula and Rokeberg moved and asked unanimous                                     
consent that they be allowed to abstain from voting because of a                                    
conflict of interest.  Objection was heard, and the members were                                    
required to vote.                                                                                   
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 531(FIN) am?"  The roll was taken with the                                        
following result:                                                                                   

2004-05-11                     House Journal                      Page 4249
                                                                                                    
SCS CSHB 531(FIN)                                                                                   
Concur                                                                                              
                                                                                                    
YEAS:  32   NAYS:  5   EXCUSED:  0   ABSENT:  3                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Coghill, Dahlstrom, Fate,                                     
Gara, Gatto, Gruenberg, Harris, Hawker, Heinze, Holm, Joule,                                        
Kapsner, Kohring, Kookesh, Kott, Lynn, Masek, Meyer, Morgan,                                        
Moses, Ogg, Rokeberg, Seaton, Stepovich, Stoltze, Weyhrauch,                                        
Williams, Wilson, Wolf                                                                              
                                                                                                    
Nays:  Cissna, Crawford, Croft, Guttenberg, Kerttula                                                
                                                                                                    
Absent:  Foster, McGuire, Samuels                                                                   
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 531(FIN).                                                                                  
                                                                                                    
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.                                
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
SCS CSHB 531(FIN) was referred to the Chief Clerk for enrollment.                                   
                                                                                                    
HB 15                                                                                             
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4205) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 15(FIN) am                                                               
     "An Act relating to fair trade practices and consumer protection,                              
     to telephone solicitations, to charitable solicitations; and providing                         
     for an effective date."                                                                        
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 15(FIN)                                                    
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        

2004-05-11                     House Journal                      Page 4250
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHB 15(FIN) am, thus adopting SCS CSHB 15(FIN),                                       
and recommended that the members vote yes.                                                          
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 15(FIN) am?"  The roll was taken with the                                         
following result:                                                                                   
                                                                                                    
SCS CSHB 15(FIN)                                                                                    
Concur                                                                                              
                                                                                                    
YEAS:  37   NAYS:  1   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kookesh,                                    
Kott, Lynn, Masek, Meyer, Morgan, Moses, Ogg, Rokeberg, Seaton,                                     
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
Nays:  Kohring                                                                                      
                                                                                                    
Absent:  McGuire, Samuels                                                                           
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 15(FIN).                                                                                   
                                                                                                    
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.                                
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
SCS CSHB 15(FIN) was referred to the Chief Clerk for enrollment.                                    
                                                                                                    
HB 385                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4208) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 385(JUD)                                                                 
     "An Act relating to awarding child custody; and providing for an                               
     effective date."                                                                               
                                                                                                    

2004-05-11                     House Journal                      Page 4251
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 385(JUD)                                                   
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHB 385(JUD), thus adopting SCS CSHB 385(JUD),                                        
and recommended that the members vote yes.                                                          
                                                                                                    
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 385(JUD)?"  The roll was taken with the                                           
following result:                                                                                   
                                                                                                    
SCS CSHB 385(JUD)                                                                                   
Concur                                                                                              
                                                                                                    
YEAS:  36   NAYS:  1   EXCUSED:  0   ABSENT:  3                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Fate,                                 
Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze,                                 
Holm, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn, Masek,                                         
McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Seaton, Stepovich,                                    
Stoltze, Weyhrauch, Williams, Wilson, Wolf                                                          
                                                                                                    
Nays:  Kohring                                                                                      
                                                                                                    
Absent:  Chenault, Dahlstrom, Samuels                                                               
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 385(JUD).                                                                                  
                                                                                                    
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.                                
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
SCS CSHB 385(JUD) was referred to the Chief Clerk for enrollment.                                   
                                                                                                    

2004-05-11                     House Journal                      Page 4252
HB 260                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4004) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 260(JUD)                                                                 
     "An Act relating to immunity for free health care services                                     
     provided by certain health care providers; and providing for an                                
     effective date."                                                                               
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 260(JUD)                                                   
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Lynn declared a conflict of interest.                                                
                                                                                                    
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHB 260(JUD), thus adopting SCS CSHB 260(JUD),                                        
and recommended that the members vote yes.                                                          
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 260(JUD)?"  The roll was taken with the                                           
following result:                                                                                   
                                                                                                    
SCS CSHB 260(JUD)                                                                                   
Concur                                                                                              
                                                                                                    
YEAS:  35   NAYS:  2   EXCUSED:  0   ABSENT:  3                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Heinze, Holm, Joule, Kapsner, Kerttula, Kott, Masek, McGuire,                                       
Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich,                                    
Stoltze, Weyhrauch, Williams, Wilson, Wolf                                                          
                                                                                                    
Nays:  Kohring, Lynn                                                                                
                                                                                                    
Absent:  Chenault, Hawker, Kookesh                                                                  
                                                                                                    

2004-05-11                     House Journal                      Page 4253
Anderson changed from "Nay" to "Yea".                                                               
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 260(JUD).                                                                                  
                                                                                                    
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.                                
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
SCS CSHB 260(JUD) was referred to the Chief Clerk for enrollment.                                   
                                                                                                    
The Speaker stated that, without objection, the House would recess;                                 
and so, the House recessed at 4:47 p.m.                                                             
                                                                                                    
                                AFTER RECESS                                                     
                                                                                                    
The Speaker called the House back to order at 8:27 p.m.                                             
                                                                                                    
Without objection, the House reverted to:                                                           
                                                                                                    
                          MESSAGES FROM THE SENATE                                               
                                                                                                    
HB 29                                                                                             
A message dated May 11, 2004, was read stating the Senate has passed                                
CSSSHB 29(JUD) am with the following amendment and it is                                            
transmitted for consideration:                                                                      
                                                                                                    
     SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 29(JUD)                                             
     "An Act relating to real estate licensees and real estate                                      
     transactions; and providing for an effective date."                                            
                                                                                                    
CSSSHB 29(JUD) am is under Unfinished Business.                                                     
                                                                                                    
HB 309                                                                                            
A message dated May 11, 2004, was read stating the Senate has                                       
passed:                                                                                             
                                                                                                    
     CS FOR HOUSE BILL NO. 309(JUD) am                                                              
     "An Act relating to nonindigenous fish."                                                       

2004-05-11                     House Journal                      Page 4254
with the following amendment and it is transmitted for consideration:                               
                                                                                                    
              SENATE CS FOR CS FOR HOUSE BILL NO 309(RES) am S                                     
     "An Act relating to nonindigenous fish and consecutive                                         
     sentencing; and providing for an effective date."                                              
                                                                                                    
     (SCR 33 - title change resolution)                                                             
                                                                                                    
The message further stated that under Rule 43(b) of the Uniform Rules                               
engrossment had been waived and the following certified amendment                                   
was attached:                                                                                       
                                                                                                    
Page 1, line 1, following "nonindigenous fish" (title amendment):                                 
 Insert "and consecutive sentencing; and providing for an                                         
effective date"                                                                                   
                                                                                                    
Page 1, line 5, following "that":                                                                   
 Insert "section 4 of"                                                                              
                                                                                                    
Page 1, following line 8:                                                                           
 Insert new bill sections to read:                                                                  
   "* Sec. 2.  AS 12.55.025(c) is amended to read:                                                
         (c)  Except as provided in (d) [AND (e)] of this section, when                             
     a defendant is sentenced to imprisonment, the term of confinement                              
     commences on the date of imposition of sentence unless the court                               
     specifically provides that the defendant must report to serve the                              
     sentence on another date.  If the court provides another date to                               
     begin the term of confinement, the court shall provide the                                     
     defendant with written notice of the date, time, and location of the                           
     correctional facility to which the defendant must report.  A                                   
     defendant shall receive credit for time spent in custody pending                               
     trial, sentencing, or appeal, if the detention was in connection with                          
     the offense for which sentence was imposed.  A defendant may                                   
     not receive credit for more than the actual time spent in custody                              
     pending trial, sentencing, or appeal.  The time during which a                                 
     defendant is voluntarily absent from official detention after the                              
     defendant has been sentenced may not be credited toward service                                
     of the sentence.                                                                               
      * Sec. 3.  AS 12.55 is amended by adding a new section to read:                            
         Sec. 12.55.127.  Consecutive and concurrent terms of                                     

2004-05-11                     House Journal                      Page 4255
     imprisonment.  (a)  If a defendant is required to serve a term of                            
     imprisonment under a separate judgment, a term of imprisonment                                 
     imposed in a later judgment, amended judgment, or probation                                    
     revocation shall be consecutive.                                                               
         (b)  Except as provided in (c) of this section, if a defendant is                          
     being sentenced for two or more crimes in a single judgment,                                   
     terms of imprisonment may be concurrent or partially concurrent.                               
         (c)  If the defendant is being sentenced for                                               
              (1)  escape, the term of imprisonment shall be                                        
     consecutive to the term for the underlying crime;                                              
              (2)  two or more crimes under AS 11.41, a consecutive                                 
     term of imprisonment shall be imposed for at least                                             
                   (A)  the mandatory minimum term under                                            
         AS 12.55.125(a) for each additional crime that is murder in                                
         the first degree;                                                                          
                   (B)  the mandatory minimum term for each additional                              
         crime that is an unclassified felony governed by                                           
         AS 12.55.125(b);                                                                           
                   (C)  the     presumptive       term      specified      in                       
         AS 12.55.125(c) or the active term of imprisonment,                                        
         whichever is less, for each additional crime that is                                       
                (i)  manslaughter; or                                                               
                (ii)  kidnapping that is a class A felony;                                          
                   (D)  two years or the active term of imprisonment,                               
         whichever is less, for each additional crime that is criminally                            
         negligent homicide;                                                                        
                   (E)  one-fourth of the presumptive term under                                    
         AS 12.55.125(c) or (i) for each additional crime that is sexual                            
         assault in the first degree under AS 11.41.410 or sexual abuse                             
         of a minor in the first degree under AS 11.41.434, or an                                   
         attempt, solicitation or conspiracy to commit those offenses;                              
         and                                                                                        
                   (F)  some additional term of imprisonment for each                               
         additional crime, or each additional attempt or solicitation to                            
         commit the offense, under AS 11.41.200 - 11.41.250,                                        
         11.41.420 - 11.41.432, 11.41.436 - 11.41.458, or 11.41.500 -                               
         11.41.520.                                                                                 
         (d)  In this section,                                                                      
              (1)  "active term of imprisonment" means the total term of                            
     imprisonment imposed for a crime, minus suspended                                              

2004-05-11                     House Journal                      Page 4256
     imprisonment;                                                                                  
              (2)  "additional crime" means a crime that is not the                                 
     primary crime;                                                                                 
              (3)  "primary crime" means the crime                                                  
                   (A)  for which the sentencing court imposes the                                  
         longest active term of imprisonment; or                                                    
                   (B)  that is designated by the sentencing court as the                           
         primary crime when no single crime has the longest active                                  
         term of imprisonment."                                                                     
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 2, following line 23:                                                                          
Insert new bill sections to read:                                                                   
     "* Sec. 5.  AS 33.16.090(b) is amended to read:                                              
         (b)  Except as provided in (e) of this section, a prisoner is not                          
     eligible for discretionary parole during the term of a presumptive                             
     sentence; however, a prisoner is eligible for discretionary parole                             
     during a term of sentence enhancement imposed under                                            
     AS 12.55.155(a) or during the term of a consecutive or partially                               
     consecutive presumptive sentence imposed under AS 12.55.127                                
     [AS 12.55.025(e) OR (g)]. A prisoner sentenced to a mandatory                                  
     99-year term under AS 12.55.125(a) or a definite term under                                    
     AS 12.55.125(l) is not eligible for discretionary parole during the                            
     entire term.                                                                                   
     * Sec. 6.  AS 33.16.090(c) is amended to read:                                               
         (c)  Except as provided in (e) of this section, a prisoner                                 
     eligible for discretionary parole during a period of sentence                                  
     enhancement imposed under AS 12.55.155(a) or during a                                          
     consecutive or partially consecutive presumptive sentence                                      
     imposed under AS 12.55.127 [AS 12.55.025(e) OR (g)] shall                                  
     serve the unenhanced portion of the sentence or the initial                                    
     presumptive sentence before being otherwise eligible for                                       
     discretionary parole under AS 33.16.100(c) or (d). For purposes of                             
     this subsection, the sentence for the most serious offense in the                              
     case of consecutive or partially consecutive presumptive sentences                             
     shall be considered the initial presumptive sentence. The                                      
     unenhanced sentence or the initial presumptive sentence is                                     
     considered served for purposes of discretionary parole on the date                             
     the unenhanced or initial presumptive sentence is due to expire                                
     less good time earned under AS 33.20.010.                                                      

2004-05-11                     House Journal                      Page 4257
     * Sec. 7.  AS 12.55.025(e), 12.55.025(g), and 12.55.025(h) are                               
  repealed.                                                                                         
                                                                                                    
     * Sec. 8.  APPLICABILITY.  Sections 2, 3, and 5 - 7 of this Act                              
  apply to offenses occurring on or after the effective date of those                               
  sections of this Act.                                                                             
                                                                                                    
    * Sec. 9.  Sections 2, 3, 5-9 of this Act take effect July 1, 2004."                         
                                                                                                    
CSHB 309(JUD) am is under Unfinished Business.                                                      
                                                                                                    
HB 452                                                                                            
A message dated May 11, 2004, was read stating the Senate has                                       
passed:                                                                                             
                                                                                                    
     CS FOR HOUSE BILL NO. 452(FIN) am                                                              
     "An Act relating to licensing and regulation of sport fishing                                  
     operators and sport fishing guides; authorizing the Department of                              
     Fish and Game and the Alaska Commercial Fisheries Entry                                        
     Commission to release records and reports to the Department of                                 
     Natural Resources and the Department of Public Safety; and                                     
     providing for an effective date."                                                              
                                                                                                    
with the following amendment and it is transmitted for consideration:                               
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 452(RES)                                                   
     "An Act relating to licensing and regulation of sport fishing                                  
     operators and sport fishing guides; relating to licensing and                                  
     registration of sport fishing vessels; authorizing the Department of                           
     Fish and Game and the Alaska Commercial Fisheries Entry                                        
     Commission to release records and reports to the Department of                                 
     Natural Resources and the Department of Public Safety; and                                     
     providing for an effective date."                                                              
                                                                                                    
 (SCR 27 - title change resolution)                                                                 
                                                                                                    
CSHB 452(FIN) am is under Unfinished Business.                                                      
                                                                                                    
HB 464                                                                                            
A message dated May 11, 2004, was read stating the Senate has                                       
passed:                                                                                             

2004-05-11                     House Journal                      Page 4258
     HOUSE BILL NO. 464                                                                             
     "An Act extending the termination date of the Board of Certified                               
     Real Estate Appraisers."                                                                       
                                                                                                    
with the following amendment and it is transmitted for consideration:                               
                                                                                                    
     SENATE CS FOR HOUSE BILL NO. 464(FIN) am S                                                     
     "An Act extending the termination date of the Board of Certified                               
     Real Estate Appraisers; relating to the Big Game Commercial                                    
     Services Board and to the regulation of big game hunting services                              
     and transportation services; and providing for an effective date."                            
                                                                                                    
 (SCR 31 - title change resolution)                                                                 
                                                                                                    
The message further stated that under Rule 43(b) of the Uniform Rules                               
engrossment had been waived and the following certified amendment                                   
was attached:                                                                                       
                                                                                                    
Page 1, line 2, following "appraisers" (title amendment):                                         
 Insert "; relating to the Big Game Commercial Services Board                                     
and to the regulation of big game hunting services and                                            
transportation services; and providing for an effective date"                                     
                                                                                                    
Page 1, following line 3:                                                                           
 Insert a new bill section to read:                                                                 
"* Section 1.  AS 08.01.010(7) is amended to read:                                                
              (7)  Big Game Commercial Services Board                                           
     (AS 08.54.591) and regulation of big game guides and                                       
     transporters under AS 08.54;"                                                                  
                                                                                                    
Page 1, line 4:                                                                                     
 Delete "Section 1"                                                                               
 Insert "Sec. 2"                                                                                  
                                                                                                    
Page 1, following line 6:                                                                           
 Insert new bill sections to read:                                                                  
"* Sec. 3.  AS 08.03.010(c) is amended by adding a new paragraph                                  
to read:                                                                                            
              (22)  Big Game Commercial Services Board                                              
     (AS 08.54.591) -- June 30, 2007.                                                               

2004-05-11                     House Journal                      Page 4259
   * Sec. 4.  AS 08.54 is amended by adding new sections to article 1 to                          
read:                                                                                               
         Sec. 08.54.591.  Creation and membership of board.  (a)                                  
     For the purposes of licensing and regulating the activities of                                 
     providers of commercial services to big game hunters in the                                    
     interest of the state's wildlife resources, there is created the Big                           
     Game Commercial Services Board.  For administrative purposes,                                  
     the board is in the Department of Community and Economic                                       
     Development.                                                                                   
            (b)  The board consists of seven members as follows:                                   
              (1)  two members who are current, licensed registered                                 
     guide-outfitters;                                                                              
              (2)  two members who are licensed transporters;                                       
              (3)  one member of the Board of Game who is chosen by                                 
     the Board of Game and who does not hold a guide or transport                                   
     license;                                                                                       
              (4)  one member who represents private landholders                                    
     affected by guided hunting activities or transportation services and                           
     who does not hold a license issued under this chapter; and                                     
              (5)  one public member.                                                               
         Sec. 08.54.595.  Board assistance.  The Department of Fish                               
     and Game, Department of Natural Resources, Department of Law,                                  
     and Department of Public Safety shall provide the board with                                   
     information, data, or technical assistance requested by the board                              
     for the purposes of licensing and regulating the activities of                                 
     providers of commercial services to big game hunters.                                          
   * Sec. 5.  AS 08.54.600 is amended to read:                                                    
         Sec. 08.54.600.  Duties of board [DEPARTMENT].  (a)                                    
     The board [DEPARTMENT OF COMMUNITY AND                                                     
     ECONOMIC DEVELOPMENT] shall                                                                    
              (1)  prepare and [,] grade [, AND ADMINISTER]                                     
                   (A)  a qualification examination for a registered                                
         guide-outfitter [GUIDE] license that requires demonstration                            
         that the applicant is qualified generally to provide guided and                            
         outfitted hunts and, in particular, possesses knowledge of                                 
          fishing, hunting, and guiding laws and regulations; and                                  
                   (B)  a certification examination for each game                                   
         management unit in which the registered guide-outfitter                                
         [GUIDE] intends to provide big game hunting services; the                                  
         examination must require demonstration that the registered                                 

2004-05-11                     House Journal                      Page 4260
         guide-outfitter [GUIDE] is qualified to provide guided and                             
         outfitted hunts in the game management unit for which the                                  
         registered guide-outfitter [GUIDE] seeks to be certified and,                          
         in particular, must require demonstration that the registered                              
         guide-outfitter [GUIDE] possesses knowledge of the terrain,                            
         transportation problems, game, and other characteristics of the                            
         game management unit;                                                                      
              (2)  authorize the issuance of [ISSUE] registered guide-                      
     outfitter [GUIDE], master guide-outfitter [GUIDE], class-A                             
     assistant guide, assistant guide, and transporter licenses;                                    
              (3)  [COMPILE, MAINTAIN, AND PUBLISH AN                                               
     ANNUAL ROSTER OF REGISTERED GUIDES AND                                                         
     MASTER GUIDES LICENSED UNDER THIS CHAPTER; A                                                   
     PERSON LISTED IN THE ROSTER WHOSE LICENSE IS                                                   
     REVOKED OR SUSPENDED SHALL BE REMOVED FROM                                                     
     THE ROSTER WHILE THE PERSON'S LICENSE IS                                                       
     REVOKED OR SUSPENDED;                                                                          
              (4)]  impose appropriate disciplinary sanctions on a                                  
     licensee under AS 08.54.600 - 08.54.790;                                                       
              (4) [(5)]  require an applicant for issuance or renewal of                        
     any class of guide license or of a transporter license to state in a                           
     written and signed document whether the applicant's right to                                   
     obtain, or exercise the privileges granted by, a hunting, guiding,                             
     outfitting, or transportation services license is revoked or                                   
     suspended in this state or another state or in Canada;                                         
              (5) [(6)]  regularly disseminate information regarding                            
     examinations and other qualifications for all classes of guide                                 
     licenses to residents of the rural areas of the state;                                         
              (6)  [(7)]  adopt procedural and substantive regulations                          
     required by this chapter;                                                                      
              (7)  provide for administration of [(8)  ADMINISTER]                              
     examinations for registered guide-outfitters [GUIDES] at least                             
     twice a year [; AN EXAMINATION MAY NOT BE GIVEN                                                
     WITHIN 90 DAYS AFTER THE PREVIOUS EXAMINATION;                                                 
     AT LEAST ONCE EVERY OTHER YEAR THE                                                             
     DEPARTMENT SHALL GIVE THE EXAMINATION AT A                                                     
     LOCATION OTHER THAN ANCHORAGE].                                                                
         (b)  The board [DEPARTMENT] shall provide for                                          
     administration of an oral examination for a registered guide-                              
     outfitter [GUIDE] license or for a game management unit                                    

2004-05-11                     House Journal                      Page 4261
     certification if requested at the time of application for the                              
     license [AN APPLICANT EXPERIENCES A SPECIFIC                                               
     LANGUAGE DISABILITY].                                                                          
   * Sec. 6.  AS 08.54.600 is amended by adding a new subsection to                               
read:                                                                                               
         (c)  The board may adopt regulations as the board considers                                
     appropriate to                                                                                 
              (1)  establish a code of ethics for professions regulated by                          
     the board;                                                                                     
              (2)  establish requirements for the contents of written                               
     contracts to provide big game hunting services and transportation                              
     services to clients;                                                                           
              (3)  authorize the department to request a copy of a big                              
     game hunting services or transportation services contract entered                              
     into by a person licensed under this chapter.                                                  
   * Sec. 7.  AS 08.54.605(a) is amended to read:                                                 
         (a)  Notwithstanding AS 08.54.610, 08.54.620, 08.54.630,                                   
     08.54.650, and 08.54.660, a person may not receive or renew a                                  
     registered guide-outfitter [GUIDE] license, master guide-                              
     outfitter [GUIDE] license, class-A assistant guide license,                                
     assistant guide license, or transporter license if                                             
              (1)  the person has been convicted of                                                 
                   (A)  a violation of a state or federal hunting, guiding,                     
         or transportation services statute or regulation [WITHIN THE                               
         LAST FIVE YEARS] for which the person was                                                  
                (i)  [FINED MORE THAN $1,000 OR]                                                    
              imprisoned for more than five days within the previous                            
              five years;                                                                       
                (ii)  fined more than $1,000 in the previous 12                                 
              months;                                                                           
                (iii)  fined more than $3,000 in the previous 36                                
              months; or                                                                        
                (iv)  fined more than $5,000 in the previous 60                                 
              months;                                                                           
                   (B)  a felony within the last five years; or                                     
                   (C)  a felony offense against the person under                                   
         AS 11.41 within the last 10 years; or                                                      
              (2)  the person's right to obtain, or exercise the privileges                         
     granted by, a hunting, guiding, outfitting, or transportation                                  
     services license is suspended or revoked in this state or another                              

2004-05-11                     House Journal                      Page 4262
     state or in Canada.                                                                            
   * Sec. 8.  AS 08.54.605(c) is amended to read:                                                 
         (c)  A person may not receive a certification for a game                                   
     management unit if the person is prohibited by (a) of this section                             
     from receiving or renewing a registered guide-outfitter [GUIDE]                            
     license or master guide-outfitter [GUIDE] license.                                         
   * Sec. 9.  AS 08.54.610 is amended to read:                                                    
         Sec. 08.54.610.  Registered guide-outfitter [GUIDE]                                    
     license.  (a)  A natural person is entitled to a registered guide-                       
     outfitter [GUIDE] license if the person                                                    
              (1)  is 21 years of age or older;                                                     
              (2)  has practical field experience in the handling of                                
     firearms, hunting, judging trophies, field preparation of meat and                             
     trophies, first aid, photography, and related guiding and outfitting                           
     activities;                                                                                    
              (3)  either                                                                           
                   (A)  has passed the qualification examination                                    
         prepared [AND ADMINISTERED] by the board                                               
         [DEPARTMENT] under AS 08.54.600; or                                                        
                   (B)  provides evidence of 25 years of experience as a                            
         class-A assistant guide or class-A assistant guide-outfitter;                              
              (4)  has passed a certification examination prepared                                  
     [AND ADMINISTERED] by the board [DEPARTMENT] under                                         
     AS 08.54.600 for at least one game management unit;                                            
              (5)  has legally hunted big game in the state for part of                         
     each of any five years in a manner directly contributing to the                                
     person's experience and competency as a guide;                                                 
              (6)  has been licensed as and performed the services of a                             
     class-A assistant guide or assistant guide, or of a class-A assistant                          
     guide-outfitter or assistant guide-outfitter under former                                      
     AS 08.54.300 - 08.54.590, in the state for a part of each of three                             
     years;                                                                                         
              (7)  is capable of performing the essential duties                                    
     associated with guiding and outfitting;                                                        
              (8)  has been favorably recommended in writing by eight                               
     big game hunters whose recommendations have been solicited by                                  
     the department from a list provided by the applicant, including at                             
     least two favorable recommendations for each year of any three                                 
     years during which the person was a class-A assistant guide or                                 
     assistant guide, or a class-A assistant guide-outfitter or assistant                           

2004-05-11                     House Journal                      Page 4263
     guide-outfitter under former AS 08.54.300 - 08.54.590;                                         
              (9)  has provided proof of financial responsibility if                                
     required by the department under AS 08.54.680; and                                             
              (10)  has applied for a registered guide-outfitter                                
     [GUIDE] license on a form provided by the department and paid                                  
     the license application fee and the registered guide-outfitter                             
     [GUIDE] license fee.                                                                           
         (b)  A master guide-outfitter [GUIDE] license authorizes a                             
     registered guide-outfitter [GUIDE] to use the title master guide-                      
     outfitter [GUIDE], but is for all other purposes under this chapter                        
     a registered guide-outfitter [GUIDE] license.  A natural person is                         
     entitled to receive a renewable master guide-outfitter [GUIDE]                             
     license if the person                                                                          
              (1)  is, at the time of application for a master guide-                           
     outfitter [GUIDE] license, licensed as a registered guide-                             
     outfitter [GUIDE] under this section;                                                      
              (2)  has been licensed in this state as a registered guide or                         
     a guide-outfitter, under former AS 08.54.010 - 08.54.240, former                               
     AS 08.54.300 - 08.54.590, or this chapter, for at least 12 of the                              
     last 15 years, including the year immediately preceding the year in                            
     which the person applies for a master guide-outfitter [GUIDE]                              
     license;                                                                                       
              (3)  submits a list to the department of at least 25 clients                          
     for whom the person has personally provided guiding or outfitting                              
     services and the person receives a favorable evaluation from 10 of                             
     the clients selected from the list by the department; and                                      
              (4)  applies for a master guide-outfitter [GUIDE] license                         
     on a form provided by the department and pays the application                                  
     fee, if any.                                                                                   
         (c)  A registered guide-outfitter [GUIDE] may contract to                              
     guide or outfit hunts for big game and may provide transportation                              
     services, personally or through an assistant, to big game hunters                              
     who are clients of the registered guide-outfitter [GUIDE].                                 
         (d)  A person who is licensed as a registered guide-outfitter                          
     [GUIDE] may be employed by another registered guide-outfitter                              
     [GUIDE] to perform the functions of a registered guide-outfitter                           
     [GUIDE] or class-A assistant guide in the game management unit                                 
     for which the person is certified under AS 08.54.600 or of an                                  
     assistant guide in any game management unit.                                                   
         (e)  A registered guide-outfitter [GUIDE] who contracts for a                          

2004-05-11                     House Journal                      Page 4264
     guided hunt shall be                                                                           
              (1)  physically present in the field with the client at least                         
     once during the contracted hunt; and                                                           
              (2)  in the field and participating in the contracted hunt,                           
     unless the hunt is being conducted by a class-A assistant guide or                             
     a registered guide-outfitter [GUIDE] employed by the                                       
     contracting registered guide-outfitter [GUIDE].                                            
   * Sec. 10.  AS 08.54.620 is amended to read:                                                   
         Sec. 08.54.620.  Class-A assistant guide license.  (a)  A                                
     natural person is entitled to a class-A assistant guide license if the                         
     person                                                                                         
              (1)  is 21 years of age or older;                                                     
              (2)  applies for a class-A assistant guide license on a form                          
     provided by the department and pays the license application fee                                
     and the license fee; [AND]                                                                     
              (3)  possesses a current first aid card issued by the Red                             
     Cross or a similar organization; and                                                           
              (4)  either                                                                       
                   (A)  has                                                                         
                (i)  been employed during at least three calendar                                   
              years as any class of licensed guide in the game                                      
              management unit for which the license is sought; and                                  
                (ii)  at least 10 years' hunting experience in the                                  
              state; military service outside of the state for not more                             
              than three years shall be accepted as part of the required                            
              10 years' hunting experience; [OR]                                                    
                   (B)  provides                                                                    
                (i)  evidence that the person physically resides in                                 
              the game management unit in which the person is to be                                 
              employed;                                                                             
                (ii)  evidence that the person has had at least 15                                  
              years' hunting experience in the game management unit in                              
              which the person is to be employed; military service                                  
              outside of the state for not more than three years shall be                           
              accepted as part of the required 15 years' hunting                                    
              experience; and                                                                       
                (iii)  a written recommendation from a registered                                   
              guide-outfitter [GUIDE, STATE TROOPER, STATE                                      
              FISH AND WILDLIFE LAW ENFORCEMENT                                                     
              OFFICER, OR STATE FISH OR GAME BIOLOGIST                                              

2004-05-11                     House Journal                      Page 4265
              WHO IS FAMILIAR WITH THE PERSON OR] who                                               
              intends to employ the person as a class-A assistant guide;                        
              or                                                                                
                   (C)  provides evidence that the person                                       
                       (i)  physically resides in the game management                           
                unit in which the person is to be employed;                                    
                       (ii)  has at least 10 years' hunting experience                          
              in the state; military service outside of the state for not                       
              more than three years shall be accepted as part of the                            
                 required 10 years' hunting experience; and                                    
                       (iii)  has passed a class-A assistant guide                              
              training course  approved by the board.                                           
         (b)  A class-A assistant guide                                                             
              (1)  may not contract to guide or outfit a big game hunt;                             
              (2)  shall be employed by and under the supervision of a                              
     registered guide-outfitter [GUIDE] who has contracted with the                             
     client for whom the class-A assistant guide is conducting the hunt;                            
              (3)  may take charge of a camp and provide                                        
     [CONDUCT] guide services [ACTIVITIES] from the camp                                        
     without the contracting registered guide-outfitter [GUIDE] being                           
     in the field and participating in the contracted hunt if the                                   
     contracting registered guide-outfitter [GUIDE] is supervising the                          
     guiding activities;                                                                            
              (4)  may not perform functions of a class-A assistant                                 
     guide outside of the game management unit for which the license                                
     is issued; and                                                                                 
              (5)  may be employed by a registered guide-outfitter                              
     [GUIDE] to perform the functions of an assistant guide in any                                  
     game management unit.                                                                          
   * Sec. 11.  AS 08.54.630 is amended to read:                                                   
         Sec. 08.54.630.  Assistant guide license.  (a)  A natural                                
     person is entitled to an assistant guide license if the person                                 
              (1)  is 18 years of age or older;                                                     
              (2)  has legally hunted big game in the state during two                          
     calendar years;                                                                                
              (3)  possesses a first aid card issued by the Red Cross or a                          
     similar organization;                                                                          
              (4)  either                                                                       
                   (A)  obtains a written recommendation from a                                 
         registered guide-outfitter [GUIDE, STATE TROOPER,                                      

2004-05-11                     House Journal                      Page 4266
         STATE FISH AND WILDLIFE LAW ENFORCEMENT                                                    
         OFFICER, OR STATE FISH OR GAME BIOLOGIST WHO                                               
         IS FAMILIAR WITH THE PERSON OR] who intends to                                             
         employ the person as an assistant guide; or                                            
                   (B)  provides evidence that the person passed an                             
         assistant guide training course approved by the board; and                             
              (5)  applies for an assistant guide license on a form                                 
     provided by the department and pays the license application fee                                
     and the license fee.                                                                           
         (b)  An assistant guide                                                                    
              (1)  may not contract to guide or outfit a big game hunt;                             
              (2)  shall be employed by a registered guide-outfitter                            
     [GUIDE] and under the supervision of a registered guide-                                   
     outfitter [GUIDE] or class-A assistant guide while the assistant                           
     guide is in the field on guided hunts; and                                                     
              (3)  may not take charge of a camp or provide                                     
     [CONDUCT] guide services [ACTIVITIES] unless the                                           
     contracting registered guide-outfitter [GUIDE] is in the field and                         
     participating in the contracted hunt or a registered guide-outfitter                       
     [GUIDE] or class-A assistant guide employed by the contracting                                 
     guide is physically present and supervising the hunt.                                          
   * Sec. 12.  AS 08.54.640(a) is amended to read:                                                
         (a)  Notwithstanding AS 08.54.610 - 08.54.630 and except as                                
     provided in (b) of this section, a person may not hold, or earn                                
     experience credits to apply for, a registered guide-outfitter                              
     [GUIDE] license under this chapter, while the person is a law                                  
     enforcement officer and for three months after terminating the                                 
     person's status as a law enforcement officer.                                                  
   * Sec. 13.  AS 08.54.640(b) is amended to read:                                                
         (b)  A registered guide-outfitter [GUIDE] license, class-A                             
     assistant guide license, or assistant guide license issued under this                          
     chapter, or under former provisions of AS 08.54.300 - 08.54.590,                               
     after May 16, 1992, is suspended if the person to whom the                                     
     license is issued subsequently becomes a law enforcement officer.                              
     A person whose license is subject to suspension under this                                     
     subsection shall notify the department that the person has become                              
     a law enforcement officer within 30 days after becoming a law                                  
     enforcement officer.  The suspension of a license under this                                   
     subsection remains in effect until three months have elapsed from                              
     the date on which the licensee provides written notification to the                            

2004-05-11                     House Journal                      Page 4267
     department of the fact that the person is no longer a law                                      
     enforcement officer.  A person whose license is suspended under                                
     this subsection is not required to renew the license or pay license                            
     renewal fees for the period of suspension.  Once a suspension of a                             
     license is terminated, the licensee may provide, without further                               
     payment of a guide license fee, the guide services authorized by                               
     the license for the remainder of the licensing period in which the                             
     suspension is terminated.  Notwithstanding other provisions of                                 
     this subsection, if a person whose license is suspended under this                             
     subsection fails to notify the department within one year after the                            
     person is no longer a law enforcement officer, the person's license                            
     lapses and the person is eligible for reissuance of the license only                           
     as provided in AS 08.54.670.  The board [DEPARTMENT] may                                   
     adopt regulations to implement this subsection.                                                
   * Sec. 14.  AS 08.54.650(c) is amended to read:                                                
         (c)  A transporter shall provide an annual activity report on a                            
     form provided by the department. An activity report must contain                               
     all information required by the board [DEPARTMENT] by                                  
     regulation.                                                                                    
   * Sec. 15.  AS 08.54.660 is amended to read:                                                   
         Sec. 08.54.660.  Renewal of guide and transporter licenses.                              
     (a) An applicant for renewal of a registered guide-outfitter                               
     [GUIDE], class-A assistant guide, assistant guide, or transporter                              
     license shall submit                                                                           
              (1)  a request for renewal of the license on a form                                   
     provided by the department; and                                                                
              (2)  the appropriate license fee for the next licensing                               
     period.                                                                                        
         (b)  The department may not renew a registered guide-                                  
     outfitter [GUIDE] license under this section unless all fees have                          
     been paid in full and the registered guide-outfitter has signed                            
     an affidavit that all hunt records due during the term of the                              
     current license have been filed with the department.                                           
         (c)  The department may not renew a transporter license                                    
     unless all fees have been paid in full and the transporter has                             
     signed an affidavit that all activity reports due during the term of                       
     the current license have been filed with the department.                                       
   * Sec. 16.  AS 08.54.670 is amended to read:                                                   
         Sec. 08.54.670.  Failure to renew.  The department may not                               
     issue a license to a person who held a registered guide-outfitter                          

2004-05-11                     House Journal                      Page 4268
     [GUIDE], class-A assistant guide, or assistant guide license and                               
     who has failed to renew the license under this chapter for four                                
     consecutive years unless the person again meets the qualifications                             
     for initial issuance of the license.                                                           
   * Sec. 17.  AS 08.54.680(b) is amended to read:                                                
         (b)  If a registered guide-outfitter [GUIDE], class-A assistant                        
     guide, or an assistant guide personally pilots an aircraft to                                  
     transport clients during the provision of big game hunting                                     
     services, the registered guide-outfitter [GUIDE], class-A                                  
     assistant guide, or assistant guide shall have a commercial pilot's                            
     rating or a minimum of 500 hours of flying time in the state.                                  
   * Sec. 18.  AS 08.54.680 is amended by adding a new subsection to                              
read:                                                                                               
         (c)  On or after January 1, 2005, a registered guide may not                               
     provide big game hunting services and a transporter may not                                    
     provide transportation services unless the registered guide or                                 
     transporter has entered into a written contract with the client for                            
     the provision of those services.                                                               
   * Sec. 19.  AS 08.54.710(a) is amended to read:                                                
         (a)  The board [DEPARTMENT] may impose a disciplinary                                  
     sanction in a timely manner under (c) of this section if the board                         
     [DEPARTMENT] finds after a hearing, that a licensee                                        
              (1)  is convicted of a violation of any [A] state or federal                  
     statute or regulation relating to hunting or to provision of big                               
     game hunting services or transportation services; [OR]                                         
              (2)  has failed to file records or reports required under this                        
     chapter;                                                                                   
              (3)  has negligently misrepresented or omitted a                                  
     material fact on an application for any class of guide license or                          
     a transporter license; or                                                                  
              (4)  has breached a contract to provide big game                                  
     hunting services or transportation services to a client.                                   
   * Sec. 20.  AS 08.54.710(b) is amended to read:                                                
         (b)  The board [DEPARTMENT] may impose a disciplinary                                  
     sanction in a timely manner under (c)(3) - (7) of this section if the                          
     board [DEPARTMENT] finds, after a hearing, that a licensee has                 
     acted unethically [IS INCOMPETENT] as a registered guide-                              
     outfitter [GUIDE], class-A assistant guide, assistant guide, or                            
     transporter.                                                                                   
   * Sec. 21.  AS 08.54.710(c) is amended to read:                                                

2004-05-11                     House Journal                      Page 4269
         (c)  The board [DEPARTMENT] may impose the following                                   
     disciplinary sanctions, singly or in combination:                                              
              (1)  permanently revoke a license;                                                    
               (2)  suspend a license for a specified period;                                      
              (3)  censure or reprimand a licensee;                                                 
              (4)  impose limitations or conditions on the professional                             
     practice of a licensee;                                                                        
              (5)  impose requirements for remedial professional                                    
     education to correct deficiencies in the education, training, and                              
     skill of the licensee;                                                                         
              (6)  impose probation requiring a licensee to report                                  
     regularly to the board [DEPARTMENT] on matters related to the                              
     grounds for probation;                                                                         
              (7)  impose a civil fine not to exceed $5,000 [$1,000].                           
   * Sec. 22.  AS 08.54.710(d) is amended to read:                                                
         (d)  The board [DEPARTMENT] shall permanently revoke a                                 
     transporter license or any class of guide license if the board                             
     [DEPARTMENT] finds after a hearing that the license was                                        
     obtained through fraud, deceit, or [INNOCENT]                                                  
     misrepresentation.                                                                             
   * Sec. 23.  AS 08.54.710(e) is amended to read:                                                
         (e)  The board [DEPARTMENT] shall suspend or                                           
     permanently revoke a transporter license or any class of guide                                 
     license without a hearing if the court orders the board                                    
     [DEPARTMENT] to suspend or permanently revoke the license                                      
     as a penalty for conviction of an unlawful act [UNDER                                          
     AS 08.54.720].  If the board [DEPARTMENT] suspends or                                      
     permanently revokes a license under this subsection, the board                             
     [DEPARTMENT] may not also impose an administrative                                             
     disciplinary sanction of suspension or permanent revocation of the                             
     same license for the same offense for which the court ordered the                              
     suspension or permanent revocation under AS 08.54.720.                                         
   * Sec. 24.  AS 08.54.710(h) is amended to read:                                                
         (h)  If the board [DEPARTMENT] revokes a license under                                 
     this section, the person whose license has been revoked shall                                  
     immediately surrender the license to the department.                                           
   * Sec. 25.  AS 08.54.710(i) is amended to read:                                                
         (i)  The board [DEPARTMENT] may summarily suspend a                                    
     licensee from practice of the profession under this chapter, for a                             
     period of not more than 30 days, before a final hearing is held or                             

2004-05-11                     House Journal                      Page 4270
     during an appeal if the board [DEPARTMENT] finds that the                                  
     licensee poses a clear and immediate danger to the public health                               
     and safety.  A person is entitled to a hearing before the board                            
     [DEPARTMENT] to appeal the summary suspension within seven                                     
     days after the order of suspension is issued.  A person may appeal                             
     an adverse decision of the board [DEPARTMENT] on an appeal                                 
     of summary suspension to a court of competent jurisdiction.                                    
   * Sec. 26.  AS 08.54.720(a) is amended to read:                                                
         (a)  It is unlawful for a                                                                  
              (1)  person who is licensed under this chapter to                                     
     knowingly fail to promptly report, unless a reasonable means of                            
     communication is not reasonably available, to the Department                               
     of Public Safety, [DIVISION OF FISH AND WILDLIFE                                               
     PROTECTION,] and in no event later than 20 days, a violation of                                
     a state or federal wildlife or game, guiding, or transportation                            
     services statute or regulation that the person reasonably believes                             
     was committed by a client or an employee of the person;                                        
              (2)  person who is licensed under this chapter to                                     
     intentionally obstruct or hinder or attempt to obstruct or hinder                              
     lawful hunting engaged in by a person who is not a client of the                               
     person;                                                                                        
              (3)  class-A assistant guide or an assistant guide to                                 
     knowingly guide a big game hunt except while employed and                                  
     supervised by a registered guide-outfitter [GUIDE];                                        
              (4)  person who holds any class of guide license or                               
     transporter license to knowingly enter or remain on private,                           
     state, or federal land without prior authorization during the                              
     course of providing big game hunting services or transportation                            
     services;                                                                                  
              (5   registered guide-outfitter [GUIDE] to knowingly                              
     engage in providing big game hunting services outside of                                       
                   (A)  a game management unit for which the                                        
         registered guide-outfitter [GUIDE] is certified; or                                    
                   (B)  a use area for which the registered guide-                              
         outfitter [GUIDE] is registered under AS 08.54.750 unless                              
         the registration requirement for the area has been suspended                               
         by the Department of Fish and Game;                                                        
              (6)  person to knowingly guide without having a current                               
     registered guide-outfitter [GUIDE], class-A assistant guide, or                            
     assistant guide license and a valid Alaska hunting license in                              

2004-05-11                     House Journal                      Page 4271
     actual possession;                                                                             
              (7)  registered guide-outfitter [GUIDE] to knowingly fail                         
     to comply with AS 08.54.610(e);                                                                
              (8)  person who is licensed under this chapter to                                     
     knowingly                                                                                      
                   (A)  commit or aid in the commission of a violation                              
         of this chapter, a regulation adopted under this chapter, or a                             
         state or federal wildlife or game statute or regulation; or                            
                   (B)  permit the commission of a violation of this                                
         chapter, a regulation adopted under this chapter, or a state or                        
         federal wildlife or game statute or regulation that the person                         
         knows or reasonably believes is being or will be committed                                 
         without                                                                                    
                (i)  attempting to prevent it, short of using force;                                
              and                                                                                   
                (ii)  reporting the violation;                                                      
              (9)  person without a current registered guide-outfitter                          
     [GUIDE] license to knowingly guide, advertise as a registered                                  
     guide-outfitter [GUIDE], or represent to be a registered guide-                        
     outfitter [GUIDE];                                                                         
              (10)  person without a current master guide-outfitter                             
     [GUIDE] license to knowingly advertise as, or represent to be, a                               
     master guide-outfitter [GUIDE];                                                            
              (11)  person without a current registered guide-outfitter                         
     [GUIDE] license to knowingly outfit a big game hunt, provide                               
     outfitting services, advertise as an outfitter of big game hunts, or                       
     represent to be an outfitter of big game hunts;                                                
              (12)  person to knowingly provide transportation services                             
     to big game hunters without holding a current registered guide-                            
     outfitter [GUIDE] license or transporter license;                                          
              (13)  person without a current transporter license to                                 
     knowingly advertise as, or represent to be, a transporter;                                     
              (14)  class-A assistant guide or an assistant guide to                                
     knowingly contract to guide or outfit a hunt;                                                  
              (15)  person licensed under this chapter to knowingly                                 
     violate a state statute or regulation prohibiting waste of a wild                              
     food animal or hunting on the same day airborne;                                               
              (16)  person to knowingly provide big game hunting                                    
     service or transportation services during the period for which the                             
     person's license to provide that service is suspended or revoked;                             

2004-05-11                     House Journal                      Page 4272
              (17)  registered guide-outfitter [GUIDE], except in the                           
     defense of life or property, to knowingly personally take                                      
                   (A)  big game while accompanying a client in the                                 
         field; or                                                                                  
                   (B)  a species of big game if the registered guide-                          
         outfitter [GUIDE] is under contract with a client to provide a                         
         guided hunt for that species of big game and the client is in                              
         the field;                                                                                 
              (18)  person who is licensed as a registered guide-                               
     outfitter [GUIDE], a class-A assistant guide, or an assistant                              
     guide, except in the defense of life or property, to knowingly                                 
     personally take big game while a client of the registered guide-                           
     outfitter [GUIDE] by whom the person is employed is in the field                           
     unless the person is not participating in, supporting, or otherwise                            
     assisting in providing big game hunting services to a client of the                            
     registered guide-outfitter [GUIDE] by whom the person is                                   
     employed; or                                                                                   
              (19)  person who is licensed as a transporter, or who                                 
     provides transportation services under a transporter license, to                               
     knowingly accompany or remain in the field with a big game                                     
     hunter who is a client of the person except as necessary to perform                            
     the specific duties of embarking or disembarking big game                                      
     hunters, their equipment, or big game animals harvested by                                     
     hunters; this paragraph does not apply to a person who holds both                              
     a transporter license and a registered guide-outfitter [ANY                                
     CLASS OF GUIDE] license issued under this chapter when the                                 
     person has a contract to provide guiding services for the                                  
     client.                                                                                    
   * Sec. 27.  AS 08.54.720(f) is amended to read:                                                
         (f)  In addition to the penalties set out in (b) - (e) of this                             
     section and a disciplinary sanction imposed under AS 08.54.710,                                
              (1)  the court may order the board [DEPARTMENT] to                                
     suspend the guide license or transporter license of a person who                               
     commits a misdemeanor offense set out in (a)(1), (3) - (5), (7),                               
     (17), (18), or (19) of this section for a specified period of not more                         
     than three years;                                                                              
              (2)  the court shall order the board [DEPARTMENT] to                              
     suspend the guide license or transporter license of a person who                               
     commits a misdemeanor offense set out in (a)(2) or (8) - (14) of                               
     this section for a specified period of not less than one year and not                          

2004-05-11                     House Journal                      Page 4273
     more than five years;                                                                          
              (3)  the court shall order the board [DEPARTMENT] to                              
     suspend the guide license or transporter license for a specified                               
     period of not less than three years, or to permanently revoke the                              
     guide license or transporter license, of a person who commits an                               
     offense set out in (a)(15) or (16) of this section; and                                        
              (4)  all guns, fishing tackle, boats, aircraft, automobiles,                          
     or other vehicles, camping gear, and other equipment and                                       
     paraphernalia used in, or in aid of, a violation of (a) of this section                        
     may be seized by persons authorized to enforce this chapter and                                
       may be forfeited to the state as provided under AS 16.05.195.                               
   * Sec. 28.  AS 08.54.730 is amended to read:                                                   
         Sec. 08.54.730.  Injunction against unlawful action.  When                               
     in the judgment of the board [DEPARTMENT], a person has                                    
     engaged in an act in violation of AS 08.54.620(b), 08.54.630(b),                               
     08.54.650(b), 08.54.710(g), or 08.54.720(a) or the regulations                                 
     adopted under these statutes, the board [DEPARTMENT] may                                   
     apply to the appropriate court for an order enjoining the action.                              
     Upon a showing by the board [DEPARTMENT] that the person                                   
     is engaging in the act, the court shall grant injunctive relief or                             
     other appropriate order without bond.                                                          
   * Sec. 29.  AS 08.54.740 is amended to read:                                                   
         Sec. 08.54.740.  Responsibility of guide or transporter for                              
     violations.  (a)  A registered guide-outfitter [GUIDE] who                               
     contracts to guide or outfit a big game hunt is equally responsible                            
     under AS 08.54.710 for a violation of a state or federal wildlife                          
     or game or [,] guiding [, OR TRANSPORTATION SERVICES]                                  
     statute or regulation committed by a person while in the course of                             
     the person's employment for the registered guide-outfitter                                 
     [GUIDE].                                                                                       
         (b)  A transporter who provides transportation services is                                 
     equally responsible under AS 08.54.710 for a violation of a state                              
     or federal wildlife or game, guiding, or transportation services                           
     statute or regulation committed by a person while in the course of                             
     the person's employment for the transporter.                                                   
   * Sec. 30.  AS 08.54.750 is amended to read:                                                   
         Sec. 08.54.750.  Use area registration.  (a)  At least 30 days                           
     before conducting big game hunting services within a guide use                                 
     area, a registered guide-outfitter [GUIDE] shall inform the                                
     department, in person or by registered mail on a registration form                             

2004-05-11                     House Journal                      Page 4274
     provided by the department, that the guide-outfitter [GUIDE]                               
     will be conducting big game hunting services in the use area.  A                           
     registered guide may not withdraw or amend a guide use area                                
     registration during the calendar year in which the registration                            
     was submitted to the department.                                                           
         (b)  A registered guide-outfitter [GUIDE] may not register                             
     for, or conduct big game hunting services in,                                                  
              (1)  more than three guide use areas during a calendar                                
     year; or                                                                                       
              (2)  a guide use area that is outside of a game                                       
     management unit for which the registered guide-outfitter                                   
     [GUIDE] is certified under AS 08.54.600.                                                       
         (c)  Notwithstanding (a) and (b) of this section, a registered                             
     guide-outfitter [GUIDE] may register to conduct big game                                   
     hunting services within a guide use area at any time before                                    
     beginning operations in the guide use area and may conduct big                                 
     game hunting services in a guide use area, or for a big game                                   
     species in a guide use area, that is not one of the three guide use                            
     areas for which the registered guide-outfitter [GUIDE] has                                 
     registered under (b) of this section if the Department of Fish and                             
     Game has determined by regulation that it is in the public interest                            
     to suspend the registration requirements for that guide use area or                            
     for all guide use areas in a game management unit or game                                      
     management subunit for a big game species within those guide use                               
     areas.                                                                                         
         (d)  Notwithstanding (b) of this section, a registered guide-                          
     outfitter [GUIDE] who is registered in three guide use areas may                           
     also register for and conduct big game hunting services in a                                   
     portion of one additional guide use area on federal land adjacent to                           
     a guide use area in which the registered guide-outfitter [GUIDE]                           
     is already registered if the board [DEPARTMENT] finds that the                             
     portion of the adjacent guide use area for which the registered                                
     guide-outfitter [GUIDE] is seeking to be registered would                                  
     otherwise remain unused by a registered guide-outfitter [GUIDE]                            
     because the boundaries of guide use areas do not coincide with                                 
     boundaries of federal big game guide concession or permit areas.                               
         (e)  In this section, "guide use area" means a geographic area                             
     of the state identified as a guide-outfitter use area by the former                            
     Big Game Commercial Services Board established under former                                
     AS 08.54.300 and described on a set of maps titled Guide-                                  

2004-05-11                     House Journal                      Page 4275
     Outfitter Use Area Maps, dated June 22, 1994, as amended by                                
     the board as the board considers necessary.                                                
   * Sec. 31.  AS 08.54.750 is amended by adding new subsections to                               
read:                                                                                               
         (f)  Notwithstanding (b) of this section, a registered guide who                           
     is registered in three guide use areas may also register for and                               
     conduct big game hunting services for wolf, black bear, brown                                  
     bear, or grizzly bear in guide use areas within a game management                              
     unit or portion of a game management unit where the Board of                                   
     Game has identified predation by wolf, black bear, brown bear, or                              
     grizzly bear as a cause of the depletion of a big game prey                                    
     population or a reduction of the productivity of a big game prey                               
     population that is the basis for the establishment of an intensive                             
     management program in the game management unit or portion of                                   
     the game management unit or for the declaration of the biological                              
     emergency in the game management unit or portion of the game                                   
     management unit.  A registered guide may only conduct hunts in a                               
     guide use area under this subsection for the big game species                                  
     identified by the Board of Game as the cause of the depletion or                               
     reduction of productivity a big game prey population.                                          
         (g)  At least 60 days before providing transportation services                             
     to, from, or in an area as may be determined by the board, a                                   
     transporter shall inform the department, in person or by registered                            
     mail on a registration form provided by the department, that the                               
     transporter will be providing transportation services to, from, or in                          
     the use area.  The board may establish transporter use areas and                               
     adopt regulations to implement this subsection as the board                                    
     considers necessary.                                                                           
   * Sec. 32.  AS 08.54.760 is amended to read:                                                   
         Sec. 08.54.760.  Hunt records; confidentiality of hunt                                   
     records and activity reports.  (a)  The department shall collect                             
     and maintain hunt records provided by a registered guide-                                  
     outfitter [GUIDE].  A registered guide-outfitter [GUIDE] shall                         
     submit to the department a hunt record for each contracted hunt                                
     within 60 [30] days after the completion of the hunt.  A hunt                              
     record must include a list of all big game hunters who used the                                
     guiding or outfitting services of the registered guide-outfitter                           
     [GUIDE], the number of each big game species taken, and other                                  
     information required by the board [DEPARTMENT].  The                                       
     department shall provide forms for reporting hunt records.                                     

2004-05-11                     House Journal                      Page 4276
         (b)  The department shall make hunt records received under                                 
     this section, and activity reports received under AS 08.54.650,                                
     available to state agencies, [AND] federal law enforcement                             
     agencies and other [FISH AND WILDLIFE] law enforcement                                     
     agencies [CHARGED WITH THE ENFORCEMENT OF                                                      
     STATUTES AND REGULATIONS RELATING TO GUIDING,                                                  
     OUTFITTING, TRANSPORTATION SERVICES, OR GAME                                                   
     OR WITH MANAGEMENT OF GAME] if requested [FOR                                                  
     GAME MANAGEMENT OR LAW ENFORCEMENT                                                             
     PURPOSES].  Aggregated data compiled from hunt records and                                     
     activity reports may be included in reports by the department. For                             
     all other purposes, the hunt records and activity reports are                                  
     confidential and are not subject to inspection or copying under                                
     AS 40.25.110 - 40.25.125.                                                                      
   * Sec. 33.  AS 08.54.770 is amended to read:                                                   
         Sec. 08.54.770.  License and examination fees.  (a) The                                  
     department shall set fees under AS 08.01.065 for each of the                                   
     following:                                                                                     
              (1)  registered guide-outfitter [GUIDE] license;                                  
              (2)  class-A assistant guide license;                                                 
              (3)  assistant guide license;                                                         
              (4)  transporter license;                                                             
              (5)  license application fee.                                                         
                   (b)  The license fee for the registered guide-outfitter                      
         [GUIDE], class-A assistant guide, or assistant guide license is                            
         in addition to the fee required for a hunting license issued by                        
         the Department of Fish and Game under AS 16.05.340.                                    
         (c)  An applicant for a qualifying examination for a registered                            
     guide-outfitter [GUIDE] license shall pay a fee established by                             
     regulations adopted under AS 08.01.065.                                                        
         (d)  The fee for the transporter license must be equal to the fee                          
     for the registered guide-outfitter [GUIDE] license.                                        
         (e)  The [FOR LICENSES ISSUED UNDER THIS                                               
     CHAPTER FOR 1997 AND SUBSEQUENT YEARS, THE]                                                    
     amount of the license fee for a nonresident shall be two times the                             
     amount of the license fee for a resident.                                                      
   * Sec. 34.  AS 08.54.790 is amended to read:                                                   
         Sec. 08.54.790.  Definitions.  In this chapter,                                          
              (1)  "big game" means brown bear, grizzly bear, caribou,                              
     moose, black bear, bison, Sitka blacktail deer, elk, mountain goat,                            

2004-05-11                     House Journal                      Page 4277
     musk-ox, and mountain or Dall sheep; "big game" includes wolf                                  
     and wolverine when taken under hunting regulations;                                            
              (2)  "big game hunting service" means a service for which                             
     the provider of the service must obtain a registered guide-                                
     outfitter [GUIDE], class-A assistant guide, or assistant guide                             
     license; "big game hunting service" includes guiding services and                              
     outfitting services;                                                                           
              (3)  "board" means the Big Game Commercial                                        
     Services Board;                                                                            
              (4)  "compensation" means payment for services                                    
     including wages or other remuneration but not including                                        
     reimbursement for actual expenses incurred;                                                    
              (5) [(4)]  "department" means the Department of                                   
     Community and Economic Development;                                                            
              (6) [(5)]  "field" means an area outside of established                           
     year-round dwellings, businesses, or other developments                                        
     [USUALLY] associated with a city, town, or village; "field" does                               
     not include permanent hotels or roadhouses on the state road                                   
     system or state or federally maintained airports;                                              
              (7) [(6)]  "game management unit" means one of the 26                             
     geographic areas defined by the Board of Game for game                                         
     management purposes;                                                                           
              (8) [(7)]  "guide" means to provide, for compensation or                          
     with the intent or with an agreement to receive compensation,                                  
     services, equipment, or facilities to a big game hunter in the field                           
     by a person who accompanies or is present with the big game                                    
     hunter in the field either personally or through an assistant; in this                         
     paragraph, "services" includes                                                                 
                   (A)  contracting to guide or outfit big game hunts;                              
                   (B)  stalking, pursuing, tracking, killing, or                                   
         attempting to kill big game;                                                               
                   (C)  packing, preparing, salvaging, or caring for                                
         meat, except that which is required to properly and safely load                            
         the meat on the mode of transportation being used by a                                     
         transporter;                                                                               
                   (D)  field preparation of trophies, including skinning                           
         and caping;                                                                                
                   (E)  selling, leasing, or renting goods when the                                 
         transaction occurs in the field;                                                           
                   (F)  using guiding or outfitting equipment, including                            

2004-05-11                     House Journal                      Page 4278
         spotting scopes and firearms, for the benefit of a hunter; and                             
                   (G)  providing camping or hunting equipment or                                   
          supplies that [WHICH] are already located in the field;                              
              (9) [(8)]  "outfit" means to provide, for compensation or                         
     with the intent to receive compensation, services, supplies, or                                
     facilities to a big game hunter in the field, by a person who neither                          
     accompanies nor is present with the big game hunter in the field                               
     either personally or by an assistant;                                                          
              (10) [(9)]  "transportation services" means the carriage for                      
     compensation of big game hunters, their equipment, or big game                                 
     animals harvested by hunters to, from, or in the field;                                        
     "transportation services" does not include the carriage by aircraft                            
     of big game hunters, their equipment, or big game animals                                      
     harvested by hunters                                                                           
                   (A)  on nonstop flights between airports listed in the                           
         Alaska supplement to the Airmen's Guide published by the                                   
         Federal Aviation Administration; or                                                        
                   (B)  by an air taxi operator or air carrier for which the                        
         carriage of big game hunters, their equipment, or big game                                 
         animals harvested by hunters is only an incidental portion of                              
         its business; in this subparagraph, "incidental" means                                     
         transportation provided to a big game hunter by an air taxi                                
         operator or air carrier who does not                                                       
                (i)  charge more than the usual tariff or charter                                   
              rate for the carriage of big game hunters, their equipment,                           
                or big game animals harvested by hunters; or                                       
                (ii)  advertise transportation services or big game                                 
              hunting services to the public; in this sub-subparagraph,                             
              "advertise" means soliciting big game hunters to be                                   
              customers of an air taxi operator or air carrier for the                              
              purpose of providing air transportation to, from, or in the                           
              field through the use of print or electronic media,                                   
              including advertising at trade shows, or the use of hunt                              
               broker services or other promotional services.                                      
   * Sec. 35.  AS 16.05.407(a) is amended to read:                                                
         (a)  It is unlawful for a nonresident to hunt, pursue, or take                             
     brown bear, grizzly bear, mountain goat, or sheep in this state,                               
     unless personally accompanied by                                                               
              (1)  a person who is licensed as                                                      
                   (A)  a registered guide-outfitter [GUIDE] or a                               

2004-05-11                     House Journal                      Page 4279
         master guide-outfitter [GUIDE] under AS 08.54 and who is                               
         providing big game hunting services to the nonresident under                               
         a contract with the nonresident; or                                                        
                   (B)  a class-A assistant guide or an assistant guide                             
         under AS 08.54 and who is employed by a registered guide-                              
         outfitter [GUIDE] or a master guide-outfitter [GUIDE] who                          
         has a contract to provide big game hunting services to the                                 
         nonresident; or                                                                            
              (2)  a resident over 19 years of age who is                                           
                   (A)  the spouse of the nonresident; or                                          
                   (B)  related to the nonresident, within and including                            
         the second degree of kindred, by marriage or blood.                                        
   * Sec. 36.  AS 16.05.407(f) is amended to read:                                                
         (f)  An applicant for a nonresident hunt permit for the taking                             
     of an animal specified in (a) of this section shall, if requested by                           
     the department, first furnish to the department proof of prior                                 
     authorization to use federal, state, or private land where the                             
     permit hunt will occur.  The authorization shall be provided to the                            
     applicant by the registered guide-outfitter [GUIDE] or master                              
     guide-outfitter [GUIDE] with whom the applicant has contracted                             
     to guide the permit hunt.                                                                      
   * Sec. 37.  AS 16.05.408(a) is amended to read:                                                
         (a)  It is a class A misdemeanor for a nonresident alien to                                
     hunt, pursue, or take a big game animal as defined by the Board of                             
     Game unless personally accompanied by                                                          
              (1)  a registered guide-outfitter [GUIDE] or a master                             
     guide-outfitter [GUIDE] licensed under AS 08.54 who is                                     
     providing big game hunting services to the nonresident alien                                   
     under a contract with the nonresident alien; or                                                
              (2)  a class-A assistant guide or an assistant guide                                  
     licensed under AS 08.54 who is employed by a registered guide-                             
     outfitter [GUIDE] or a master guide-outfitter [GUIDE] who has                          
     a contract to provide big game hunting services to the nonresident                             
     alien.                                                                                         
   * Sec. 38.  AS 16.05.408(c) is amended to read:                                                
         (c)  Before obtaining a nonresident hunt permit for the taking                             
     of an animal specified in (a) of this section, a nonresident alien                             
     shall, if requested by the department, first furnish to the                                    
     department proof of prior authorization to use federal or private                              
     land where the permit hunt will occur. The authorization shall be                              

2004-05-11                     House Journal                      Page 4280
     provided to the nonresident alien by the registered guide-outfitter                        
     [GUIDE] or master guide-outfitter [GUIDE] with whom the                                    
     nonresident alien has contracted to guide the permit hunt.                                     
   * Sec. 39.  AS 23.10.055 is amended to read:                                                   
         Sec. 23.10.055.  Exemptions.  The provisions of                                          
     AS 23.10.050 - 23.10.150 do not apply to                                                       
              (1)  an individual employed in agriculture, which includes                            
     farming in all its branches and, among other things, includes the                              
     cultivation and tillage of the soil, dairying, the production,                                 
     cultivation, growing, and harvesting of any agricultural or                                    
     horticultural commodities, the raising of livestock, bees, fur-                                
     bearing animals, or poultry, and any practices, including forestry                             
     and lumbering operations, performed by a farmer or on a farm as                                
     an incident to or in conjunction with the farming operations,                                  
     including preparation for market, delivery to storage or to market                             
     or to carriers for transportation to market;                                                   
              (2)  an individual employed in the catching, trapping,                                
     cultivating, or farming, netting or taking of any kind of fish,                            
      shellfish, or other aquatic forms of animal and vegetable life;                              
              (3)  an individual employed in the hand picking of                                    
     shrimp;                                                                                        
              (4)  an individual employed in domestic service,                                      
     including a baby-sitter, in or about a private home;                                           
              (5)  an individual employed by the United States or by the                            
     state or political subdivision of the state, except as provided in                             
     AS 23.10.065(b), including prisoners not on furlough detained or                               
     confined in prison facilities;                                                                 
              (6)  an individual engaged in the nonprofit activities of a                           
     nonprofit religious, charitable, cemetery, or educational                                      
     organization or other nonprofit organization where the employer-                               
     employee relationship does not, in fact, exist, and where services                             
     rendered to the organization are on a voluntary basis and are                                  
     related only to the organization's nonprofit activities; for purposes                          
     of this paragraph, "nonprofit activities" means activities for which                           
     the nonprofit organization does not incur a liability for unrelated                            
     business income tax under 26 U.S.C. 513, as amended;                                           
              (7)  an employee engaged in the delivery of newspapers                                
     to the consumer;                                                                               
              (8)  an individual employed solely as a watchman or                                   
     caretaker of a plant or property that is not in productive use for a                           

2004-05-11                     House Journal                      Page 4281
     period of four months or more;                                                                 
              (9)  an individual employed in a bona fide executive,                                 
     administrative, or professional capacity or in the capacity of an                              
     outside salesman or a salesman who is employed on a straight                                   
     commission basis;                                                                              
              (10)  an individual employed in the search for placer or                              
     hard rock minerals;                                                                            
              (11)  an individual under 18 years of age employed on a                               
     part-time basis not more than 30 hours in a week;                                              
              (12)  employment by a nonprofit educational or child care                             
     facility to serve as a parent of children while the children are in                            
     residence at the facility if the employment requires residence at                              
     the facility and is compensated on a cash basis exclusive of room                              
     and board at an annual rate of not less than                                                   
                   (A)  $10,000 for an unmarried person; or                                         
                   (B)  $15,000 for a married couple;                                               
              (13)  an individual who drives a taxicab, is compensated                              
     for taxicab services exclusively by customers of the service,                                  
     whose written contractual arrangements with owners of taxicab                                  
     vehicles, taxicab permits, or radio dispatch services are based                                
     upon flat contractual rates and not based on a percentage share of                             
     the individual's receipts from customers, and whose written                                    
     contract with owners of taxicab vehicles, taxicab permits, or radio                            
     dispatch services specifically provides that the contract places no                            
     restrictions on hours worked by the individual or on areas in                                  
     which the individual may work except to comply with local                                      
     ordinances;                                                                                    
              (14)  a person who holds a license under AS 08.54 and                                 
     who is employed by a registered guide-outfitter [GUIDE] or                                 
     master guide-outfitter [GUIDE] licensed under AS 08.54, for the                            
     first 60 work days in which the person is employed by the                                      
     registered guide-outfitter [GUIDE] or master guide-outfitter                           
     [GUIDE] during a calendar year;                                                                
              (15)  an individual engaged in activities for a nonprofit                             
     religious, charitable, civic, cemetery, recreational, or educational                           
     organization where the employer-employee relationship does not,                                
     in fact, exist, and where services are rendered to the organization                            
     under a work activity requirement of AS 47.27 (Alaska temporary                                
     assistance program); or                                                                        
              (16)  an individual who                                                               

2004-05-11                     House Journal                      Page 4282
                   (A)  provides emergency medical services only on a                               
         voluntary basis;                                                                           
                   (B)  serves with a full-time fire department only on a                           
         voluntary basis; or                                                                        
                   (C)  provides ski patrol services on a voluntary basis.                          
   * Sec. 40.  AS 39.50.200(b) is amended by adding a new paragraph                               
to read:                                                                                            
              (58)  Big Game Commercial Services Board                                              
     (AS 08.54.591).                                                                                
   * Sec. 41.  AS 41.23.420(d) is amended to read:                                                
         (d)  The provisions of AS 41.23.400 - 41.23.510 do not affect                              
     the authority of                                                                               
              (1)  the Department of Fish and Game, the Board of                                    
     Fisheries, the Board of Game, or the Big Game Commercial                                   
     Services Board [DEPARTMENT OF COMMUNITY AND                                                
     ECONOMIC DEVELOPMENT] under AS 08.54, AS 16, or                                                
     AS 41.99.010;                                                                                  
              (2)  the Department of Environmental Conservation under                               
     AS 46.03; or                                                                                   
              (3)  state agencies and municipalities under AS 46.39.010                             
     and AS 46.40.100.                                                                              
   * Sec. 42.  AS 44.62.330(a)(35) is amended to read:                                            
              (35)  Big Game Commercial Services Board                                          
     [DEPARTMENT OF COMMUNITY AND ECONOMIC                                                          
     DEVELOPMENT UNDER AS 08.54 AS TO LICENSING AND                                                 
     RELATED FUNCTIONS FOR BIG GAME GUIDES AND                                                      
     TRANSPORTERS];                                                                                 
   * Sec. 43.  The uncodified law of the State of Alaska is amended by                            
adding a new section to read:                                                                       
 INITIAL APPOINTMENT OF MEMBERS OF THE BIG GAME                                                     
COMMERCIAL SERVICES BOARD.  (a)  Notwithstanding                                                    
AS 08.54.591, added by sec. 4 of this Act, and AS 39.05.055, the                                    
initially appointed members of the Big Game Commercial Services                                     
Board shall be appointed by the governor to terms as follows: one                                   
member serves for one year, two members serve for two years, two                                    
members serve for three years, and two members serve for four years.                                
 (b)  The governor shall appoint the initial members of the Big                                     
Game Commercial Services Board, as provided for under                                               
AS 08.54.591(a), added by sec. 4 of this Act, before December 1,                                    
2004.                                                                                               

2004-05-11                     House Journal                      Page 4283
 (c)  The governor shall appoint persons who are active, licensed                                   
registered guides at the time of appointment to fill the initial registered                         
guide-outfitter positions on the Big Game Commercial Services                                       
Board.                                                                                              
   * Sec. 44.  The uncodified law of the State of Alaska is amended by                            
adding a new section to read:                                                                       
 TRANSITION: LICENSES.  (a)  Notwithstanding                                                        
AS 08.54.610(a), as amended by sec. 9 of this Act, a person who holds                               
a registered guide license in good standing on the day before the first                             
meeting of the Big Game Commercial Services Board established                                       
under AS 08.54.591, added by sec. 4 of this Act, shall, after the                                   
effective date of sec. 9 of this Act, be considered to hold a registered                            
guide-outfitter license issued under AS 08.54.610, as amended by sec.                               
9 of this Act and may renew the license as a registered guide-outfitter                             
license under AS 08.54.660, as amended by sec. 15 of this Act.                                      
 (b)  Notwithstanding AS 08.54.610(b), as amended by sec. 9 of                                      
this Act, a person who holds a master guide license in good standing                                
on the day before the first meeting of the Big Game Commercial                                      
Services Board established under AS 08.54.591, added by sec. 4 of                                   
this Act, shall, after the effective date of sec. 9 of this Act, be                                 
considered to hold a master guide-outfitter license issued under                                    
AS 08.54.610, as amended by sec. 9 of this Act and may renew the                                    
license as a master guide-outfitter license under AS 08.54.660, as                                  
amended by sec. 15 of this Act.                                                                     
   * Sec. 45.  The uncodified law of the State of Alaska is amended by                            
adding a new section to read:                                                                       
 SAVING CLAUSE.  Litigation, hearings, investigations, and                                          
other proceedings pending under a law amended or repealed by this                                   
Act, or in connection with functions transferred by this Act, continue                              
in effect and may be continued and completed notwithstanding a                                      
transfer or amendment or repeal provided for by this Act.  Regulations                              
adopted under authority of a law amended or repealed by this Act                                    
remain in effect for the term adopted or until repealed or otherwise                                
amended under the provisions of this Act.                                                           
   * Sec. 46.  The uncodified law of the State of Alaska is amended by                            
adding a new section to read:                                                                       
 SUSPENSION OF A PROVISION OF AS 44.66.050(e).  The                                                 
provision of AS 44.66.050(e) regarding the continuance or                                           
reestablishment of more than one board, commission, or agency                                       
program in a single legislative bill is suspended as to this Act.                                   

2004-05-11                     House Journal                      Page 4284
   * Sec. 47.  Sections 4, 18, and 43 - 46 of this Act take effect                                
immediately under AS 01.10.070(c).                                                                  
   * Sec. 48.  Except as provided in sec. 47 of this Act, this Act takes                          
effect on the day on which the Big Game Commercial Services Board                                   
convenes its first meeting.  The commissioner of community and                                      
economic development shall inform the revisor of statutes and the                                   
lieutenant governor of the date on which the Big Game Commercial                                    
Services Board convenes its first meeting."                                                         
                                                                                                    
                                                                                                    
HB 464 is under Unfinished Business.                                                                
                                                                                                    
                                                                                                    
                                                                                                    
HB 511                                                                                            
A message dated May 11, 2004, was read stating the Senate has passed                                
CSHB 511(HES) am with the following amendment and it is                                             
transmitted for consideration with a Senate letter of intent:                                       
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 511(FIN)                                                   
     "An Act relating to the certificate of need program for health care                            
     facilities; and providing for an effective date."                                              
                                                                                                    
CSHB 511(HES) am is under Unfinished Business.                                                      
                                                                                                    
                                                                                                    
HB 513                                                                                            
A message dated May 11, 2004, was read stating the Senate has passed                                
HB 513 with the following amendment and it is transmitted for                                       
consideration:                                                                                      
                                                                                                    
     SENATE CS FOR HOUSE BILL NO. 513(JUD)                                                          
     "An Act relating to the enforcement of support orders through                                  
     suspension of drivers' licenses; changing the name of the child                                
     support enforcement agency to the child support services agency;                               
     amending Rules 90.3 and 90.5, Alaska Rules of Civil Procedure;                                 
     and providing for an effective date."                                                          
                                                                                                    
HB 513 is under Unfinished Business.                                                                
                                                                                                    

2004-05-11                     House Journal                      Page 4285
HB 514                                                                                            
A message dated May 11, 2004, was read stating the Senate has passed                                
CSHB 514(FIN) am with the following amendment and it is                                             
transmitted for consideration:                                                                      
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 514(FIN)                                                   
     "An Act relating to child support modification and enforcement, to                             
     the establishment of paternity by the child support enforcement                                
     agency, and to the crimes of criminal nonsupport and aiding the                                
     nonpayment of child support; amending Rule 90.3, Alaska Rules                                  
     of Civil Procedure; and providing for an effective date."                                      
                                                                                                    
CSHB 514(FIN) am is under Unfinished Business.                                                      
                                                                                                    
                                                                                                    
SB 338                                                                                            
A message dated May 11, 2004, was read stating the Senate has failed                                
to concur in the House amendment to CSSB 338 (STA), namely:                                         
                                                                                                    
     CS FOR SENATE BILL NO. 338(STA) am H                                                           
     "An Act relating to actionable claims against state employees; and                             
     providing for an effective date."                                                              
                                                                                                    
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 the like                                   
committee from the House to consider the bills:                                                     
                                                                                                    
 Senator Seekins, Chair                                                                             
 Senator Green                                                                                      
 Senator French                                                                                     
                                                                                                    
CSSB 338 (STA) am H is under Unfinished Business.                                                   
                                                                                                    
                                                                                                    
SB 357                                                                                            
A message dated May 11, 2004, was read stating the Senate has failed                                
to concur in the House amendment to CSSB 357(FIN), namely:                                          
                                                                                                    

2004-05-11                     House Journal                      Page 4286
             HOUSE CS FOR CS FOR SENATE BILL NO. 357(FIN) am H                                     
     "An Act relating to the regulation of insurance, insurance licenses,                           
     qualifications of insurance producers, surplus lines, fraud                                    
     investigations, electronic transactions, and compliance with                                   
     federal law and national standards; and providing for an effective                             
     date."                                                                                         
                                                                                                    
and respectfully requests the House to recede from its amendment.                                   
                                                                                                    
HCS CSSB 357(FIN) am H is under Unfinished Business.                                                
                                                                                                    
SB 382                                                                                            
A message dated May 11, 2004, was read stating the Senate has failed                                
to concur in the House amendment to CSSB 382(CRA) am, namely:                                       
                                                                                                    
     CS FOR SENATE BILL NO. 382(CRA) am H                                                           
     "An Act relating to replat approval; relating to the platting of                               
     right-of-way acquired through eminent domain proceedings; and                                  
     providing for an effective date."                                                              
                                                                                                    
and respectfully requests the House to recede from its amendment.                                   
                                                                                                    
CSSB 382(CRA) am H is under Unfinished Business.                                                    
                                                                                                    
Messages dated May 11, 2004, were read stating the Senate has passed                                
the following and they are transmitted for consideration:                                           
                                                                                                    
                        FIRST READING AND REFERENCE                                              
                           OF SENATE RESOLUTIONS                                                 
                                                                                                    
SCR 30                                                                                            
SENATE CONCURRENT RESOLUTION NO. 30 by the Senate                                                   
Finance Committee:                                                                                  
                                                                                                    
     Suspending Rules 24(c), 35, 41(b), 42(c) and 42(e), Uniform                                    
     Rules of the Alaska State Legislature, concerning Senate Bill                                  
     No. 283, relating to appropriations from the constitutional budget                             
     reserve fund.                                                                                  
                                                                                                    
was read the first time and taken up later as a Special Order of                                    
Business.                                                                                           

2004-05-11                     House Journal                      Page 4287
SCR 31                                                                                            
SENATE CONCURRENT RESOLUTION NO. 31 by the Senate                                                   
Resources Committee:                                                                                
                                                                                                    
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                 
     the Alaska State Legislature, concerning House Bill No. 464,                                   
     relating to the termination date of the Board of Certified Real                                
     Estate Appraisers.                                                                             
                                                                                                    
was read the first time.                                                                            
                                                                                                    
SCR 33                                                                                            
SENATE CONCURRENT RESOLUTION NO. 33 by the Senate                                                   
Judiciary Committee:                                                                                
                                                                                                    
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                 
     the Alaska State Legislature, concerning House Bill No. 309,                                   
     relating to nonindigenous fish.                                                                
                                                                                                    
was read the first time and taken up later as a Special Order of                                    
Business.                                                                                           
                                                                                                    
                                                                                                    
                            UNFINISHED BUSINESS                                                  
                                                                                                    
SB 337                                                                                            
Representative Berkowitz moved and asked unanimous consent that                                     
that the House rescind previous action in passing the following (page                               
3908):                                                                                              
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 337(FIN)                                                   
     "An Act relating to the powers of the Alaska Energy Authority to                               
     make grants and loans, to enter into contracts, and to improve,                                
     equip, operate, and maintain bulk fuel, waste energy, energy                                   
     conservation, energy efficiency, and alternative energy facilities                             
     and equipment; relating to the bulk fuel revolving loan fund;                                  
     relating to the Alaska Energy Authority's liability for the provision                          
     of technical assistance to rural utilities; relating to the continuation                       
     of the motor fuel tax rate for fuel produced from the processing of                            
     lignocellulose from wood or waste seafood; relating to the Alaska                              

2004-05-11                     House Journal                      Page 4288
     Energy Authority's investment of the power development fund;                                   
     repealing the electrical service extension fund; and providing for                             
     an effective date."                                                                            
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
HCS CSSB 337(FIN) was again before the House in third reading.                                      
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
HCS CSSB 337(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 Representative Berkowitz:                                            
                                                                                                    
Page l, line 11:                                                                                    
 Insert a new bill section to read:                                                                 
   "* Section 1. AS 41.98 is amended by adding a new section to read:                             
         Sec. 41.98.190. Hydrogen energy partnership. (a) There is                                
     established in the Department of Community and Economic                                        
     Development the hydrogen energy partnership.                                                   
         (b) Members of the partnership shall be appointed by the                                   
     commissioner of community and economic development to                                          
     represent                                                                                      
              (1) the federal government;                                                           
              (2) state government;                                                                 
              (3) the University of Alaska;                                                         
              (4) political subdivisions of the state;                                              
              (5) tribal organizations of the state;                                                
              (6) the electric utility industry;                                                    
              (7) the fossil fuel industry;                                                         
              (8) nonfossil fuel energy industry; and                                               
               (9) private environmental conservation groups.                                      
         (c) The partnership members shall serve without                                            
     compensation but are entitled to transportation expenses and per                               
     diem as authorized for members of boards and commissions under                                 
     AS 39.20.180.                                                                                  
         (d) The hydrogen energy partnership shall facilitate the                                   
     development of a hydrogen fuel industry in Alaska by means                                     
     including                                                                                      

2004-05-11                     House Journal                      Page 4289
       (1) meeting with hydrogen energy interests to plan                                           
     hydrogen energy research and development;                                                      
              (2) proposing policy to promote federal and private                                   
     industry investment in hydrogen energy research and                                            
     development;                                                                                   
              (3) evaluating the market for hydrogen energy                                         
     production;                                                                                    
              (4) proposing tax incentives for investment in a hydrogen                             
     energy infrastructure; and                                                                     
              (5) reporting annually to the legislature on or before the                            
     20th day of each regular session on the development of hydrogen                                
     energy production in the state."                                                               
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 7, line 8:                                                                                     
 Insert new bill sections to read:                                                                  
   "* Sec. 11. AS 44.33.020 is amended by adding a new paragraph to                               
read:                                                                                               
              (44) provide staff support for the hydrogen energy                                    
     partnership established under AS 41.98.190, and the University of                              
     Alaska shall provide assistance to the commissioner upon                                       
     request."                                                                                      
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 9, line 23:                                                                                    
 Insert new bill sections to read:                                                                  
   "* Sec. 17. The uncodified law of the State of Alaska is amended by                            
adding a new section to read:                                                                       
 FUNDING FOR HYDROGEN ENERGY PARTNERSHIP. The                                                       
commissioner of community and economic development shall seek                                       
federal and private sources of funding to cover the costs of the                                    
establishment of and operation of the hydrogen energy partnership                                   
established in sec. 2 of this Act.                                                                  
 * Sec. 18. The uncodified law of the State of Alaska is amended                                  
by adding a new section to read:                                                                    
 CONDITIONAL EFFECT. Sections 11 and 17 of this Act take                                            
effect only if the Department of Community and Economic                                             
Development obtains sufficient funding under sec. 4 of this Act."                                   
                                                                                                    

2004-05-11                     House Journal                      Page 4290
Renumber the following bill sections accordingly.                                                   
                                                                                                    
                                                                                                    
Page 9, line 26:                                                                                    
 Insert new bill sections to read:                                                                  
         "* Sec. 20. If secs. 1 and 11 of this Act have not taken effect                          
     under sec. 18 of this Act by June 30, 2009, secs. 1, 11, 17, and 18                            
     of this Act are repealed June 30. 2009.                                                        
         * Sec. 21. If secs. 1 and 11 of this Act have not taken effect                           
     under sec. 18 of this Act by June 30, 2009, sec. 22 of this Act is                             
     repealed on June 30, 2009.                                                                     
         * Sec. 22. Sections 1 and 11 of this Act take effect 30 days                             
     after the commissioner of community and economic development                                   
     notifies the revisor of statutes that sufficient funding required                              
     under sec. 17 of this Act has been obtained.                                                   
         * Sec. 23. Section 17 of this Act takes effect immediately                               
     under AS 01.10.070(c)."                                                                        
                                                                                                    
Renumber the following bill sections and internal references                                        
accordingly.                                                                                        
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
that Amendment No. 1 be adopted.                                                                    
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
                                                                                                    
Amendment to Amendment No. 1 (title amendment) was offered by                                       
Representative Berkowitz:                                                                           
                                                                                                    
Page 1, line 7, following "seafood":                                                              
 Insert "establishing a hydrogen energy partnership"                                              
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment to Amendment No. 1 be adopted.  There being no                                            
objection, it was so ordered.                                                                       
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 1 as amended be                                           
adopted?"  The roll was taken with the following result:                                            

2004-05-11                     House Journal                      Page 4291
                                                                                                    
HCS CSSB 337(FIN)                                                                                   
Second Reading                                                                                      
Amendment No. 1 as amended                                                                          
                                                                                                    
YEAS:  38   NAYS:  1   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                   
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Samuels,                                     
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                       
                                                                                                    
Nays:  Rokeberg                                                                                     
                                                                                                    
Absent:  Anderson                                                                                   
                                                                                                    
And so, Amendment No. 1 as amended was adopted and the new title                                    
follows:                                                                                            
                                                                                                    
             HOUSE CS FOR CS FOR SENATE BILL NO. 337(FIN) am H                                     
     "An Act relating to the powers of the Alaska Energy Authority to                               
     make grants and loans, to enter into contracts, and to improve,                                
     equip, operate, and maintain bulk fuel, waste energy, energy                                   
     conservation, energy efficiency, and alternative energy facilities                             
     and equipment; relating to the bulk fuel revolving loan fund;                                  
     relating to the Alaska Energy Authority's liability for the provision                          
     of technical assistance to rural utilities; relating to the continuation                       
     of the motor fuel tax rate for fuel produced from the processing of                            
     lignocellulose from wood or waste seafood; establishing a                                      
     hydrogen energy partnership; relating to the Alaska Energy                                     
     Authority's investment of the power development fund; repealing                                
     the electrical service extension fund; and providing for an                                    
     effective date."                                                                               
                                                                                                    
The question being:  "Shall HCS CSSB 337(FIN) am H pass the                                         
House?"  The roll was taken with the following result:                                              
                                                                                                    
HCS CSSB 337(FIN) am H                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  40   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    

2004-05-11                     House Journal                      Page 4292
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring,                                    
Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg,                                     
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    
And so, HCS CSSB 337(FIN) am H passed the House.                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
In accordance with Rule 43(b) of the Uniform Rules, the Speaker                                     
waived engrossment of HCS CSSB 337(FIN) am H.  It was signed by                                     
the Speaker and Chief Clerk and transmitted to the Senate for                                       
consideration with copies of certified amendments attached.                                         
                                                                                                    
                                                                                                    
SB 30                                                                                             
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Conference Committee report on the following,                                    
which is under Unfinished Business (page 4217), at this time:                                       
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 30(JUD)                                                    
     "An Act relating to information and services available to pregnant                             
     women and other persons; ensuring informed consent before an                                   
     abortion may be performed; and providing exceptions to informed                                
     consent in certain cases."                                                                     
                                                                                                    
and                                                                                                 
                                                                                                    
     CS FOR SENATE BILL NO. 30(JUD) am                                                              
     "An Act relating to information and services available to pregnant                             
     women and other persons; and ensuring informed consent before                                  
     an abortion may be performed, except in cases of medical                                       
     emergency."                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    

2004-05-11                     House Journal                      Page 4293
Representative Coghill moved that the House adopt the Conference                                    
Committee report, thus adopting CCS SB 30 and recommended that                                      
the members vote yes.                                                                               
                                                                                                    
                                                                                                    
Representative Lynn declared a conflict of interest.                                                
                                                                                                    
                                                                                                    
The question being:  "Shall the House adopt the Conference                                          
Committee report?"  The roll was taken with the following result:                                   
                                                                                                    
CCS SB 30                                                                                           
Adopt                                                                                               
                                                                                                    
YEAS:  30   NAYS:  9   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Croft, Dahlstrom, Fate, Foster,                                 
Gatto, Harris, Hawker, Heinze, Holm, Joule, Kohring, Kott, Lynn,                                    
Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Seaton,                                        
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Gara, Gruenberg, Guttenberg,                                    
Kapsner, Kerttula, Kookesh                                                                          
                                                                                                    
Absent:  Samuels                                                                                    
                                                                                                    
And so, the House adopted the Conference Committee report, thus                                     
adopting:                                                                                           
                                                                                                    
     CONFERENCE CS FOR SENATE BILL NO. 30                                                           
     "An Act relating to information and services available to pregnant                             
     women and other persons; ensuring informed consent before an                                   
     abortion may be performed; and providing exceptions to informed                                
     consent in certain cases."                                                                     
                                                                                                    
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
                                                                                                    
The Senate adopted the Conference Committee report (Senate journal                                  
page 3697).                                                                                         
                                                                                                    

2004-05-11                     House Journal                      Page 4294
                        CONCUR IN SENATE AMENDMENTS                                              
                                                                                                    
HB 452                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4257) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 452(FIN) am                                                              
     "An Act relating to licensing and regulation of sport fishing                                  
     operators and sport fishing guides; authorizing the Department of                              
     Fish and Game and the Alaska Commercial Fisheries Entry                                        
     Commission to release records and reports to the Department of                                 
     Natural Resources and the Department of Public Safety; and                                     
     providing for an effective date."                                                              
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 452(RES)                                                   
     "An Act relating to licensing and regulation of sport fishing                                  
     operators and sport fishing guides; relating to licensing and                                  
     registration of sport fishing vessels; authorizing the Department of                           
     Fish and Game and the Alaska Commercial Fisheries Entry                                        
     Commission to release records and reports to the Department of                                 
     Natural Resources and the Department of Public Safety; and                                     
     providing for an effective date."                                                              
                                                                                                    
 (SCR 27 - title change resolution)                                                                 
                                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHB 452(FIN) am, thus adopting SCS CSHB                                               
452(RES), and recommended that the members vote yes.                                                
                                                                                                    
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 452(FIN) am?"  The roll was taken with the                                        
following result:                                                                                   

2004-05-11                     House Journal                      Page 4295
                                                                                                    
SCS CSHB 452(RES)                                                                                   
Concur                                                                                              
                                                                                                    
YEAS:  34   NAYS:  4   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Cissna, Coghill, Crawford, Dahlstrom, Fate, Foster,                                
Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm,                                   
Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn, Masek, McGuire,                                      
Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich,                                    
Weyhrauch, Williams, Wilson                                                                         
                                                                                                    
Nays:  Chenault, Kohring, Stoltze, Wolf                                                             
                                                                                                    
Absent:  Berkowitz, Croft                                                                           
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 452(RES).                                                                                  
                                                                                                    
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.                                
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
SCS CSHB 452(RES) was referred to the Chief Clerk for enrollment.                                   
                                                                                                    
                                   RECEDE                                                        
                                                                                                    
SB 338                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4285) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR SENATE BILL NO. 338(STA) am H                                                           
     "An Act relating to actionable claims against state employees; and                             
     providing for an effective date."                                                              
                                                                                                    
and                                                                                                 
                                                                                                    
     CS FOR SENATE BILL NO. 338(STA)                                                                
     (same title)                                                                                   
                                                                                                    

2004-05-11                     House Journal                      Page 4296
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House recede from its                                         
amendment to CSSB 338(STA), namely CSSB 338(STA) am H, and                                          
recommended that the members vote yes.                                                              
                                                                                                    
The question being:  "Shall the House recede from its amendment to                                  
CSSB 338(STA)?"  The roll was taken with the following result:                                      
                                                                                                    
CSSB 338(STA) am H                                                                                  
Recede                                                                                              
                                                                                                    
YEAS:  22   NAYS:  18   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Heinze, Holm, Kott, McGuire, Meyer, Morgan,                                         
Rokeberg, Samuels, Stepovich, Stoltze, Weyhrauch, Williams, Wilson                                  
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Joule, Kapsner, Kerttula, Kohring, Kookesh, Lynn,                                       
Masek, Moses, Ogg, Seaton, Wolf                                                                     
                                                                                                    
Dahlstrom changed from "Nay" to "Yea".                                                              
Gatto changed from "Nay" to "Yea".                                                                  
Williams changed from "Nay" to "Yea".                                                               
Cissna changed from "Yea" to "Nay".                                                                 
                                                                                                    
And so, the House receded from its amendment, thus adopting CSSB                                    
338(STA).                                                                                           
                                                                                                    
                                                                                                    
CSSB 338(STA) was signed by the Speaker and Chief Clerk and                                         
returned to the Senate.                                                                             
                                                                                                    
                                                                                                    
                        CONCUR IN SENATE AMENDMENTS                                              
                                                                                                    
HB 29                                                                                             
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4253) on the following at                                   
this time:                                                                                          
                                                                                                    

2004-05-11                     House Journal                      Page 4297
     CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                   
     29(JUD) am                                                                                     
     "An Act relating to real estate licensees and real estate                                      
     transactions; and providing for an effective date."                                            
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 29(JUD)                                             
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Lynn moved and asked unanimous consent that he be                                    
allowed to abstain from voting because of a conflict of interest.                                   
Objection was heard, and Representative Lynn was required to vote.                                  
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSSSHB 29(JUD) am, thus adopting SCS CSSSHB                                            
29(JUD), and recommended that the members vote yes.                                                 
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSSSHB 29(JUD) am?"  The roll was taken with the                                       
following result:                                                                                   
                                                                                                    
SCS CSSSHB 29(JUD)                                                                                  
Concur                                                                                              
                                                                                                    
YEAS:  24   NAYS:  14   EXCUSED:  0   ABSENT:  2                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Fate, Foster, Gatto, Harris,                                    
Hawker, Heinze, Holm, Kohring, Kott, Lynn, McGuire, Meyer,                                          
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Williams, Wolf                                                                                      
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Joule, Kapsner, Kerttula, Kookesh, Moses, Weyhrauch,                                    
Wilson                                                                                              
                                                                                                    
Absent:  Dahlstrom, Masek                                                                           
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSSSHB 29(JUD).                                                                                 
                                                                                                    

2004-05-11                     House Journal                      Page 4298
Representative Coghill moved the effective date clause.                                             
                                                                                                    
                                                                                                    
The question being:  "Shall the effective date clause be adopted?"  The                             
roll was taken with the following result:                                                           
                                                                                                    
SCS CSSSHB 29(JUD)                                                                                  
Concur                                                                                              
Effective Date                                                                                      
                                                                                                    
YEAS:  25   NAYS:  11   EXCUSED:  0   ABSENT:  4                                                  
                                                                                                    
                                                                                                    
Yeas:  Anderson, Coghill, Fate, Foster, Gatto, Gruenberg, Harris,                                   
Hawker, Heinze, Holm, Kohring, Kott, Lynn, McGuire, Meyer,                                          
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Wilson, Wolf                                                                             
                                                                                                    
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Gara, Guttenberg, Joule,                                 
Kapsner, Kerttula, Kookesh, Moses                                                                   
                                                                                                    
                                                                                                    
Absent:  Chenault, Dahlstrom, Masek, Williams                                                       
                                                                                                    
And so, the effective date clause was not adopted and the new title                                 
follows:                                                                                            
                                                                                                    
     SENATE CS FOR CS FOR SS FOR HOUSE BILL NO.                                                     
     29(JUD)(efd fld)                                                                               
     "An Act relating to real estate licensees and real estate                                      
     transactions."                                                                                 
                                                                                                    
                                                                                                    
Representative Rokeberg moved that the House rescind previous                                       
action in failing to adopt the effective date clause on SCS CSSSHB                                  
29(JUD)(efd fld).                                                                                   
                                                                                                    
                                                                                                    
Representative Harris placed a call of the House and lifted the call.                               
                                                                                                    
                                                                                                    
The question being:  "Shall the House rescind previous action in                                    
failing to adopt the effective date clause?"  The roll was taken with the                           
following result:                                                                                   

2004-05-11                     House Journal                      Page 4299
                                                                                                    
SCS CSSSHB 29(JUD)(efd fld)                                                                         
Concur                                                                                              
Rescind Previous Action/In Failing to Adopt the Effective Date                                      
                                                                                                    
YEAS:  38   NAYS:  2   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Croft,                                       
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Harris, Hawker,                                    
Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                     
Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                          
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Nays:  Crawford, Guttenberg                                                                         
                                                                                                    
And so, the motion passed.                                                                          
                                                                                                    
Representative Croft moved and asked unanimous consent that the                                     
House rescind previous action in concurring in the Senate amendment                                 
to CSSSHB 29(JUD) am, namely SCS CSSSHB 29(JUD).                                                    
                                                                                                    
The question being:  "Shall the House rescind previous action in                                    
concurring in the Senate amendment to CSSSHB 29(JUD) am?"  The                                      
roll was taken with the following result:                                                           
                                                                                                    
SCS CSSSHB 29(JUD)                                                                                  
Concur                                                                                              
Rescind Previous Action/In Concurrence                                                              
                                                                                                    
YEAS:  18   NAYS:  22   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara,                                
Gatto, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Masek,                                      
Moses, Ogg, Wilson, Wolf                                                                            
                                                                                                    
Nays:  Anderson, Chenault, Fate, Foster, Harris, Hawker, Heinze,                                    
Holm, Kohring, Kookesh, Kott, Lynn, McGuire, Meyer, Morgan,                                         
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams                                  
                                                                                                    
And so, the motion failed.                                                                          
                                                                                                    
The motion to adopt the effective date clause was before the House.                                 
                                                                                                    

2004-05-11                     House Journal                      Page 4300
The question being:  "Shall the effective date clause be adopted?"  The                             
roll was taken with the following result:                                                           
                                                                                                    
SCS CSSSHB 29(JUD)                                                                                  
Concur                                                                                              
Effective Date                                                                                      
                                                                                                    
YEAS:  40   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring,                                    
Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg,                                     
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    
And so, the effective date clause was adopted.                                                      
                                                                                                    
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
                                                                                                    
SCS CSSSHB 29(JUD) was referred to the Chief Clerk for enrollment.                                  
                                                                                                    
                                                                                                    
                         SPECIAL ORDER OF BUSINESS                                               
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
the notice and publication requirements be waived and the citation,                                 
Honoring - Rosemary Karish, be taken up as a Special Order of                                       
Business at this time.  There being no objection, it was so ordered.                                
                                                                                                    
                                                                                                    
The Speaker stated that, without objection, all members of the House                                
would be shown as cosponsors of the citation.                                                       
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citation.  There being no objection, the following                                
citation was approved and sent to enrolling:                                                        
                                                                                                    

2004-05-11                     House Journal                      Page 4301
Honoring - Rosemary Karish                                                                          
By Representatives Berkowitz, Kott, Anderson, Chenault, Cissna,                                     
Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto,                                     
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer,                                   
Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                  
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
                        CONCUR IN SENATE AMENDMENTS                                              
                                                                                                    
HB 288                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4208) on the following at                                   
this time:                                                                                          
                                                                                                    
     2d CS FOR HOUSE BILL NO. 288(RLS)                                                              
     "An Act changing the name of the Department of Community and                                   
     Economic Development to the Department of Commerce and                                         
     Community and Economic Development."                                                           
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 288(STA)                                                   
     "An Act changing the name of the Department of Community and                                   
     Economic Development to the Department of Commerce,                                            
     Community, and Economic Development."                                                          
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to 2d CSHB 288(RLS), thus adopting SCS CSHB                                               
288(STA), and recommended that the members vote yes.                                                
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to 2d CSHB 288(RLS)?"  The roll was taken with the                                        
following result:                                                                                   
                                                                                                    
SCS CSHB 288(STA)                                                                                   
Concur                                                                                              
                                                                                                    
YEAS:  37   NAYS:  1   EXCUSED:  0   ABSENT:  2                                                   

2004-05-11                     House Journal                      Page 4302
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Joule, Kerttula, Kohring, Kookesh, Kott,                                      
Lynn, Masek, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels,                                          
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                       
                                                                                                    
Nays:  Croft                                                                                        
                                                                                                    
Absent:  Kapsner, McGuire                                                                           
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 288(STA).                                                                                  
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
SCS CSHB 288(STA) was referred to the Chief Clerk for enrollment.                                   
                                                                                                    
                                                                                                    
HB 513                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4284) on the following at                                   
this time:                                                                                          
                                                                                                    
     HOUSE BILL NO. 513                                                                             
     "An Act relating to the enforcement of support orders through                                  
     suspension of drivers' licenses; changing the name of the child                                
     support enforcement agency to the child support services agency;                               
     amending Rules 90.3 and 90.5, Alaska Rules of Civil Procedure;                                 
     and providing for an effective date."                                                          
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR HOUSE BILL NO. 513(JUD)                                                          
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to HB 513, thus adopting SCS HB 513(JUD), and                                             
recommended that the members vote yes.                                                              
                                                                                                    

2004-05-11                     House Journal                      Page 4303
The question being:  "Shall the House concur in the Senate                                          
amendment to HB 513?"  The roll was taken with the following result:                                
                                                                                                    
SCS HB 513(JUD)                                                                                     
Concur                                                                                              
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kerttula, Kohring, Kookesh,                                    
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                    
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Absent:  Kapsner                                                                                    
                                                                                                    
Kohring changed from "Nay" to "Yea".                                                                
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS HB 513(JUD).                                                                                    
                                                                                                    
                                                                                                    
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 Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
court rule changes.  There being no objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
SCS HB 513(JUD) was referred to the Chief Clerk for enrollment.                                     
                                                                                                    
HB 511                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4284) on the following at                                   
this time:                                                                                          
                                                                                                    

2004-05-11                     House Journal                      Page 4304
     CS FOR HOUSE BILL NO. 511(HES) am                                                              
     "An Act relating to the certificate of need program for health care                            
     facilities; and providing for an effective date."                                              
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 511(FIN)                                                   
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHB 511(HES) am, thus adopting SCS CSHB                                               
511(FIN), and recommended that the members vote yes.                                                
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 511(HES) am?"  The roll was taken with the                                        
following result:                                                                                   
                                                                                                    
SCS CSHB 511(FIN)                                                                                   
Concur                                                                                              
                                                                                                    
YEAS:  31   NAYS:  7   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Cissna, Coghill, Crawford, Croft, Fate, Foster,                                    
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                  
Kapsner, Kerttula, Kookesh, Kott, McGuire, Meyer, Morgan, Moses,                                    
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams,                                     
Wilson                                                                                              
                                                                                                    
Nays:  Chenault, Dahlstrom, Kohring, Lynn, Masek, Stoltze, Wolf                                     
                                                                                                    
Absent:  Berkowitz, Gara                                                                            
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 511(FIN).                                                                                  
                                                                                                    
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.                                
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    

2004-05-11                     House Journal                      Page 4305
SCS CSHB 511(FIN) was referred to the Chief Clerk for enrollment.                                   
                                                                                                    
                                                                                                    
HB 514                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4285) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 514(FIN) am                                                              
     "An Act relating to child support modification and enforcement, to                             
     the establishment of paternity by the child support enforcement                                
     agency, and to the crimes of criminal nonsupport and aiding the                                
     nonpayment of child support; amending Rule 90.3, Alaska Rules                                  
     of Civil Procedure; and providing for an effective date."                                      
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 514(FIN)                                                   
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHB 514(FIN) am, thus adopting SCS CSHB                                               
514(FIN), and recommended that the members vote yes.                                                
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 514(FIN) am?"  The roll was taken with the                                        
following result:                                                                                   
                                                                                                    
SCS CSHB 514(FIN)                                                                                   
Concur                                                                                              
                                                                                                    
YEAS:  36   NAYS:  2   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Cissna, Coghill, Crawford, Croft,                                        
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn,                                      
Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels,                                       
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson                                             
                                                                                                    
Nays:  Kohring, Wolf                                                                                
                                                                                                    

2004-05-11                     House Journal                      Page 4306
Absent:  Berkowitz, Holm                                                                            
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 514(FIN).                                                                                  
                                                                                                    
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 Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
court rule change.  There being no objection, it was so ordered.                                    
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
SCS CSHB 514(FIN) was referred to the Chief Clerk for enrollment.                                   
                                                                                                    
HB 533                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4211) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 533(JUD)                                                                 
     "An Act relating to the state's administrative procedures and to                               
     judicial oversight of administrative matters."                                                 
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 533(FIN)                                                   
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHB 533(JUD), thus adopting SCS CSHB 533(FIN),                                        
and recommended that the members vote yes.                                                          
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 533(JUD)?"  The roll was taken with the                                           
following result:                                                                                   

2004-05-11                     House Journal                      Page 4307
                                                                                                    
SCS CSHB 533(FIN)                                                                                   
Concur                                                                                              
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Harris,                                     
Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                   
Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                          
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Absent:  Guttenberg, Holm                                                                           
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 533(FIN).                                                                                  
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
SCS CSHB 533(FIN) was referred to the Chief Clerk for enrollment.                                   
                                                                                                    
HB 252                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4206) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 252(STA)                                                                 
     "An Act relating to the terms and duties of the members of the                                 
     State Board of Registration for Architects, Engineers and Land                                 
     Surveyors."                                                                                    
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 252(JUD)                                                   
     "An Act relating to the terms and duties of the members of the                                 
     State Board of Registration for Architects, Engineers and Land                                 
     Surveyors; and relating to the employment and classification of an                             
     executive secretary for the board."                                                            
                                                                                                    
 (SCR 24 - title change resolution)                                                                 
                                                                                                    

2004-05-11                     House Journal                      Page 4308
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHB 252(STA), thus adopting SCS CSHB 252(JUD),                                        
and recommended that the members vote yes.                                                          
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 252(STA)?"  The roll was taken with the                                           
following result:                                                                                   
                                                                                                    
SCS CSHB 252(JUD)                                                                                   
Concur                                                                                              
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                  
Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                          
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Absent:  Holm, Joule                                                                                
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 252(JUD).                                                                                  
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
SCS CSHB 252(JUD) was referred to the Chief Clerk for enrollment.                                   
                                                                                                    
                         SPECIAL ORDER OF BUSINESS                                               
                                                                                                    
SCR 24                                                                                            
The following was taken up as a Special Order of Business at this                                   
time:                                                                                               
                                                                                                    
     SENATE CONCURRENT RESOLUTION NO. 24                                                            
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                 
     the Alaska State Legislature, concerning House Bill No. 252,                                   
     relating to boards under AS 08.01.                                                             
                                                                                                    

2004-05-11                     House Journal                      Page 4309
The question being:  "Shall SCR 24 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
SCR 24                                                                                              
Special Order of Business                                                                           
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                  
Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                          
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Absent:  Holm, Joule                                                                                
                                                                                                    
And so, SCR 24 passed the House, was signed by the Speaker and                                      
Chief Clerk and returned to the Senate.                                                             
                                                                                                    
                        CONCUR IN SENATE AMENDMENTS                                              
                                                                                                    
HB 309                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4253) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 309(JUD) am                                                              
     "An Act relating to nonindigenous fish."                                                       
                                                                                                    
and                                                                                                 
                                                                                                    
             SENATE CS FOR CS FOR HOUSE BILL NO. 309(RES) am S                                     
     "An Act relating to nonindigenous fish and consecutive                                         
     sentencing; and providing for an effective date."                                              
                                                                                                    
 (SCR 33 - title change resolution)                                                                 
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Rokeberg placed a call of the House and lifted the call.                             
                                                                                                    

2004-05-11                     House Journal                      Page 4310
**Representative Coghill moved and asked unanimous consent that                                     
Representative Moses be excused from a call of the House for the                                    
remainder of this legislative day.  There being no objection, it was so                             
ordered.                                                                                            
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHB 309(JUD) am, thus adopting SCS CSHB                                               
309(RES) am S, and recommended that the members vote yes.                                           
                                                                                                    
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 309(JUD) am?"  The roll was taken with the                                        
following result:                                                                                   
                                                                                                    
SCS CSHB 309(RES) am S                                                                              
Concur                                                                                              
                                                                                                    
YEAS:  24   NAYS:  13   EXCUSED:  1   ABSENT:  2                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Cissna, Coghill, Croft, Dahlstrom, Fate,                                 
Foster, Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, McGuire,                                 
Meyer, Rokeberg, Samuels, Stepovich, Stoltze, Weyhrauch, Wilson,                                    
Wolf                                                                                                
                                                                                                    
Nays:  Berkowitz, Crawford, Gara, Gatto, Gruenberg, Guttenberg,                                     
Joule, Kapsner, Kerttula, Masek, Morgan, Ogg, Seaton                                                
                                                                                                    
Excused:  Moses                                                                                     
                                                                                                    
Absent:  Kookesh, Williams                                                                          
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 309(RES) am S.                                                                             
                                                                                                    
                                                                                                    
                            UNFINISHED BUSINESS                                                  
                                                                                                    
SB 301                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Conference Committee with limited powers of free                                 
conference report on the following, which is under Unfinished                                       
Business (page 4218), at this time:                                                                 
                                                                                                    

2004-05-11                     House Journal                      Page 4311
             HOUSE CS FOR CS FOR SENATE BILL NO. 301(FIN) am H                                     
     "An Act relating to the Alaska Pioneers' Home and the Alaska                                   
     Veterans' Home; relating to eligibility for admission to the Alaska                            
     Pioneers' Home and Alaska Veterans' Home; relating to the                                      
     eligibility of residents for the Alaska Pioneers' Home and the                                 
     Alaska Veterans' Home for general relief assistance; relating to                               
     state veterans' home facilities; making conforming amendments;                                 
     and providing for an effective date."                                                          
                                                                                                    
and                                                                                                 
                                                                                                    
     CS FOR SENATE BILL NO. 301(FIN)                                                                
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House adopt the Conference                                    
Committee with limited powers of free conference report, thus                                       
adopting CCS SB 301.                                                                                
                                                                                                    
The question being:  "Shall the House adopt the Conference                                          
Committee with limited powers of free conference report?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CCS SB 301                                                                                          
Adopt                                                                                               
                                                                                                    
YEAS:  29   NAYS:  9   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kohring, Kott, Lynn,                                  
Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                      
Stepovich, Stoltze, Weyhrauch, Wilson, Wolf                                                         
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Kerttula, Kookesh                                                                       
                                                                                                    
Excused:  Moses                                                                                     
                                                                                                    
Absent:  Williams                                                                                   
                                                                                                    
And so, the House adopted the Conference Committee with limited                                     
powers of free conference report, thus adopting:                                                    
                                                                                                    

2004-05-11                     House Journal                      Page 4312
     CONFERENCE CS FOR SENATE BILL NO. 301                                                          
     (same title)                                                                                   
                                                                                                    
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 Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on                                 
adoption of the Legislative letter of intent (Senate Journal page 2364)                             
and the House letter of intent (page 3320).  There being no objection,                              
it was so ordered.                                                                                  
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
The Senate has adopted the Conference Committee with limited                                        
powers of free conference report (Senate Journal page 3703).                                        
                                                                                                    
HB 309                                                                                            
Representative Coghill moved the effective date clause for the                                      
following:                                                                                          
                                                                                                    
             SENATE CS FOR CS FOR HOUSE BILL NO. 309(RES) am S                                     
     "An Act relating to nonindigenous fish and consecutive                                         
     sentencing; and providing for an effective date."                                              
                                                                                                    
The House adopted SCS CSHB 309(RES) am S  (page 4310).                                              
                                                                                                    
The question being:  "Shall the effective date clause be adopted?"  The                             
roll was taken with the following result:                                                           
                                                                                                    
SCS CSHB 309(RES) am S                                                                              
Concur                                                                                              
Effective Date                                                                                      
                                                                                                    
YEAS:  37   NAYS:  2   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Cissna, Coghill, Crawford, Croft,                                        
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Joule, Kapsner, Kohring, Kookesh, Kott,                                       
Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels,                                        
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                       

2004-05-11                     House Journal                      Page 4313
Nays:  Berkowitz, Kerttula                                                                          
                                                                                                    
Excused:  Moses                                                                                     
                                                                                                    
And so, the effective date clause was adopted.                                                      
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
SCS CSHB 309(RES) am S was referred to the Chief Clerk for                                          
enrollment.                                                                                         
                                                                                                    
                                                                                                    
                                   RECEDE                                                        
                                                                                                    
SB 357                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4285) on the following at                                   
this time:                                                                                          
                                                                                                    
             HOUSE CS FOR CS FOR SENATE BILL NO. 357(FIN) am H                                     
     "An Act relating to the regulation of insurance, insurance licenses,                           
     qualifications of insurance producers, surplus lines, fraud                                    
     investigations, electronic transactions, and compliance with                                   
     federal law and national standards; and providing for an effective                             
     date."                                                                                         
                                                                                                    
and                                                                                                 
                                                                                                    
     CS FOR SENATE BILL NO. 357(FIN)                                                                
     (same title)                                                                                   
                                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved that the House recede from its                                         
amendment to CSSB 357(FIN), namely HCS CSSB 357(FIN) am H.                                          
                                                                                                    
                                                                                                    
The question being:  "Shall the House recede from its amendment to                                  
CSSB 357(FIN)?"  The roll was taken with the following result:                                      

2004-05-11                     House Journal                      Page 4314
                                                                                                    
HCS CSSB 357(FIN) am H                                                                              
Recede                                                                                              
                                                                                                    
YEAS:  23   NAYS:  16   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Fate, Foster, Gatto, Harris,                                    
Heinze, Holm, Kohring, Kott, McGuire, Meyer, Morgan, Ogg,                                           
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson                                                                                              
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara,                                         
Gruenberg, Guttenberg, Hawker, Joule, Kapsner, Kerttula, Kookesh,                                   
Lynn, Masek, Wolf                                                                                   
                                                                                                    
                                                                                                    
Excused:  Moses                                                                                     
                                                                                                    
And so, the House receded from its amendment, thus adopting CSSB                                    
357(FIN).                                                                                           
                                                                                                    
CSSB 357(FIN) was signed by the Speaker and Chief Clerk and                                         
returned to the Senate.                                                                             
                                                                                                    
                                                                                                    
                         SPECIAL ORDER OF BUSINESS                                               
                                                                                                    
SCR 33                                                                                            
The following was taken up as a Special Order of Business at this                                   
time:                                                                                               
                                                                                                    
     SENATE CONCURRENT RESOLUTION NO. 33                                                            
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                 
     the Alaska State Legislature, concerning House Bill No. 309,                                   
     relating to nonindigenous fish.                                                                
                                                                                                    
                                                                                                    
The question being:  "Shall SCR 33 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
SCR 33                                                                                              
Special Order of Business                                                                           
                                                                                                    
YEAS:  28   NAYS:  11   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    

2004-05-11                     House Journal                      Page 4315
Yeas:  Anderson, Chenault, Coghill, Croft, Dahlstrom, Fate, Foster,                                 
Gatto, Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek,                                    
McGuire, Meyer, Morgan, Rokeberg, Samuels, Seaton, Stepovich,                                       
Stoltze, Weyhrauch, Williams, Wilson, Wolf                                                          
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Gara, Gruenberg, Guttenberg,                                    
Joule, Kapsner, Kerttula, Kookesh, Ogg                                                              
                                                                                                    
Excused:  Moses                                                                                     
                                                                                                    
And so, SCR 33 passed the House, was signed by the Speaker and                                      
Chief Clerk and returned to the Senate.                                                             
                                                                                                    
                                                                                                    
                            UNFINISHED BUSINESS                                                  
                                                                                                    
HB 511                                                                                            
Representative Coghill moved the Senate letter of intent (Senate                                    
Journal page 3418) for the following:                                                               
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 511(FIN)                                                   
     "An Act relating to the certificate of need program for health care                            
     facilities; and providing for an effective date."                                              
                                                                                                    
The House adopted SCS CSHB 511(FIN) (page 4304).                                                    
                                                                                                    
The question being:  "Shall the House adopt the Senate letter of intent                             
for SCS CSHB 511(FIN)?"  The roll was taken with the following                                      
result:                                                                                             
                                                                                                    
SCS CSHB 511(FIN)                                                                                   
Concur                                                                                              
Letter of Intent                                                                                    
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring,                                    
Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg,                                            
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    

2004-05-11                     House Journal                      Page 4316
Excused:  Moses                                                                                     
                                                                                                    
And so, the Legislative letter of intent was adopted.                                               
                                                                                                    
                         SPECIAL ORDER OF BUSINESS                                               
                                                                                                    
SCR 27                                                                                            
The following was taken up as a Special Order of Business at this                                   
time:                                                                                               
                                                                                                    
     SENATE CONCURRENT RESOLUTION NO. 27                                                            
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                 
     the Alaska State Legislature, concerning House Bill No. 452,                                   
     relating to sport fishing operators and sport fishing guides.                                  
                                                                                                    
The question being:  "Shall SCR 27 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
SCR 27                                                                                              
Special Order of Business                                                                           
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring,                                    
Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg,                                            
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    
Excused:  Moses                                                                                     
                                                                                                    
And so, SCR 27 passed the House, was signed by the Speaker and                                      
Chief Clerk and returned to the Senate.                                                             
                                                                                                    
                                                                                                    
                          MESSAGES FROM THE SENATE                                               
                                                                                                    
SB 337                                                                                            
A message dated May 11, 2004, was received stating the Senate has                                   
failed to concur in the House amendment to CSSB 337(L&C), namely:                                   
                                                                                                    

2004-05-11                     House Journal                      Page 4317
             HOUSE CS FOR CS FOR SENATE BILL NO. 337(FIN) am H                                     
     "An Act relating to the powers of the Alaska Energy Authority to                               
     make grants and loans, to enter into contracts, and to improve,                                
     equip, operate, and maintain bulk fuel, waste energy, energy                                   
     conservation, energy efficiency, and alternative energy facilities                             
     and equipment; relating to the bulk fuel revolving loan fund;                                  
     relating to the Alaska Energy Authority's liability for the provision                          
     of technical assistance to rural utilities; relating to the continuation                       
     of the motor fuel tax rate for fuel produced from the processing of                            
     lignocellulose from wood or waste seafood; establishing a                                      
     hydrogen energy partnership; relating to the Alaska Energy                                     
     Authority's investment of the power development fund; repealing                                
     the electrical service extension fund; and providing for an                                    
     effective date."                                                                               
                                                                                                    
and respectfully requests the House to recede from its amendment.                                   
                                                                                                    
                                   RECEDE                                                        
                                                                                                    
SB 337                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4316) at this time.  There                                  
being no objection, it was so ordered.                                                              
                                                                                                    
Representative Coghill moved that the House recede from its                                         
amendment to CSSB 337(L&C), namely HCS CSSB 337(FIN) am H.                                          
                                                                                                    
The question being:  "Shall the House recede from its amendment to                                  
CSSB 337(L&C)?"  The roll was taken with the following result:                                      
                                                                                                    
HCS CSSB 337(FIN) am H                                                                              
Recede                                                                                              
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                   
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                           
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    

2004-05-11                     House Journal                      Page 4318
Excused:  Moses                                                                                     
                                                                                                    
Absent:  Anderson                                                                                   
                                                                                                    
And so, the House receded from its amendment, thus adopting CSSB                                    
337(L&C).                                                                                           
                                                                                                    
CSSB 337(L&C) was signed by the Speaker and Chief Clerk and                                         
returned to the Senate.                                                                             
                                                                                                    
Without objection, the House reverted to:                                                           
                                                                                                    
                          MESSAGES FROM THE SENATE                                               
                                                                                                    
HB 196                                                                                            
A message dated May 11, 2004, was read stating the Senate has passed                                
CSHB 196(RES) with the following amendment and it is transmitted                                    
for consideration:                                                                                  
                                                                                                    
             SENATE CS FOR CS FOR HOUSE BILL NO. 196(RES) am S                                     
     "An Act relating to carbon sequestration; and providing for an                                 
     effective date."                                                                               
                                                                                                    
The message further stated that under Rule 43(b) of the Uniform Rules                               
engrossment had been waived and the following certified amendment                                   
was attached:                                                                                       
                                                                                                    
Page 1, line 5:                                                                                     
 Delete "(a)"                                                                                       
                                                                                                    
Page 1, lines 6 - 10:                                                                               
 Delete all material.                                                                               
                                                                                                    
Renumber the following paragraphs accordingly.                                                      
                                                                                                    
Page 1, lines 13 - 14:                                                                              
 Delete "and help offset carbon dioxide emissions from other                                        
sectors of the economy"                                                                             
                                                                                                    
Page 2, lines 4 - 6:                                                                                
 Delete all material.                                                                               

2004-05-11                     House Journal                      Page 4319
Page 3, lines 23 - 26:                                                                              
 Delete all material.                                                                               
                                                                                                    
Renumber the following paragraphs accordingly.                                                      
                                                                                                    
Page 4, lines 9 - 10:                                                                               
 Delete ", The Pew Charitable Trusts,"                                                              
                                                                                                    
CSHB 196(RES) is under Unfinished Business.                                                         
                                                                                                    
HB 233                                                                                            
A message dated May 11, 2004, was read stating the Senate has passed                                
CSHB 233(EDU) am with the following amendment and it is                                             
transmitted for consideration:                                                                      
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 233(FIN)                                                   
     "An Act increasing the base student allocation used in the formula                             
     for state funding of public education; and providing for an                                    
     effective date."                                                                               
                                                                                                    
CSHB 233(EDU) am is under Unfinished Business.                                                      
                                                                                                    
                                                                                                    
HB 275                                                                                            
A message dated May 11, 2004, was read stating the Senate has passed                                
CSHB 275(FIN) with the following amendment and it is transmitted                                    
for consideration:                                                                                  
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 275(JUD)                                                   
     "An Act relating to animals, and to the care of and to cruelty to                              
     animals."                                                                                      
                                                                                                    
CSHB 275(FIN) is under Unfinished Business.                                                         
                                                                                                    
                                                                                                    
HB 495                                                                                            
A message dated May 11, 2004, was read stating the Senate has passed                                
CSHB 495(FIN) with the following amendment and it is transmitted                                    
for consideration:                                                                                  
                                                                                                    

2004-05-11                     House Journal                      Page 4320
     SENATE CS FOR CS FOR HOUSE BILL NO. 495(FIN)                                                   
     "An Act allowing a joint action agency to encumber property                                    
     interests for security purposes; declaring certain joint action                                
     agencies to be political subdivisions for certain purposes;                                    
     restricting the sale of property of the joint action agency; allowing                          
     the joint action agency to transfer property to security interest                              
     holders under a security interest or to other parties without                                  
     legislative approval; and providing for an effective date."                                    
                                                                                                    
CSHB 495(FIN) is under Unfinished Business.                                                         
                                                                                                    
HB 503                                                                                            
A message dated May 11, 2004, was read stating the Senate has                                       
passed:                                                                                             
                                                                                                    
     HOUSE BILL NO. 503                                                                             
     "An Act relating to the tobacco product Master Settlement                                      
     Agreement; and providing for an effective date."                                               
                                                                                                    
with the following amendment and it is transmitted for consideration:                               
                                                                                                    
     HOUSE BILL NO. 503 am S                                                                        
     "An Act relating to taxes on cigarettes and tobacco products, to                               
     tax stamps on cigarettes, to forfeiture of cigarettes and of property                          
     used in the manufacture, transportation, facilitation of                                       
     transportation, possession, offering for sale, or sale of unstamped                            
     cigarettes, to unfair cigarette sales, and to licenses and licensees                           
     under the Cigarette Tax Act; the tobacco product Master                                        
     Settlement Agreement; and providing for an effective date."                                    
                                                                                                    
 (SCR 32 - title change resolution)                                                                 
                                                                                                    
The message further stated that under Rule 43(b) of the Uniform Rules                               
engrossment had been waived and the following certified amendment                                   
was attached:                                                                                       
                                                                                                    
Page 1, line 1, following "relating to":                                                          
 Insert "taxes on cigarettes and tobacco products, to tax stamps                                  
on cigarettes, to forfeiture of cigarettes and of property used in the                            
manufacture, transportation, facilitation of transportation,                                      

2004-05-11                     House Journal                      Page 4321
possession, offering for sale, or sale of unstamped cigarettes, to                                
unfair cigarette sales, and to licenses and licensees under the                                   
Cigarette Tax Act;"                                                                               
Page 1, line 3:                                                                                     
 Insert new bill sections to read:                                                                  
   "* Section 1.  AS 43.50.030(d) is amended to read:                                             
         (d)  For each license issued to a direct-buying retailer, and for                          
     each renewal, the fee is $50 [$25].                                                        
   * Sec. 2.  AS 43.50.035 is repealed and reenacted to read:                                     
         Sec. 43.50.035.  Wholesaler-distributor license.  (a)  A                                 
     person outside of this state who sells or distributes cigarettes into                          
     this state and is not required to be licensed under AS 43.50.010                               
     may apply for a wholesaler-distributor license.                                                
         (b)  A person outside of this state who sells or distributes                               
     cigarettes into this state, who is not required to be licensed under                           
     AS 43.50.010, and who wishes to purchase stamps under this                                     
     chapter shall be licensed as a wholesaler-distributor.                                         
         (c)  The department shall adopt reasonable regulations                                     
     necessary for the collection of cigarette taxes on cigarette sales or                          
     distributions made by a wholesaler-distributor licensee into this                              
     state and standards for                                                                        
              (1)  application and issuance of the license; and                                     
              (2)  refusal to issue the license.                                                    
   * Sec. 3.  AS 43.50.090(a) is amended to read:                                                 
         (a)  There is levied an excise tax of 38 mills on each cigarette                           
     imported or acquired in the state. The tax shall be paid through the                           
     use of stamps as provided in AS 43.50.500 - 43.50.700.  A person                           
     who imports or acquires cigarettes in the state upon which a                               
     stamp required by this chapter has not been affixed in                                     
     accordance with AS 43.50.500 - 43.50.700, who fails to apply to                            
     purchase stamps as required by AS 43.50.540(a), and who fails                              
     to pay the tax through the use of stamps is not relieved [THE                              
     FAILURE TO PAY THE TAX THROUGH THE USE OF                                                      
     STAMPS DOES NOT RELIEVE A PERSON] of the obligation                                            
     to pay taxes due under this chapter.  The person shall still pay the                           
     tax, and the tax is due on or before the end of the month following                            
     the month in which cigarettes were manufactured, imported,                                     
     acquired, or sold in this state.  Cigarettes upon which the excise is                          
     imposed are not again subject to the excise when acquired by                                   
     another person.                                                                                

2004-05-11                     House Journal                      Page 4322
   * Sec. 4.  AS 43.50.170(1) is amended to read:                                                 
              (1)  "buyer" means a person who imports or acquires                                   
     cigarettes for the person's own consumption from any source other                              
     than a manufacturer, distributor, direct-buying retailer, [OR]                                 
     retailer, or wholesaler-distributor;                                                       
   * Sec. 5.  AS 43.50.170(3) is amended to read:                                                 
              (3)  "direct-buying retailer" means a person who is                                   
     engaged in the sale of cigarettes at retail in this state, and who                             
     brings cigarettes or causes cigarettes to be brought                                   
     [CIGARETTES] into the state that are not purchased from a                                  
     wholesaler-distributor;                                                                    
   * Sec. 6.  AS 43.50.170(4) is amended to read:                                                 
              (4)  "distributor" means a person who brings cigarettes                               
     that are not purchased from a wholesaler-distributor, or has                               
     cigarettes that are not purchased from a wholesaler-distributor                            
     brought into the state, and who sells or distributes at least 75                               
     percent [PER CENT] of the cigarettes to others for resale in the                           
     state;                                                                                         
   * Sec. 7.  AS 43.50.170(12) is amended to read:                                                
              (12)  "wholesaler-distributor" means a person outside this                            
     state who sells or distributes cigarettes into this state, [AND] who                       
     is not required to be licensed under AS 43.50.010, and who is                              
     licensed under AS 43.50.035.                                                               
   * Sec. 8.  AS 43.50.190(a) is amended to read:                                                 
         (a)  There is levied an excise tax of 62 [12] mills on each                            
     cigarette imported or acquired in this state.                                                  
   * Sec. 9.  AS 43.50.300 is amended to read:                                                    
         Sec. 43.50.300.  Excise tax levied.  An excise tax is levied on                          
     tobacco products in the state at the rate of 100 [75] percent of the                       
     wholesale price of the tobacco products. The tax is levied when a                              
     person                                                                                         
              (1)  brings, or causes to be brought, a tobacco product                               
     into the state from outside the state for sale;                                                
              (2)  makes, manufactures, or fabricates a tobacco product                             
     in the state for sale in the state; [OR]                                                       
              (3)  ships or transports a tobacco product to a retailer in                           
     the state for sale by the retailer or to an individual for personal                        
     consumption; or                                                                            
              (4)  brings, or causes to be brought, a tobacco product                           
     into the state from outside the state for personal consumption.                            

2004-05-11                     House Journal                      Page 4323
   * Sec. 10.  AS 43.50.320(a) is repealed and reenacted to read:                                 
         (a)  Except as provided in (g) of this section, a person                                   
     engaging in an activity described in AS 43.50.300(1) - (3) must be                             
     licensed by the department as a distributor, and a person engaging                             
     in an activity described in AS 43.50.300(4) must be licensed as a                              
     buyer.                                                                                         
   * Sec. 11.  AS 43.50.320(b) is amended to read:                                                
         (b)  The department, upon application and payment of a fee of                              
     $50, shall issue a license for one year to a person who applies for a                          
     distributor license [UNDER (a) OF THIS SECTION].  The                                  
     department, upon application and payment of a fee of $25,                                  
     shall issue a license for one year to a person who applies for a                           
     buyer license.                                                                             
   * Sec. 12.  AS 43.50.320(d) is amended to read:                                                
         (d)  A distributor license issued under this section must                              
     include the name and address of the licensee, the type of business                             
       to be conducted, and the year for which the license is issued.                              
   * Sec. 13.  AS 43.50.320(e) is amended to read:                                                
         (e)  The department may renew a distributor license issued                             
     under this section for a fee of $50.  The department may renew                             
     a buyer license issued under this section for a fee of $25.                                
   * Sec. 14.  AS 43.50.330(a) is amended to read:                                                
         (a)  On or before the last day of each calendar month, a                                   
     licensee shall file a return with the department. The return must                              
     state the number or amount of tobacco products sold or imported                            
     for personal consumption by the licensee during the preceding                              
     calendar month, the selling price or purchase price of the tobacco                         
     products, and the amount of tax imposed on the tobacco products.                               
   * Sec. 15.  AS 43.50.390(2) is amended to read:                                                
              (2)  "licensee" means a distributor or buyer who is                               
                    (A)  licensed under AS 43.50.320; or                                           
                   (B)  exempted by AS 43.50.320(g) from licensing                                  
         under AS 43.50.320;                                                                        
   * Sec. 16.  AS 43.50.390 is amended by adding a new paragraph to                               
read:                                                                                               
              (6)  "buyer" means a person who imports tobacco                                       
     products for the person's own consumption from any source other                                
     than a licensee.                                                                               
   * Sec. 17.  AS 43.50.540(f) is amended to read:                                                
         (f)  Title to the stamps passes immediately to the licensee at                             

2004-05-11                     House Journal                      Page 4324
     the time the stamps are obtained in person or, if the stamps are                               
     shipped or transported, at the time the stamps are placed in the                               
     United States mail or received by the common or private carrier.                               
     The licensee bears all costs associated with shipping or                                       
     transporting the stamps.  The department may replace stamps                                
     lost or damaged in transit if the licensee provides proof                                  
     acceptable to the department verifying that the loss or damage                             
     occurred while the stamps were in the possession of the                                    
     shipping company and the shipping company substantiates the                                
     loss or damage.  Damaged stamps must be returned to the                                    
     department before the department may replace them [AND                                     
     ALL RISKS OF POSSIBLE LOSS OR DAMAGE WHILE IN                                                  
     TRANSIT].                                                                                      
   * Sec. 18.  AS 43.50.550(b) is amended to read:                                                
         (b)  A licensee who submits an application for the purchase of                             
     stamps on a deferred-payment basis shall, as a condition of                                
     approval of the application, post a bond acceptable to the                                 
     department in an amount equal to                                                               
              (1)  200 percent of the maximum dollar amount of                                  
     allowed monthly purchases under this section; or                                           
              (2)  100 percent of the maximum dollar amount of                                  
        allowed monthly purchases under this section if the licensee                           
                   (A)  holds a license issued under AS 43.50.010 for                           
         a physical location in this state; and                                                 
                   (B)  has been in full compliance with the                                    
         provisions of this title and regulations adopted under this                            
         title during the preceding 60 months [AS A CONDITION                                   
         OF APPROVAL OF THE APPLICATION].                                                           
   * Sec. 19.  AS 43.50.580(b) is amended to read:                                                
         (b)  A licensee may possess unstamped cigarettes in this state                             
     if                                                                                             
              (1)  the licensee posts a surety bond in an amount                                    
     satisfactory to the department to ensure performance of its duties                             
     under this chapter; and                                                                        
              (2)  unstamped cigarettes are necessary for the conduct of                            
     the licensee's business in making sales or distributions                                       
                   (A)  to an instrumentality of the federal government                         
         or an Indian tribal organization authorized by law to possess                              
         cigarettes not taxed under this chapter; or                                            
                   (B)  to customers outside the state and the licensee                         

2004-05-11                     House Journal                      Page 4325
         provides proof acceptable to the department that the                                   
         licensee is properly licensed in the jurisdictions outside the                         
         state where the sales or distributions are made.                                       
   * Sec. 20.  AS 43.50.590(a) is amended to read:                                                
         (a)  The department shall adopt procedures for a refund or                                 
     credit to a licensee in the amount of the denominated value, less                              
     the discount given under AS 43.50.540, for                                                     
              (1)  unused or damaged stamps; [OR]                                                   
              (2)  stamps affixed to cigarette packages that have                                   
     become unfit for use or sale, are destroyed, or are returned to the                            
     manufacturer for credit or replacement if the licensee provides                                
     proof acceptable to the department that the cigarettes have not                                
     been and will not be consumed in this state; or                                            
              (3)  stamps affixed to cigarette packages that are sold                           
     or distributed outside the state if the licensee provides proof                            
     acceptable to the department that the cigarettes have not been                             
     and will not be consumed in this state and the licensee is                                 
     properly licensed in the jurisdictions outside the state where                             
     the sales or distributions are made.                                                       
   * Sec. 21.  AS 43.50 is amended by adding a new section to read:                               
         Sec. 43.50.625.  Forfeiture of other property.  (a)  Upon a                              
     showing of probable cause that a person has committed the crime                                
     of misconduct involving unstamped cigarettes or stamps in the                                  
     first degree under AS 43.50.640, the following are subject to                                  
     forfeiture:                                                                                    
              (1)  material and equipment used in the manufacture, sale,                            
     offering for sale, or possession for sale of cigarettes in this state in                       
      violation of AS 43.50.500 - 43.50.640 or 43.50.660 - 43.50.700;                              
              (2)  aircraft, vehicles, or vessels used to transport or                              
     facilitate the transportation of cigarettes manufactured, sold,                                
     offered for sale, or possessed for sale in this state in violation of                          
     AS 43.50.500 - 43.50.640 or 43.50.660 - 43.50.700;                                             
              (3)  money, securities, negotiable instruments, or other                              
     things of value used in financial transactions derived from activity                           
     prohibited under AS 43.50.500 - 43.50.640 or 43.50.660 -                                       
     43.50.700.                                                                                     
         (b)  Property subject to forfeiture under this section may be                              
     actually or constructively seized under an order issued by the                                 
     superior court upon a showing of probable cause that the property                              
     is subject to forfeiture under this section.  Constructive seizure is                          

2004-05-11                     House Journal                      Page 4326
     effected upon posting a signed notice of seizure on the item to be                             
     forfeited, stating the violation and the date and place of seizure.                            
     Seizure without a court order may be made if                                                   
              (1)  the seizure is incident to a valid arrest or search;                             
              (2)  the property subject to seizure is the subject of a prior                        
     judgment in favor of the state; or                                                             
              (3)  there is probable cause to believe that the property is                          
     subject to forfeiture under (a) of this section; property seized                               
     under this paragraph may be held for not more than 48 hours                                    
     unless an order of forfeiture is issued by the court before the end                            
     of that time period.                                                                           
         (c)  Within 30 days after a seizure under this section, the                                
     Department of Public Safety shall make reasonable efforts to                                   
     ascertain the identity and whereabouts of any person holding an                                
     interest, or an assignee of a person holding an interest, in the                               
     property seized, including a right to possession, or a lien,                                   
     mortgage, or conditional sales contract.  The Department of Public                             
     Safety shall notify the person ascertained to have an interest in the                          
     seized property of the impending forfeiture, and, before forfeiture,                           
     the Department of Public Safety shall publish, once a week for                                 
     four consecutive calendar weeks, a notice of the impending                                     
     forfeiture in a newspaper of general circulation in the judicial                               
     district in which the seizure was made, or if a newspaper is not                               
     published in that judicial district, in a newspaper published in the                           
     state and distributed in that judicial district.                                               
         (d)  Property subject to forfeiture under (a) of this section may                          
     be forfeited                                                                                   
              (1)  upon conviction of a person for a violation of                                   
     AS 43.50.640; or                                                                               
              (2)  upon judgment by the superior court in a proceeding                              
     in rem that the property was used in a manner subjecting it to                                 
     forfeiture under (a) of this section.                                                          
         (e)  The owner of property subject to forfeiture under (a) of                              
     this section is entitled to relief from the forfeiture in the nature of                        
     remission of the forfeiture if, in an action under (d) of this section,                        
     the owner shows that the owner                                                                 
              (1)  was not a party to the violation;                                                
              (2)  did not have actual knowledge or reasonable cause to                             
     believe that the property was used or was to be used in violation                              
     of the law; and                                                                                

2004-05-11                     House Journal                      Page 4327
              (3)  did not have actual knowledge or reasonable cause to                             
     believe that the person committing the violation had, within the                               
     last 10 years,                                                                                 
                   (A)  a criminal record for violating this chapter; or                            
                   (B)  committed other violations of this chapter.                                 
         (f)  The court may allow the owner of property that is subject                             
     to forfeiture under (a) of this section to redeem the property by                              
     paying an amount determined by the court to be the fair market                                 
     value of the property.                                                                         
         (g)  A person other than the owner holding, or the assignee of,                            
     a lien, mortgage, or conditional sales contract on, or the right to                            
     possession of property subject to forfeiture under (a) of this                                 
     section is entitled to relief from the forfeiture in the nature of                             
     remission of the forfeiture if, in an action under (d) of this section,                        
     the person shows that the person                                                               
              (1)  was not a party to the violation subjecting the                                  
     property to forfeiture;                                                                        
              (2)  did not have actual knowledge or reasonable cause to                             
     believe that the property was used or was to be used in violation                              
     of the law; and                                                                                
              (3)  did not have actual knowledge or reasonable cause to                             
     believe that the person committing the violation had, within the                               
     last 10 years,                                                                                 
                   (A)  a criminal record for violating this chapter; or                            
                   (B)  committed other violations of this chapter.                                 
         (h)  It is not a defense in an in rem forfeiture proceeding                                
     brought under (d)(2) of this section that a criminal proceeding is                             
     pending or has resulted in conviction or acquittal of a person                                 
     charged with violating AS 43.50.640.                                                           
         (i)  Property forfeited under this section shall be placed in the                          
     custody of the commissioner of public safety for disposition                                   
     according to an order entered by the court.  The court shall order                             
     destroyed any property forfeited under this section that is harmful                            
     to the public and may order any property forfeited under this                                  
     section that was seized in a municipality to be transferred to the                             
     municipality in which the property was seized or to another                                    
     municipality affected by the crime for which the property was                                  
     forfeited.  The state shall notify all municipalities affected by the                          
     crime of the forfeiture proceeding.  Other property shall be                                   
     ordered sold and the proceeds used for payment of expenses of the                              

2004-05-11                     House Journal                      Page 4328
     proceedings for forfeiture and sale, including expenses of seizure,                            
     custody, and court costs.  The remainder of the proceeds shall be                              
     deposited in the general fund.                                                                 
         (j)  The title to a vehicle or vessel forfeited to the state under                         
     this section may be transferred by the state to a municipality or the                          
     local governing body of a village for official use by the                                      
     municipality or village, on condition that the vehicle or vessel not                           
     be available for use by the defendant.                                                         
   * Sec. 22.  AS 43.50.640(a) is amended to read:                                                
         (a)  A person commits the crime of misconduct involving                                    
      unstamped cigarettes or stamps in the first degree if the person                             
              (1)  with reckless disregard that the cigarettes are                                  
     unstamped                                                                                      
                   (A)  sells or distributes 5,000  [1,000] or more                             
         unstamped cigarettes in a single transaction;                                              
                   (B)  owns or possesses 5,000 [1,000] or more                                 
         unstamped cigarettes with the intent to sell; or                                           
                   (C)  acquires, holds, transports, imports, or possesses                          
         10,000 or more unstamped cigarettes; or                                                    
              (2)  with reckless disregard that the stamp was previously                            
     affixed to another cigarette package[;]                                                        
                   (A)  affixes a previously used stamp to a cigarette                              
         package; or                                                                                
                   (B)  possesses, sells, or distributes a previously used                          
         stamp.                                                                                     
   * Sec. 23.  AS 43.50.650(a) is amended to read:                                                
         (a)  A person commits the crime of misconduct involving                                    
     unstamped cigarettes or stamps in the second degree if the person                              
              (1)  with reckless disregard that the cigarettes are                                  
     unstamped                                                                                      
                   (A)  sells or distributes at least one but fewer than                            
         5,000 [1,000] unstamped cigarettes in a single transaction;                            
                   (B)  owns or possesses at least one but fewer than                               
         5,000 [1,000] unstamped cigarettes, with intent to sell; or                            
                   (C)  acquires, holds, transports, imports, or possesses                          
         at least one but fewer than 10,000 unstamped cigarettes; or                                
              (2)  is not licensed under this chapter or otherwise                                  
     authorized by the department to possess stamps and possesses a                                 
     stamp that is not affixed to a cigarette package.                                              
   * Sec. 24.  AS 43.50.710 is amended by adding a new subsection to                              

2004-05-11                     House Journal                      Page 4329
read:                                                                                               
         (e)  Nothing in this section prohibits a manufacturer from                                 
     offering promotions to a wholesaler or a retailer provided the                                 
     wholesale promotion is the same for all participating wholesalers                              
     and the retail promotion is the same for all participating retailers.                          
   * Sec. 25.  AS 43.50.720 is amended to read:                                                   
         Sec. 43.50.720.  Sale at less than cost; with gift or                                    
     concession. In all advertisements, offers for sale, or sales                                 
     involving two or more items when at least one of the items is                                  
     cigarettes at a combined price, and in all advertisements, offers for                          
     sale, or sales involving the giving of any gift, concession, or                                
     coupon of any kind in conjunction with the sale of cigarettes, the                             
     wholesaler's or retailer's combined selling price may not be below                             
     the actual cost to the wholesaler or the actual cost to the retailer,                          
     respectively, of the total of all articles, products, commodities,                             
     gifts, and concessions included in the transactions, except that, if                           
     any articles, products, commodities, gifts, or concessions are not                             
     cigarettes, the actual [BASIC] cost shall be determined as                                 
     provided under AS 43.50.800.                                                                   
   * Sec. 26.  AS 43.50.760(b) is amended to read:                                                
         (b)  The presumptive actual [WHOLESALE AND                                             
     PRESUMPTIVE RETAIL] cost of cigarettes as determined by the                                    
     department under AS 43.50.800 [FROM THE                                                    
     MANUFACTURER'S PRICE LIST] is considered competent                                             
     evidence in a court action or proceeding as tending to prove actual                            
     cost to the wholesaler or retailer complained against.  A party                                
     against whom the presumptive actual [WHOLESALE OR                                          
     PRESUMPTIVE RETAIL] cost as determined by the department                                       
     is introduced in evidence has the right to offer evidence tending to                           
     prove any inaccuracy of the presumptive actual [WHOLESALE                                  
     OR PRESUMPTIVE RETAIL] cost or any statement of facts that                                     
     would impair its probative value.                                                              
   * Sec. 27.  AS 43.50.770 is amended to read:                                                   
         Sec. 43.50.770.  Determination of cost of cigarettes                                     
     purchased outside of ordinary channels of trade.  In                                         
     establishing the actual [BASIC] cost of cigarettes to a wholesaler                         
     or retailer, the invoice cost [OR THE ACTUAL COST] of                                          
     cigarettes purchased at a forced, bankrupt, or closeout sale, or                               
     other sale outside the ordinary channels of trade may not be used.                             
   * Sec. 28.  AS 43.50.790(a) is amended to read:                                                

2004-05-11                     House Journal                      Page 4330
         (a)  The department                                                                        
              (1)  shall administer AS 43.50.710 - 43.50.849;                                      
              (2)  may adopt regulations relating to the administration                             
     and enforcement of AS 43.50.710 - 43.50.849;                                                   
              (3)  may determine the actual [BASIC] cost of cigarettes                          
     to a wholesaler or retailer as provided in AS 43.50.800 [FROM                              
                 INFORMATION OBTAINED FROM A MANUFACTURER];                                        
              (4)  may, after reasonable notice and hearing, revoke or                              
     suspend a license issued under AS 43.50.010 or 43.50.035 to a                                  
     person who refuses or neglects to comply with a provision of                                   
     AS 43.50.710 - 43.50.849.                                                                      
   * Sec. 29.  AS 43.50.800 is repealed and reenacted to read:                                    
         Sec. 43.50.800.  Presumptions applicable to determination                                
     of cost.  (a)  The presumptive actual cost of cigarettes to a                                
     wholesaler is, for purposes of AS 43.50.710 - 43.50.849, the                                   
     presumptive wholesale cost as calculated by the department plus                                
     an amount equal to four and one-half percent of the presumptive                                
     wholesale cost to account for business costs.  For purposes of this                            
     section, the presumptive wholesale cost is the manufacturer's list                             
     price, less trade discounts, plus the full face value of all cigarette                         
     taxes.                                                                                         
         (b)  The presumptive actual cost of cigarettes to a retailer is,                           
     for purposes of AS 43.50.710 - 43.50.849, the presumptive actual                               
     cost of cigarettes to the wholesaler as calculated by the department                           
     under (a) of this section, plus an amount equal to six percent of the                          
     presumptive actual cost of cigarettes to the wholesaler to account                             
     for business costs.                                                                            
         (c)  A wholesaler or retailer that wishes to advertise, offer to                           
     sell, or sell cigarettes at less than the presumptive actual cost to                           
     the wholesaler or retailer as calculated under (a) or (b) of this                              
     section must first obtain approval from the department.  The                                   
     department may grant approval only if the wholesaler or retailer                               
     provides proof satisfactory to the department that the wholesaler                              
     or retailer's actual cost is lower than presumed.  Approval for                                
     cigarette sales at less than the presumptive actual cost as                                    
     determined under (a) or (b) of this section may not be granted for                             
     a period longer than one year.  In reviewing proof of actual                                   
     wholesale or retail cost, the department may consider the costs                                
     reflected on the actual invoice, but may not consider cash                                     
     discounts.  In reviewing proof of actual costs, the department may                             

2004-05-11                     House Journal                      Page 4331
     consider the standards and methods of accounting regularly                                     
     employed, and must include labor costs, rent, depreciation, selling                            
     costs, maintenance of equipment, delivery costs, all types of                                  
     licenses, taxes, insurance, advertising, preopening expenses,                                  
     provision for impaired assets and closing costs, interest expenses,                            
     and provision for merger and restructuring expenses.  The                                      
     department shall adopt regulations under which the wholesaler's                                
     and retailer's actual costs are determined for purposes of                                     
     AS 43.50.710 - 43.50.849."                                                                     
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 3, following line 22:                                                                          
 Insert new bill sections to read:                                                                  
   "* Sec. 33.  The uncodified law of the State of Alaska enacted in sec.                         
4, ch. 48, SLA 1997, is repealed and reenacted to read:                                             
Sec. 4.  AS 43.50.190(a) is repealed and reenacted to read:                                         
         (a)  There is levied an excise tax of 97.5 mills on each                                   
     cigarette imported or acquired in this state.                                                  
   * Sec. 34.  AS 43.50.740(b), 43.50.849(1), 43.50.849(6), and                                   
43.50.849(7) are repealed."                                                                         
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 3, line 25:                                                                                    
 Delete "Section 2"                                                                                 
 Insert "Section 31"                                                                                
                                                                                                    
Page 3, line 26:                                                                                    
 Delete "sec. 1"                                                                                    
 Insert "sec. 30"                                                                                   
                                                                                                    
Page 3, line 28:                                                                                    
 Delete "Section 3"                                                                                 
 Insert "Section 32"                                                                                
 Delete "sec. 1"                                                                                    
 Insert "sec. 30"                                                                                   
                                                                                                    
Page 3, line 29:                                                                                    
 Delete "sec. 2"                                                                                    
 Insert "sec. 31"                                                                                   

2004-05-11                     House Journal                      Page 4332
Page 3, line 30:                                                                                    
 Delete all material.                                                                               
 Insert a new bill section to read:                                                                 
   "* Sec. 36.  The uncodified law of the State of Alaska is amended by                           
adding a new section to read:                                                                       
 TRANSITION:  FLOOR STOCK TAX FOR CERTAIN                                                           
CIGARETTES IN THE STATE ON THE EFFECTIVE DATE OF                                                    
THIS SECTION.  (a)  Notwithstanding any other provision to the                                      
contrary, a floor stock tax is imposed at 12:01 a.m. on the effective                               
date of this section upon every person in control or possession of                                  
cigarettes for sale or distribution in the state that were taxed at the rate                        
in effect before the effective date of this section.  The floor stock tax is                        
the difference between the tax computed on each cigarette as provided                               
in AS 43.50.190, as amended by sec. 8 of this Act, on the effective                                 
date of this section and the tax actually paid on each cigarette as                                 
required by AS 43.50.190 as it read on the day before the effective                                 
date of this section.  The person subject to the floor stock tax under                              
this section must provide proof that the tax required by AS 43.50.190,                              
as it read on the day before the effective date of this section, on each                            
cigarette was previously paid or the tax actually paid on each cigarette                            
is considered to be zero.                                                                           
 (b)  A person subject to the floor stock tax under this section shall                              
file a report on a form prescribed by the Department of Revenue and                                 
pay the tax to the Department of Revenue in six sequential monthly                                  
installments.  The first installment shall be paid not later than the last                          
day of the month in which this section takes effect.  The penalty,                                  
interest, and taxpayer remedy provisions of AS 43.05 apply to the                                   
floor stock tax under this section."                                                                
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 3, line 31:                                                                                    
 Delete "sec. 2"                                                                                    
 Insert "sec. 31"                                                                                   
 Delete "sec. 4(a)"                                                                                 
 Insert "sec. 35(a)"                                                                                
                                                                                                    
Page 4, line 2:                                                                                     
 Delete "sec. 1"                                                                                    
 Insert "sec. 30"                                                                                   

2004-05-11                     House Journal                      Page 4333
Page 4, line 3:                                                                                     
 Delete "sec. 3"                                                                                    
 Insert "sec. 32"                                                                                   
 Delete "sec. 4(b)"                                                                                 
 Insert "sec. 35(b)"                                                                                
                                                                                                    
Page 4, line 5:                                                                                     
 Delete "sec. 2"                                                                                    
 Insert "sec. 31"                                                                                   
                                                                                                    
Page 4, following line 5:                                                                           
 Insert a new bill section to read:                                                                 
   "* Sec. 39.  Except as provided in secs. 37 and 38 of this Act, this                           
Act takes effect July 1, 2004. "                                                                    
                                                                                                    
HB 503 is under Unfinished Business.                                                                
                                                                                                    
                                                                                                    
HB 549                                                                                            
A message dated May 11, 2004, was read stating the Senate has passed                                
CSHB 549(JUD) am with the following amendment and it is                                             
transmitted for consideration:                                                                      
                                                                                                    
             SENATE CS FOR CS FOR HOUSE BILL NO. 549(JUD) am S                                     
     "An Act relating to unsolicited communications following an                                    
     aircraft accident."                                                                            
                                                                                                    
                                                                                                    
The message further stated that under Rule 43(b) of the Uniform Rules                               
engrossment had been waived and the following certified amendment                                   
was attached:                                                                                       
                                                                                                    
Page 2, lines 8 - 12:                                                                               
 Delete all material and insert:                                                                    
         "(d) The attorney general or an aggrieved person may institute                             
     a civil action against a person who violates this section.  In                                 
     addition to injunctive and compensatory relief, a civil penalty not                            
     to exceed $10,000 may be imposed for each violation."                                          
                                                                                                    
CSHB 549(JUD) am is under Unfinished Business.                                                      
                                                                                                    

2004-05-11                     House Journal                      Page 4334
A message dated May 11, 2004, was read stating the Senate has passed                                
the following and it is transmitted for consideration:                                              
                                                                                                    
                        FIRST READING AND REFERENCE                                              
                           OF SENATE RESOLUTIONS                                                 
                                                                                                    
SCR 32                                                                                            
SENATE CONCURRENT RESOLUTION NO. 32 by the Senate                                                   
Finance Committee:                                                                                  
                                                                                                    
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                 
     the Alaska State Legislature, concerning House Bill No. 503,                                   
        relating to the tobacco product Master Settlement Agreement.                               
                                                                                                    
was read the first time.                                                                            
                                                                                                    
                        CONCUR IN SENATE AMENDMENTS                                              
                                                                                                    
HB 275                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4319) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 275(FIN)                                                                 
     "An Act relating to animals, and to the care of and to cruelty to                              
     animals."                                                                                      
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 275(JUD)                                                   
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHB 275(FIN), thus adopting SCS CSHB 275(JUD),                                        
and recommended that the members vote yes.                                                          
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 275(FIN)?"  The roll was taken with the                                           
following result:                                                                                   

2004-05-11                     House Journal                      Page 4335
                                                                                                    
SCS CSHB 275(JUD)                                                                                   
Concur                                                                                              
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                   
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                           
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Excused:  Moses                                                                                     
                                                                                                    
Absent:  Hawker                                                                                     
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 275(JUD).                                                                                  
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
                                                                                                    
SCS CSHB 275(JUD) was referred to the Chief Clerk for enrollment.                                   
                                                                                                    
                                                                                                    
HB 233                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4319) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 233(EDU) am                                                              
     "An Act increasing the base student allocation used in the formula                             
     for state funding of public education; and providing for an                                    
     effective date."                                                                               
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 233(FIN)                                                   
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    

2004-05-11                     House Journal                      Page 4336
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHB 233(EDU) am, thus adopting SCS CSHB                                               
233(FIN), and recommended that the members vote yes.                                                
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 233(EDU) am?"  The roll was taken with the                                        
following result:                                                                                   
                                                                                                    
SCS CSHB 233(FIN)                                                                                   
Concur                                                                                              
                                                                                                    
YEAS:  29   NAYS:  9   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Heinze, Holm, Joule, Kapsner, Kohring, Kott, Lynn, Masek,                                   
McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                             
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Kerttula, Kookesh                                                                       
                                                                                                    
Excused:  Moses                                                                                     
                                                                                                    
Absent:  Hawker                                                                                     
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 233(FIN).                                                                                  
                                                                                                    
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.                                
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
                                                                                                    
SCS CSHB 233(FIN) was referred to the Chief Clerk for enrollment.                                   
                                                                                                    
                                                                                                    
HB 196                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4318) on the following at                                   
this time:                                                                                          
                                                                                                    

2004-05-11                     House Journal                      Page 4337
     CS FOR HOUSE BILL NO. 196(RES)                                                                 
     "An Act relating to carbon sequestration; and providing for an                                 
     effective date."                                                                               
                                                                                                    
and                                                                                                 
                                                                                                    
             SENATE CS FOR CS FOR HOUSE BILL NO. 196(RES) am S                                     
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
The Speaker stated the question being:  "Shall the House concur in the                              
Senate amendment to CSHB 196(RES)?"  The roll was taken with the                                    
following result:                                                                                   
                                                                                                    
SCS CSHB 196(RES) am S                                                                              
Concur                                                                                              
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring,                                    
Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg,                                            
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Excused:  Moses                                                                                     
                                                                                                    
Absent:  Rokeberg                                                                                   
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 196(RES) am S.                                                                             
                                                                                                    
                                                                                                    
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.                                
                                                                                                    
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    

2004-05-11                     House Journal                      Page 4338
SCS CSHB 196(RES) am S was referred to the Chief Clerk for                                          
enrollment.                                                                                         
                                                                                                    
                                                                                                    
HB 495                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4319) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 495(FIN)                                                                 
     "An Act allowing a joint action agency to encumber property                                    
     interests for security purposes; declaring certain joint action                                
     agencies to be political subdivisions for certain purposes;                                    
     restricting the sale of property of the joint action agency; allowing                          
     the joint action agency to transfer property to security interest                              
     holders under a security interest or to other parties without                                  
     legislative approval; and providing for an effective date."                                    
                                                                                                    
and                                                                                                 
                                                                                                    
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 495(FIN)                                                   
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHB 495(FIN), thus adopting SCS CSHB 495(FIN),                                        
and recommended that the members vote yes.                                                          
                                                                                                    
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 495(FIN)?"  The roll was taken with the                                           
following result:                                                                                   
                                                                                                    
SCS CSHB 495(FIN)                                                                                   
Concur                                                                                              
                                                                                                    
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    

2004-05-11                     House Journal                      Page 4339
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring,                                    
Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg,                                            
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    
Excused:  Moses                                                                                     
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 495(FIN).                                                                                  
                                                                                                    
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.                                
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
SCS CSHB 495(FIN) was referred to the Chief Clerk for enrollment.                                   
                                                                                                    
                                                                                                    
HB 549                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4333) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 549(JUD) am                                                              
     "An Act relating to unsolicited communications following an                                    
     aircraft accident."                                                                            
                                                                                                    
and                                                                                                 
                                                                                                    
             SENATE CS FOR CS FOR HOUSE BILL NO. 549(JUD) am S                                     
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHB 549(JUD) am, thus adopting SCS CSHB                                               
549(JUD) am S, and recommended that the members vote yes.                                           
                                                                                                    

2004-05-11                     House Journal                      Page 4340
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 549(JUD) am?"  The roll was taken with the                                        
following result:                                                                                   
                                                                                                    
SCS CSHB 549(JUD) am S                                                                              
Concur                                                                                              
                                                                                                    
YEAS:  38   NAYS:  1   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kookesh,                                    
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                           
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Nays:  Kohring                                                                                      
                                                                                                    
Excused:  Moses                                                                                     
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 549(JUD) am S.                                                                             
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
SCS CSHB 549(JUD) am S was referred to the Chief Clerk for                                          
enrollment.                                                                                         
                                                                                                    
The Speaker stated that, without objection, the House would revert to:                              
                                                                                                    
                                                                                                    
                          MESSAGES FROM THE SENATE                                               
                                                                                                    
HCR 32                                                                                            
A message dated May 11, 2004, was read stating the Senate has passed                                
CSHCR 32(EDT) am with the following amendment and it is                                             
transmitted for consideration:                                                                      
                                                                                                    
     SENATE CS FOR CS FOR HOUSE CONCURRENT                                                          
     RESOLUTION NO. 32(FIN)                                                                         
     Relating to information infrastructure and establishing the Alaska                             
     Information Infrastructure Policy Task Force.                                                  
                                                                                                    

2004-05-11                     House Journal                      Page 4341
CSHCR 32(EDT) am is under Unfinished Business.                                                      
                                                                                                    
HCR 39                                                                                            
A message dated May 11, 2004, was read stating the Senate has                                       
passed:                                                                                             
                                                                                                    
     CS FOR HOUSE CONCURRENT RESOLUTION NO. 39(RLS)                                                 
     am                                                                                             
     Establishing the Alaska Royalty and Revenue Committee.                                         
                                                                                                    
with the following amendment and it is transmitted for consideration:                               
                                                                                                    
     SENATE CS FOR CS FOR HOUSE CONCURRENT                                                          
     RESOLUTION NO. 39(RES)                                                                         
     Requesting a study and report on the competitiveness of the state's                            
     oil and gas tax and royalty structure.                                                         
                                                                                                    
     (pending title change resolution)                                                              
                                                                                                    
CSHCR 39(RLS) am is under Unfinished Business.                                                      
                                                                                                    
                                                                                                    
HJR 36                                                                                            
A message dated May 11, 2004, was read stating the Senate has passed                                
HJR 36 with the following amendment and it is transmitted for                                       
consideration:                                                                                      
                                                                                                    
     SENATE CS FOR HOUSE JOINT RESOLUTION NO. 36(RES)                                               
     Requesting the National Park Service to mitigate the adverse                                   
     economic effects of commercial fishing closures and restrictions                               
     in Glacier Bay National Park and Preserve.                                                     
                                                                                                    
                                                                                                    
                        CONCUR IN SENATE AMENDMENTS                                              
                                                                                                    
HJR 36                                                                                            
Representative Coghill moved and asked unanimous consent to                                         
consider the Senate message at this time.  There being no objection, it                             
was so ordered.                                                                                     
                                                                                                    

2004-05-11                     House Journal                      Page 4342
Representative Coghill moved that the House concur in the Senate                                    
amendment to HJR 36, thus adopting SCS HJR 36(RES), and                                             
recommended that the members vote yes.                                                              
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to HJR 36?"  The roll was taken with the following result:                                
                                                                                                    
SCS CSHJR 36(RES)                                                                                   
Concur                                                                                              
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring,                                    
Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg,                                            
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    
Excused:  Moses                                                                                     
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS HJR 36(RES).                                                                                    
                                                                                                    
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
                                                                                                    
SCS HJR 36(RES) was referred to the Chief Clerk for enrollment.                                     
                                                                                                    
                                                                                                    
HCR 39                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4341) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR HOUSE CONCURRENT RESOLUTION NO. 39(RLS)                                                 
     am                                                                                             
     Establishing the Alaska Royalty and Revenue Committee.                                         
                                                                                                    
and                                                                                                 
                                                                                                    

2004-05-11                     House Journal                      Page 4343
     SENATE CS FOR CS FOR HOUSE CONCURRENT                                                          
     RESOLUTION NO. 39(RES)                                                                         
     Requesting a study and report on the competitiveness of the state's                            
     oil and gas tax and royalty structure.                                                         
                                                                                                    
     (pending title change resolution)                                                              
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHCR 39(RLS) am, thus adopting SCS CSHCR                                              
39(RES), and recommended that the members vote yes.                                                 
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHCR 39(RLS) am?"  The roll was taken with the                                        
following result:                                                                                   
                                                                                                    
SCS CSHCR 39(RES)                                                                                   
Concur                                                                                              
                                                                                                    
YEAS:  19   NAYS:  20   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris,                                   
Hawker, Holm, Lynn, Masek, Meyer, Rokeberg, Samuels, Seaton,                                        
Stoltze, Weyhrauch, Williams, Wilson                                                                
                                                                                                    
Nays:  Anderson, Berkowitz, Cissna, Crawford, Croft, Gara,                                          
Gruenberg, Guttenberg, Heinze, Joule, Kapsner, Kerttula, Kohring,                                   
Kookesh, Kott, McGuire, Morgan, Ogg, Stepovich, Wolf                                                
                                                                                                    
Excused:  Moses                                                                                     
                                                                                                    
And so, the House failed to concur in the Senate amendment to                                       
CSHCR 39(RLS) am.                                                                                   
                                                                                                    
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
                                                                                                    
CSHCR 39(RLS) am was referred to the Chief Clerk for permanent                                      
filing.                                                                                             
                                                                                                    

2004-05-11                     House Journal                      Page 4344
HCR 32                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 4340) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR HOUSE CONCURRENT RESOLUTION NO. 32(EDT)                                                 
     am                                                                                             
     Relating to information infrastructure and establishing the Alaska                             
     Information Infrastructure Policy Task Force.                                                  
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE CONCURRENT                                                          
     RESOLUTION NO. 32(FIN)                                                                         
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHCR 32(EDT) am, thus adopting SCS CSHCR                                              
32(FIN), and recommended that the members vote yes.                                                 
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHCR 32(EDT) am?"  The roll was taken with the                                        
following result:                                                                                   
                                                                                                    
SCS CSHCR 32(FIN)                                                                                   
Concur                                                                                              
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring,                                    
Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg,                                            
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    
Excused:  Moses                                                                                     
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHCR 32(FIN).                                                                                  

2004-05-11                     House Journal                      Page 4345
The Chief Clerk notified the Senate.                                                                
                                                                                                    
SCS CSHCR 32(FIN) was referred to the Chief Clerk for enrollment.                                   
                                                                                                    
                                                                                                    
The Speaker stated that, without objection, the House would revert to:                              
                                                                                                    
                          MESSAGES FROM THE SENATE                                               
                                                                                                    
HB 405                                                                                            
A message dated May 11, 2004, was read stating the Senate has                                       
passed:                                                                                             
                                                                                                    
     CS FOR HOUSE BILL NO. 405(EDU)                                                                 
     "An Act relating to reports on school and school district                                      
     performance; and relating to accountability of public schools and                              
     school districts; and providing for an effective date."                                        
                                                                                                    
with the following amendment and it is transmitted for consideration:                               
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 405(HES)                                                   
     "An Act relating to reports on school and school district                                      
     performance; relating to accountability of public schools and                                  
     school districts; and providing for an effective date."                                        
                                                                                                    
 (technical title change)                                                                           
                                                                                                    
CSHB 405(EDU) is under Unfinished Business.                                                         
                                                                                                    
                        CONCUR IN SENATE AMENDMENTS                                              
                                                                                                    
HB 405                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message at this time  There being no                                      
objection, it was so ordered.                                                                       
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHB 405(EDU), thus adopting SCS CSHB 405(HES),                                        
and recommended that the members vote yes.                                                          
                                                                                                    

2004-05-11                     House Journal                      Page 4346
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 405(EDU)?"  The roll was taken with the                                           
following result:                                                                                   
                                                                                                    
SCS CSHB 405(HES)                                                                                   
Concur                                                                                              
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring,                                    
Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg,                                            
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    
                                                                                                    
                                                                                                    
Excused:  Moses                                                                                     
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 405(HES).                                                                                  
                                                                                                    
                                                                                                    
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.                                
                                                                                                    
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
                                                                                                    
SCS CSHB 405(HES) was referred to the Chief Clerk for enrollment.                                   
                                                                                                    
                                                                                                    
                            UNFINISHED BUSINESS                                                  
                                                                                                    
HB 375                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Conference Committee with limited powers of free                                 
conference report on the following, which is under Unfinished                                       
Business (page 4216), at this time:                                                                 
                                                                                                    

2004-05-11                     House Journal                      Page 4347
     CS FOR HOUSE BILL NO. 375(FIN) am                                                              
     "An Act making appropriations for the operating and loan                                       
     program expenses of state government, for certain programs, and                                
     to capitalize funds; and providing for an effective date."                                     
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 375(FIN) am                                                
     S(brf sup maj fld S)                                                                           
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House adopt the Conference                                    
Committee with limited powers of free conference report, thus                                       
adopting CCS HB 375.                                                                                
                                                                                                    
                                                                                                    
The question being:  "Shall the House adopt the Conference                                          
Committee with limited powers of free conference report?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CCS HB 375                                                                                          
Adopt                                                                                               
                                                                                                    
YEAS:  34   NAYS:  5   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Crawford, Croft, Dahlstrom, Fate,                               
Foster, Gatto, Gruenberg, Harris, Hawker, Heinze, Holm, Joule,                                      
Kapsner, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer,                                       
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Nays:  Berkowitz, Cissna, Gara, Guttenberg, Kerttula                                                
                                                                                                    
Excused:  Moses                                                                                     
                                                                                                    
And so, the House adopted the Conference Committee with limited                                     
powers of free conference report, thus adopting:                                                    
                                                                                                    
     CONFERENCE CS FOR HOUSE BILL NO. 375                                                           
     (same title)                                                                                   
                                                                                                    

2004-05-11                     House Journal                      Page 4348
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.                                
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
The Senate has adopted the Conference Committee with limited                                        
powers of free conference report (Senate Journal page 3698).                                        
                                                                                                    
CCS HB 375 was referred to the Chief Clerk for engrossment and                                      
enrollment.                                                                                         
                                                                                                    
HB 377                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Conference Committee with limited powers of free                                 
conference report on the following, which is under Unfinished                                       
Business (page 4216), at this time:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 377(FIN)                                                                 
     "An Act making appropriations for the operating and capital                                    
     expenses of the state's integrated comprehensive mental health                                 
     program; and providing for an effective date."                                                 
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 377(FIN)                                                   
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House adopt the Conference                                    
Committee with limited powers of free conference report, thus                                       
adopting CCS HB 377.                                                                                
                                                                                                    
The question being:  "Shall the House adopt the Conference                                          
Committee with limited powers of free conference report?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CCS HB 377                                                                                          
Adopt                                                                                               
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    

2004-05-11                     House Journal                      Page 4349
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring,                                    
Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg,                                            
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    
Excused:  Moses                                                                                     
                                                                                                    
And so, the House adopted the Conference Committee with limited                                     
powers of free conference report, thus adopting:                                                    
                                                                                                    
     CONFERENCE CS FOR HOUSE BILL NO. 377                                                           
     (same title)                                                                                   
                                                                                                    
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.                                
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
The Senate has adopted the Conference Committee with limited                                        
powers of free conference report (Senate Journal page 3699).                                        
                                                                                                    
CCS HB 377 was referred to the Chief Clerk for engrossment and                                      
enrollment.                                                                                         
                                                                                                    
                                                                                                    
SB 283                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Free Conference Committee report on the                                          
following, which is under Unfinished Business (page 4217), at this                                  
time:                                                                                               
                                                                                                    
     CS FOR SENATE BILL NO. 283(FIN) am H                                                           
     "An Act making an appropriation to reverse the deposit of money                                
     available for appropriation in the general fund at the end of fiscal                           
     year 2003 into the constitutional budget reserve fund; making an                               
     appropriation for investment management fees for the                                           
     constitutional budget reserve fund for fiscal year 2004; making an                             
     appropriation for investment management fees for the                                           

2004-05-11                     House Journal                      Page 4350
     constitutional budget reserve fund for fiscal year 2005; making                                
     appropriations to the Department of Education and Early                                        
     Development for K-12 educational programs; making                                              
     appropriations to the University of Alaska and the Alaska Court                                
     System; making an appropriation to reverse the deposit of money                                
     available for appropriation in the general fund at the end of fiscal                           
     year 2004 into the constitutional budget reserve fund; making an                               
     appropriation of the amount necessary to balance revenue and                                   
     general fund appropriations for fiscal years 2004 and 2005;                                    
     making appropriations for power cost equalization and for grants                               
     to municipalities, unincorporated communities, and designated                                  
     recipients; making appropriations under art. IX, sec. 17(c),                                   
     Constitution of the State of Alaska, from the constitutional budget                            
     reserve fund; and providing for an effective date."                                            
                                                                                                    
and                                                                                                 
                                                                                                    
     CS FOR SENATE BILL NO. 283(FIN)                                                                
     "An Act making an appropriation to reverse the deposit of money                                
     available for appropriation in the general fund at the end of fiscal                           
     year 2003 into the constitutional budget reserve fund; making an                               
     appropriation for investment management fees for the                                           
     constitutional budget reserve fund; making appropriations under                                
     art. IX, sec. 17(c), Constitution of the State of Alaska, from the                             
     constitutional budget reserve fund; and providing for an effective                             
     date."                                                                                         
                                                                                                    
     (SCR 30 - title change resolution)                                                             
                                                                                                    
Representative Berkowitz objected, stating that the motion was in                                   
violation of Uniform Rule 42, and withdrew the objection.                                           
                                                                                                    
                                                                                                    
Representative Coghill moved that the House adopt the Free                                          
Conference       Committee        report,     thus      adopting      FCCS                          
SB 283(Corrected).                                                                                  
                                                                                                    
                                                                                                    
The question being:  "Shall the House adopt the Free Conference                                     
Committee report?"  The roll was taken with the following result:                                   

2004-05-11                     House Journal                      Page 4351
                                                                                                    
FCCS SB 283(Corrected)                                                                              
Adopt                                                                                               
                                                                                                    
YEAS:  33   NAYS:  6   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Croft, Dahlstrom, Fate, Foster,                                 
Gara, Gatto, Gruenberg, Harris, Hawker, Heinze, Holm, Joule,                                        
Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan,                                        
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch,                                      
Williams, Wilson, Wolf                                                                              
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Guttenberg, Kapsner, Kerttula                                   
                                                                                                    
Excused:  Moses                                                                                     
                                                                                                    
And so, the House adopted the Free Conference Committee report,                                     
thus adopting:                                                                                      
                                                                                                    
     FREE CONFERENCE CS FOR SENATE BILL NO.                                                         
     283(Corrected)                                                                                 
     "An Act making, amending, and repealing appropriations,                                        
     including capital appropriations, supplemental appropriations,                                 
     reappropriations, and appropriations to capitalize funds; making                               
     appropriations under art. IX, sec. 17(c), Constitution of the State                            
     of Alaska, from the constitutional budget reserve fund; and                                    
     providing for an effective date."                                                              
                                                                                                    
Representative Coghill moved that the appropriations from the                                       
constitutional budget reserve fund (Article IX, Section 17(c),                                      
Constitution of the State of Alaska) be adopted.                                                    
                                                                                                    
The question being:  "Shall the House adopt the appropriations from                                 
the constitutional budget reserve fund (Article IX, Section 17(c),                                  
Constitution of the State of Alaska)?  The roll was taken with the                                  
following result:                                                                                   
                                                                                                    
FCCS SB 283(Corrected)                                                                              
Adopt                                                                                               
Constitutional Budget Reserve Appropriations                                                        
                                                                                                    
YEAS:  35   NAYS:  4   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    

2004-05-11                     House Journal                      Page 4352
Yeas:  Anderson, Berkowitz, Chenault, Coghill, Croft, Dahlstrom,                                    
Fate, Foster, Gatto, Gruenberg, Harris, Hawker, Heinze, Holm, Joule,                                
Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire,                                    
Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                  
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Nays:  Cissna, Crawford, Gara, Guttenberg                                                           
                                                                                                    
Excused:  Moses                                                                                     
                                                                                                    
And so, the House adopted the appropriations from the constitutional                                
budget reserve fund.                                                                                
                                                                                                    
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.                                
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
The Senate has adopted the Free Conference Committee report (Senate                                 
Journal page 3763).                                                                                 
                                                                                                    
                                                                                                    
                         SPECIAL ORDER OF BUSINESS                                               
                                                                                                    
SCR 30                                                                                            
The following was taken up as a Special Order of Business at this                                   
time.                                                                                               
                                                                                                    
     SENATE CONCURRENT RESOLUTION NO. 30                                                            
     Suspending Rules 24(c), 35, 41(b), 42(c) and 42(e), Uniform                                    
     Rules of the Alaska State Legislature, concerning Senate Bill                                  
     No. 283, relating to appropriations from the constitutional budget                             
     reserve fund.                                                                                  
                                                                                                    
The question being:  "Shall SCR 30 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
SCR 30                                                                                              
Special Order of Business                                                                           
                                                                                                    
YEAS:  38   NAYS:  1   EXCUSED:  1   ABSENT:  0                                                   

2004-05-11                     House Journal                      Page 4353
Yeas:  Anderson, Chenault, Cissna, Coghill, Crawford, Croft,                                        
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                   
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                           
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Nays:  Berkowitz                                                                                    
                                                                                                    
Excused:  Moses                                                                                     
                                                                                                    
                                                                                                    
And so, SCR 30 passed the House, was signed by the Speaker and                                      
Chief Clerk and returned to the Senate.                                                             
                                                                                                    
                           LEGISLATIVE CITATIONS                                                 
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
notice and publication requirements be waived and the citations on the                              
first and second special order citation calendars be taken up as a                                  
Special Order of Business at this time.  There being no objection, it                               
was so ordered.                                                                                     
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citations on the first and second special order                                   
citation calendars.  There being no objection, the following citations                              
were approved and sent to enrolling:                                                                
                                                                                                    
Honoring - Representative Hugh "Bud" Fate                                                           
By Representatives Heinze, Kott, Anderson, Berkowitz, Chenault,                                     
Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto,                                   
Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner,                                        
Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan,                                    
Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                          
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Honoring - Greg Pease                                                                               
By Representatives Kerttula, Weyhrauch Kott, Anderson, Berkowitz,                                   
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara,                                  
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                  
Kapsner, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg,                                      
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams, Wilson,                                    
Wolf; Senator Elton                                                                                 

2004-05-11                     House Journal                      Page 4354
Honoring - Kim Rampmeyer, Darrell Vincek, Bowman Elementary                                         
School                                                                                              
By Representatives Lynn, Kott, Anderson, Berkowitz, Chenault,                                       
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto,                                     
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer,                                         
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Honoring - Mae M. Tischer                                                                           
By Representatives Masek, Stoltze, Kott, Anderson, Berkowitz,                                       
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara,                                  
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                  
Kapsner, Kerttula, Kohring, Kookesh, McGuire, Meyer, Morgan, Ogg,                                   
Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson,                                  
Wolf                                                                                                
                                                                                                    
Honoring - Centennial of Hope School                                                                
By Representatives Hawker, Kott, Anderson, Berkowitz, Chenault,                                     
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto,                                     
Gruenberg, Guttenberg, Harris, Heinze, Holm, Joule, Kapsner,                                        
Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan,                                    
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch,                                      
Williams, Wilson, Wolf                                                                              
                                                                                                    
Honoring - Valdez City School District                                                              
By Representatives Harris, Kott, Anderson, Berkowitz, Chenault,                                     
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto,                                     
Gruenberg, Guttenberg, Hawker, Heinze, Holm, Joule, Kapsner,                                        
Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan,                                    
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch,                                      
Williams, Wilson, Wolf; Senator Therriault                                                          
                                                                                                    
Honoring - Delta/Greely School District                                                             
By Representatives Harris, Kott, Anderson, Berkowitz, Chenault,                                     
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto,                                     
Gruenberg, Guttenberg, Hawker, Heinze, Holm, Joule, Kapsner,                                        
Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan,                                    
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch,                                      
Williams, Wilson, Wolf; Senator Therriault                                                          

2004-05-11                     House Journal                      Page 4355
Honoring - Academy Charter School                                                                   
By Representatives Gatto, Stoltze, Kott, Anderson, Berkowitz,                                       
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara,                                  
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer,                                   
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch,                                       
Williams, Wilson, Wolf                                                                              
                                                                                                    
Honoring - AARP Alaska, Annual Day of Service                                                       
By Representatives Masek, Kott, Anderson, Berkowitz, Chenault,                                      
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto,                                     
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kerttula, Kohring, Kookesh, Lynn, McGuire, Meyer,                                          
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Honoring - Dollars for Dogs, Inc.                                                                   
By Representatives Hawker, Kott, Anderson, Berkowitz, Chenault,                                     
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto,                                     
Gruenberg, Guttenberg, Harris, Heinze, Holm, Joule, Kapsner,                                        
Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan,                                    
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch,                                      
Williams, Wilson, Wolf                                                                              
                                                                                                    
Honoring - Vonda K. Brown                                                                           
By Senator Therriault; Representatives Kott, Anderson, Berkowitz,                                   
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara,                                  
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                  
Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer,                                         
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Honoring - Kenai Chamber of Commerce 2003 Community Awards                                          
By Senator Wagoner; Representatives Kott, Anderson, Berkowitz,                                      
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara,                                  
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                  
Kapsner, Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer,                                   
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    

2004-05-11                     House Journal                      Page 4356
In Memoriam - William Kozlowski                                                                     
By Representatives Kerttula, Weyhrauch; Kott, Anderson, Berkowitz,                                  
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster,                                
Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm,                                   
Joule, Kapsner, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan,                                    
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams,                                       
Wilson, Wolf; Senator Elton                                                                         
                                                                                                    
In Memoriam - Leo A. Grasso, Sr.                                                                    
By Representatives Chenault, Kott, Anderson, Berkowitz, Cissna,                                     
Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto,                                     
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer,                                         
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
In Memoriam - Francis Frazier                                                                       
By Representatives Chenault, Kott, Anderson, Berkowitz, Cissna,                                     
Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto,                                     
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer,                                         
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
In Memoriam - Randy Dean Esquiro                                                                    
By Representative Chenault, Kott, Anderson, Berkowitz, Cissna,                                      
Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto,                                     
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer,                                         
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
In Memoriam - Matilda S. Dzinich                                                                    
By Representatives Kerttula, Weyhrauch, Kott, Anderson, Berkowitz,                                  
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster,                                
Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm,                                   
Joule, Kapsner, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan,                                    
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams,                                       
Wilson, Wolf; Senator Elton                                                                         
                                                                                                    

2004-05-11                     House Journal                      Page 4357
In Memoriam - Lois A. Calvin                                                                        
By Representatives Chenault, Kott, Anderson, Berkowitz, Cissna,                                     
Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto,                                     
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer,                                         
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
In Memoriam - Lisa Danette Bird                                                                     
By Representatives Chenault, Kott, Anderson, Berkowitz, Cissna,                                     
Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto,                                     
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer,                                         
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
In Memoriam - Jack Austin III                                                                       
By Representatives Chenault, Kott, Anderson, Berkowitz, Cissna,                                     
Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto,                                     
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer,                                         
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
In Memoriam - Katie Ann Gilila Rael Taassi                                                          
By Representatives Kapsner, Kott, Anderson, Berkowitz, Chenault,                                    
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara,                                    
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                  
Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg,                                     
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf; Senator Hoffman                                                                       
                                                                                                    
In Memoriam - Keli Ann Mahoney                                                                      
By Representatives Masek, Kott, Anderson, Berkowitz, Chenault,                                      
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara,                                    
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                  
Kapsner, Kerttula, Kohring, Kookesh, McGuire, Meyer, Morgan, Ogg,                                   
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    

2004-05-11                     House Journal                      Page 4358
In Memoriam - Kenneth Huizenga                                                                      
By Representatives McGuire, Kott, Anderson, Berkowitz, Chenault,                                    
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara,                                    
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                  
Kapsner, Kerttula, Kohring, Kookesh, Masek, Meyer, Morgan, Ogg,                                     
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    
In Memoriam - Margaret "Maggie" Wigen                                                               
By Representatives Kerttula, Weyhrauch, Kott, Anderson, Berkowitz,                                  
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster,                                
Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm,                                   
Joule, Kapsner, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan,                                    
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams,                                       
Wilson, Wolf; Senators Lincoln, Elton                                                               
                                                                                                    
In Memoriam - Bethany Rose Correira                                                                 
By Senator Ogan; Representatives Masek, Kott, Anderson, Berkowitz,                                  
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster,                                
Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm,                                   
Joule, Kapsner, Kerttula, Kohring, Kookesh, McGuire, Meyer,                                         
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
                                                                                                    
Honoring - Cindy Aillaud, DisneyHand Teacher Award                                                  
By Representatives Harris, Kott, Anderson, Berkowitz, Chenault,                                     
Cissna, Crawford, Croft, Dahlstrom, Fate, Gara, Gruenberg,                                          
Guttenberg, Hawker, Holm, Joule, Kapsner, Kerttula, Kookesh, Lynn,                                  
Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels, Seaton,                                           
Stepovich, Stoltze, Weyhrauch, Williams, Wilson                                                     
                                                                                                    
                                                                                                    
Honoring - Charles R. Brenton                                                                       
By Representatives Berkowitz, Kott, Anderson, Chenault, Cissna,                                     
Crawford, Croft, Dahlstrom, Fate, Gara, Gruenberg, Guttenberg,                                      
Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kookesh, Lynn,                                      
Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels, Seaton,                                           
Stepovich, Stoltze, Weyhrauch, Williams, Wilson                                                     
                                                                                                    

2004-05-11                     House Journal                      Page 4359
Honoring - Clara "Billie Lewis"                                                                     
By Senator Ellis; Representatives Kott, Anderson, Berkowitz,                                        
Chenault, Cissna, Crawford, Croft, Dahlstrom, Fate, Gara, Gruenberg,                                
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula,                                         
Kookesh, Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels,                                          
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson                                             
                                                                                                    
In Memoriam - Bernard "Bernie" White                                                                
By Representatives Chenault, Kott, Anderson, Berkowitz, Cissna,                                     
Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gruenberg,                                          
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula,                                         
Kookesh, Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels,                                          
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson                                             
                                                                                                    
                                                                                                    
                    CONSIDERATION OF THE DAILY CALENDAR                                          
                                                                                                    
                       THIRD READING OF SENATE BILLS                                             
                                (continued)                                                        
                                                                                                    
SB 254                                                                                            
The following, which was advanced to third reading from the May 10,                                 
2004, calendar (page 4122), was read the third time:                                                
                                                                                                    
     CS FOR SENATE BILL NO. 254(FIN)(efd fld)                                                       
     "An Act relating to tourism marketing contracts."                                              
                                                                                                    
The question being:  "Shall CSSB 254(FIN)(efd fld) pass the House?"                                 
The roll was taken with the following result:                                                       
                                                                                                    
CSSB 254(FIN)(efd fld)                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  31   NAYS:  8   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kerttula,                                      
Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg,                                            
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    

2004-05-11                     House Journal                      Page 4360
Nays:  Berkowitz, Cissna, Crawford, Croft, Gara, Joule, Kapsner,                                    
Kookesh                                                                                             
                                                                                                    
Excused:  Moses                                                                                     
                                                                                                    
And so, CSSB 254(FIN)(efd fld) passed the House, was signed by the                                  
Speaker and Chief Clerk and returned to the Senate.                                                 
                                                                                                    
SB 269                                                                                            
The following, which was advanced to third reading from the May 10,                                 
2004, calendar (page 4189), was read the third time:                                                
                                                                                                    
     CS FOR SENATE BILL NO. 269(CRA) am H                                                           
     "An Act relating to access to library records, including access to                             
     the library records of a child by a parent or guardian."                                       
                                                                                                    
The question being:  "Shall CSSB 269(CRA) am H pass the House?"                                     
The roll was taken with the following result:                                                       
                                                                                                    
CSSB 269(CRA) am H                                                                                  
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  17   NAYS:  22   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Croft, Dahlstrom, Gatto, Harris,                                
Holm, Kohring, Lynn, Meyer, Rokeberg, Stepovich, Stoltze,                                           
Weyhrauch, Wilson, Wolf                                                                             
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Fate, Foster, Gara, Gruenberg,                                  
Guttenberg, Hawker, Heinze, Joule, Kapsner, Kerttula, Kookesh, Kott,                                
Masek, McGuire, Morgan, Ogg, Samuels, Seaton, Williams                                              
                                                                                                    
Excused:  Moses                                                                                     
                                                                                                    
Weyhrauch changed from "Nay" to "Yea".                                                              
Fate changed from "Yea" to "Nay".                                                                   
Wilson changed from "Nay" to "Yea".                                                                 
Anderson changed from "Nay" to "Yea".                                                               
Morgan changed from "Yea" to "Nay".                                                                 
Wolf changed from "Nay" to "Yea".                                                                   
                                                                                                    
And so, CSSB 269(CRA) am H failed to pass the House.                                                
                                                                                                    

2004-05-11                     House Journal                      Page 4361
CSSB 269(CRA) am H(fld H) was referred to the Chief Clerk for                                       
engrossment.                                                                                        
                                                                                                    
SB 277                                                                                            
The following, which was advanced to third reading from the May 10,                                 
2004, calendar (page 4123), was read the third time:                                                
                                                                                                    
     CS FOR SENATE BILL NO. 277(FIN)                                                                
     "An Act relating to the Alaska Commission on Postsecondary                                     
     Education; relating to the Alaska Student Loan Corporation;                                    
     relating to bonds of the corporation; relating to loan and grant                               
     programs of the commission; relating to an exemption from the                                  
     State Procurement Code regarding certain contracts of the                                      
     commission or corporation; making conforming changes; and                                      
     providing for an effective date."                                                              
                                                                                                    
The question being:  "Shall CSSB 277(FIN) pass the House?"  The roll                                
was taken with the following result:                                                                
                                                                                                    
CSSB 277(FIN)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring,                                    
Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg,                                            
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    
Excused:  Moses                                                                                     
                                                                                                    
And so, CSSB 277(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.                                
                                                                                                    
CSSB 277(FIN) was signed by the Speaker and Chief Clerk and                                         
returned to the Senate.                                                                             

2004-05-11                     House Journal                      Page 4362
SB 376                                                                                            
The following, which was advanced to third reading from the May 10,                                 
2004, calendar (page 4125), was read the third time:                                                
                                                                                                    
     CS FOR SENATE BILL NO. 376(HES) am                                                             
     "An Act relating to public assistance and subpoena powers; and                                 
       relating to the permanent fund dividend and subpoena powers."                               
                                                                                                    
                                                                                                    
The question being:  "Shall CSSB 376(HES) am pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
CSSB 376(HES) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  1   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kookesh,                                    
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                           
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Nays:  Kohring                                                                                      
                                                                                                    
Excused:  Moses                                                                                     
                                                                                                    
And so, CSSB 376(HES) am passed the House, was signed by the                                        
Speaker and Chief Clerk and returned to the Senate.                                                 
                                                                                                    
                                                                                                    
SB 392                                                                                            
The following, which was advanced to third reading from the May 10,                                 
2004, calendar (page 4126), was read the third time:                                                
                                                                                                    
     SENATE BILL NO. 392                                                                            
     "An Act relating to the expenses of investigation, hearing, or                                 
     public advocacy before the Regulatory Commission of Alaska, to                                 
     calculation of the regulatory cost charge for public utilities and                             
     pipeline carriers to include the Department of Law's costs of its                              
     public advocacy function, to inspection of certain books and                                   

2004-05-11                     House Journal                      Page 4363
     records by the attorney general when participating as a party in a                             
     matter before the Regulatory Commission of Alaska; and                                         
     providing for an effective date."                                                              
                                                                                                    
The question being:  "Shall SB 392 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
SB 392                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  1   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring,                                    
Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg,                                            
Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson,                                  
Wolf                                                                                                
                                                                                                    
Nays:  Stoltze                                                                                      
                                                                                                    
Excused:  Moses                                                                                     
                                                                                                    
And so, SB 392 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.                                
                                                                                                    
SB 392 was signed by the Speaker and Chief Clerk and returned to the                                
Senate.                                                                                             
                                                                                                    
SB 393                                                                                            
The following, which was advanced to third reading from the May 10,                                 
2004, calendar (page 4127), was read the third time:                                                
                                                                                                    
     CS FOR SENATE BILL NO. 393(FIN)                                                                
     "An Act relating to default on tuition, fees, and other charges of                             
     the University of Alaska and to claims on permanent fund                                       
     dividends for tuition, fees, and other charges of the University of                            
     Alaska that are in default."                                                                   
                                                                                                    

2004-05-11                     House Journal                      Page 4364
The question being:  "Shall CSSB 393(FIN) pass the House?"  The roll                                
was taken with the following result:                                                                
                                                                                                    
CSSB 393(FIN)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
                                                                                                    
YEAS:  38   NAYS:  1   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kookesh,                                    
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                           
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
                                                                                                    
                                                                                                    
Nays:  Kohring                                                                                      
                                                                                                    
                                                                                                    
                                                                                                    
Excused:  Moses                                                                                     
                                                                                                    
And so, CSSB 393(FIN) passed the House, was signed by the Speaker                                   
and Chief Clerk and returned to the Senate.                                                         
                                                                                                    
                                                                                                    
                                                                                                    
                           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 - Rear Admiral James Underwood                                                             
By Representatives Weyhrauch, Kerttula, Kott, Anderson, Berkowitz,                                  
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster,                                
Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm,                                   
Joule, Kapsner, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan,                                    
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams,                                       
Wilson, Wolf; Senator Elton                                                                         
                                                                                                    

2004-05-11                     House Journal                      Page 4365
Honoring - KTOO-FM's 30th and KTOO-TV's 25th Anniversary of                                         
Broadcasting                                                                                        
By Representatives Weyhrauch, Kerttula, Kott, Anderson, Berkowitz,                                  
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara,                                  
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                  
Kapsner, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan,                                     
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Williams, Wilson, Wolf;                                  
Senator Elton                                                                                       
                                                                                                    
Honoring - Sgt. Alvin Cates                                                                         
By Representatives Stepovich, Kott, Anderson, Berkowitz, Chenault,                                  
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto,                                     
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer,                                         
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch,                                         
Williams, Wilson, Wolf                                                                              
                                                                                                    
Honoring - Spc. Phillip Pitts                                                                       
By Representatives Stepovich, Kott, Anderson, Berkowitz, Chenault,                                  
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto,                                     
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer,                                         
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch,                                         
Williams, Wilson, Wolf                                                                              
                                                                                                    
Honoring - Betty & Abner Nelson                                                                     
By Representatives Ogg, Kott, Anderson, Berkowitz, Chenault,                                        
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto,                                     
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer,                                         
Morgan, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch,                                   
Williams, Wilson, Wolf                                                                              
                                                                                                    
Honoring - Max C. Brewer                                                                            
By Representatives Joule, Kott, Anderson, Berkowitz, Chenault,                                      
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto,                                     
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner,                                       
Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg,                                     
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        

2004-05-11                     House Journal                      Page 4366
Honoring - Kevin Ferry                                                                              
By Representatives Gatto, Stoltze, Kott, Anderson, Berkowitz,                                       
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara,                                  
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer,                                   
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch,                                       
Williams, Wilson, Wolf                                                                              
                                                                                                    
Honoring - George V. Larson, II                                                                     
By Representatives Gatto, Stoltze, Kott, Anderson, Berkowitz,                                       
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara,                                  
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer,                                   
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch,                                       
Williams, Wilson, Wolf                                                                              
                                                                                                    
Honoring - Dana Phillips                                                                            
By Representatives Gatto, Kott, Anderson, Berkowitz, Chenault,                                      
Cissna, Crawford, Croft, Dahlstrom, Fate, Gara, Gruenberg,                                          
Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula,                                 
Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Ogg,                                         
Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson,                                  
Wolf                                                                                                
                                                                                                    
Honoring - Don Skewis                                                                               
By Representatives Anderson, McGuire, Rokeberg, Kott, Berkowitz,                                    
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara,                                  
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                  
Kapsner, Kerttula, Kohring, Kookesh, Masek, Meyer, Morgan, Ogg,                                     
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Honoring - SAIL, Southeast Alaska Independent Living                                                
By Representatives Weyhrauch, Kerttula, Kott, Anderson, Berkowitz,                                  
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara,                                  
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                  
Kapsner, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan,                                     
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams,                                       
Wilson, Wolf; Senator Elton                                                                         
                                                                                                    

2004-05-11                     House Journal                      Page 4367
Honoring - Big Brothers and Big Sisters of Southeast Alaska                                         
By Representatives Weyhrauch, Kerttula, Kott, Anderson, Berkowitz,                                  
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara,                                  
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                  
Kapsner, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan,                                     
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams,                                       
Wilson, Wolf; Senator Elton                                                                         
                                                                                                    
Honoring - The Filipino Heritage in Juneau and Alaska                                               
By Representatives Weyhrauch, Kerttula, Kott, Anderson, Berkowitz,                                  
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara,                                  
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                  
Kapsner, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan,                                     
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams,                                       
Wilson, Wolf; Senator Elton                                                                         
                                                                                                    
Honoring - Mountain View School                                                                     
By Representatives Gruenberg, Kott, Anderson, Berkowitz, Chenault,                                  
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto,                                     
Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula,                                 
Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Ogg,                                         
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf; Senator Guess                                                                         
                                                                                                    
Honoring - Donald and Christina Gregory                                                             
By Senator Elton; Representatives Weyhrauch, Kerttula, Kott,                                        
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Dahlstrom, Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker,                                
Heinze, Holm, Joule, Kapsner, Kohring, Kookesh, Masek, McGuire,                                     
Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                  
Williams, Wilson, Wolf                                                                              
                                                                                                    
Honoring - Wilhelmenia and Reverend William Greene                                                  
By Senator Davis; Representatives Kott, Anderson, Berkowitz,                                        
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara,                                  
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                  
Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer,                                         
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    

2004-05-11                     House Journal                      Page 4368
Honoring - James N. Wanamaker                                                                       
By Senator Davis; Representatives Kott, Anderson, Berkowitz,                                        
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara,                                  
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                  
Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer,                                         
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Honoring - Melody Douglas                                                                           
By Senator Wagoner; Representatives Kott, Anderson, Berkowitz,                                      
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara,                                  
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                  
Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer,                                         
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Honoring - Fred Miller, Nikiski Chamber of Commerce 2004                                            
Community Service Award                                                                             
By Senator Wagoner; Representatives Chenault, Kott, Anderson,                                       
Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara,                                 
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                  
Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer,                                         
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Honoring - Mayor John J. Williams, City of Kenai                                                    
By Senator Wagoner; Representatives Kott, Anderson, Berkowitz,                                      
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara,                                  
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                  
Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer,                                         
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Honoring - John R. Kito, William Tyson Elementary School Principal                                  
By Senators Guess, Ben Stevens; Representatives Gruenberg, Kott,                                    
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Dahlstrom, Fate, Gara, Gatto, Guttenberg, Harris, Hawker, Heinze,                                   
Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire,                                   
Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                  
Weyhrauch, Williams, Wilson, Wolf                                                                   

2004-05-11                     House Journal                      Page 4369
Honoring - Sigrid Aas                                                                               
By Senators Seekins, Wilken; Representatives Kott, Anderson,                                        
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze,                                   
Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire,                                   
Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                  
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Honoring - UAF Men's Basketball Team                                                                
By Senator Seekins; Representatives Kott, Anderson, Berkowitz,                                      
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara,                                  
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                  
Kapsner, Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer,                                   
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Honoring - Soldotna Chamber of Commerce 2003 Community                                              
Awards                                                                                              
By Senator Wagoner; Representatives Kott, Anderson, Berkowitz,                                      
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara,                                  
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                  
Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer,                                         
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Commemorating - National Correctional Officers' Week, May 2-8,                                      
2004                                                                                                
By Senator Wagoner; Representatives Stoltze, Kott, Anderson,                                        
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze,                                   
Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire,                                   
Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich,                                           
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
In Memoriam - Jack L. Rhines                                                                        
By Representatives Ogg, Kott, Anderson, Berkowitz, Chenault,                                        
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara,                                    
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                  
Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer,                                         
Morgan, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch,                                   
Williams, Wilson, Wolf; Senator Gary Stevens                                                        

2004-05-11                     House Journal                      Page 4370
In Memoriam - Joseph Graham                                                                         
By Representatives Weyhrauch, Kerttula, Kott, Anderson, Berkowitz,                                  
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster,                                
Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm,                                   
Joule, Kapsner, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan,                                    
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams,                                       
Wilson, Wolf; Senator Elton                                                                         
                                                                                                    
In Memoriam - Phil Anderson                                                                         
By Representatives Ogg, Kott, Anderson, Berkowitz, Chenault,                                        
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara,                                    
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                  
Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer,                                         
Morgan, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch,                                   
Williams, Wilson, Wolf; Senator Gary Stevens                                                        
                                                                                                    
In Memoriam - Joshua Alexander Boycott                                                              
By Senator Seekins; Representatives Kott, Anderson, Berkowitz,                                      
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster,                                
Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm,                                   
Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer,                                  
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
In Memoriam - James Magoffin, Sr.                                                                   
By Senator Seekins; Representatives Hawker, Kott, Anderson,                                         
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Heinze,                                   
Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire,                                   
Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                  
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
In Memoriam - Dottie Magoffin                                                                       
By Senator Seekins; Representatives Hawker, Kott, Anderson,                                         
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Heinze,                                   
Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire,                                   
Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                  
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    

2004-05-11                     House Journal                      Page 4371
In Memoriam - Veronica Stromile                                                                     
By Senator Davis; Representatives Kott, Anderson, Berkowitz,                                        
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster,                                
Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm,                                   
Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer,                                  
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
In Memoriam - James C. Parson                                                                       
By Senator Davis; Representatives Kott, Anderson, Berkowitz,                                        
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster,                                
Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm,                                   
Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer,                                  
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
In Memoriam - Alpine Nichols Kameroff                                                               
By Senator Lincoln; Representatives Kott, Anderson, Berkowitz,                                      
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster,                                
Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm,                                   
Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer,                                  
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
In Memoriam - Michael Joseph Fenster                                                                
By Senator Elton; Representatives Weyhrauch, Kerttula, Kott,                                        
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Joule, Kapsner, Kohring, Kookesh, Masek,                                      
McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                             
Stepovich, Stoltze, Williams, Wilson, Wolf                                                          
                                                                                                    
In Memoriam - Patricia N. Stevens                                                                   
By Senator Elton; Representatives Weyhrauch, Kerttula, Kott,                                        
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Joule, Kapsner, Kohring, Kookesh, Masek,                                      
McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                             
Stepovich, Stoltze, Williams, Wilson, Wolf                                                          
                                                                                                    

2004-05-11                     House Journal                      Page 4372
Without objection, the House reverted to:                                                           
                                                                                                    
                                                                                                    
                       REPORTS OF STANDING COMMITTEES                                            
                                                                                                    
SB 302                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     CS FOR SENATE BILL NO. 302(FIN)                                                                
     "An Act relating to the authority to take oaths, affirmations, and                             
     acknowledgments in the state, to notarizations, to verifications, to                           
     acknowledgments, to fees for issuing certificates with the seal of                             
     the state affixed, and to notaries public; and providing for an                                
     effective date."                                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 302(STA)                                                   
     (same title)                                                                                   
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (6):  Meyer, Stoltze, Moses, Chenault, Fate, Williams                                       
                                                                                                    
No recommendation (2):  Hawker, Harris                                                              
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 302(STA):                                            
                                                                                                    
1.  Fiscal, Office of the Governor                                                                  
                                                                                                    
CSSB 302(FIN) is on today's first supplemental calendar.                                            
                                                                                                    
SB 368                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     CS FOR SENATE BILL NO. 368(FIN) am                                                             
     "An Act relating to taxes on cigarettes and tobacco products, to                               
     tax stamps on cigarettes, to forfeiture of cigarettes and of property                          
     used in the manufacture, transportation, or sale of unstamped                                  

2004-05-11                     House Journal                      Page 4373
     cigarettes, and to licenses and licensees under the Cigarette Tax                              
     Act; and providing for an effective date."                                                     
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 368(FIN)                                                   
     "An Act relating to taxes on cigarettes and tobacco products, to                               
     tax stamps on cigarettes, to forfeiture of cigarettes and of property                          
     used in the manufacture, transportation, facilitation of                                       
     transportation, possession, offering for sale, or sale of unstamped                            
     cigarettes, to accounting for and use of part of the proceeds of the                           
     additional cigarette tax, and to licenses and licensees under the                              
     Cigarette Tax Act; relating to unfair cigarette sales; relating to                             
     supercedeas bonds in certain tobacco-related litigation; amending                              
     Rules 204 and 205, Alaska Rules of Appellate Procedure; and                                    
     providing for an effective date."                                                              
                                                                                                    
     (HCR 43 - title change resolution)                                                             
                                                                                                    
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (3):  Hawker, Joule, Croft                                                                  
                                                                                                    
No recommendation (7):  Meyer, Stoltze, Moses, Fate, Foster, Harris,                                
Williams                                                                                            
                                                                                                    
Amend (1):  Chenault                                                                                
                                                                                                    
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 368(FIN):                                            
                                                                                                    
                                                                                                    
2.  Fiscal, Dept. of Public Safety                                                                  
3.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
                                                                                                    
CSSB 368(FIN) am is on today's first supplemental calendar.                                         
                                                                                                    

2004-05-11                     House Journal                      Page 4374
                  CONSIDERATION OF THE FIRST SUPPLEMENTAL                                        
                                  CALENDAR                                                       
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adopt the First Supplemental Calendar.  There being no                                        
objection, the following was adopted:                                                               
                                                                                                    
SB 302 OATHS; NOTARIES PUBLIC; STATE SEAL                                                           
SB 368 TOBACCO TAX; LICENSING; PENALTIES                                                            
                                                                                                    
                                 * * * * *                                                         
                                                                                                    
Senators Lincoln and Stedman entered the Chamber to announce that                                   
the Senate had adjourned sine die.                                                                  
                                                                                                    
                                                                                                    
                                   RECEDE                                                        
                                                                                                    
SB 382                                                                                            
Representative Rokeberg moved that the House recede from its                                        
amendment to:                                                                                       
                                                                                                    
     CS FOR SENATE BILL NO. 382(CRA) am                                                             
     "An Act relating to replat approval; relating to the platting of                               
     right-of-way acquired through eminent domain proceedings; and                                  
     providing for an effective date."                                                              
                                                                                                    
namely,                                                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 382(CRA) am H                                                           
     (same title)                                                                                   
                                                                                                    
The Senate message is on page 4286.                                                                 
                                                                                                    
The question being:  "Shall the House recede from its amendment to                                  
CSSB 382(CRA) am?"  The roll was taken with the following result:                                   
                                                                                                    
CSSB 382(CRA) am H                                                                                  
Recede                                                                                              
                                                                                                    
YEAS:  32   NAYS:  7   EXCUSED:  1   ABSENT:  0                                                   

2004-05-11                     House Journal                      Page 4375
                                                                                                    
Yeas:  Anderson, Chenault, Cissna, Coghill, Crawford, Croft,                                        
Dahlstrom, Fate, Foster, Gruenberg, Harris, Hawker, Heinze, Holm,                                   
Joule, Kapsner, Kerttula, Kohring, Kott, Lynn, McGuire, Meyer,                                      
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch,                                       
Williams, Wilson, Wolf                                                                              
                                                                                                    
Nays:  Berkowitz, Gara, Gatto, Guttenberg, Kookesh, Masek, Stoltze                                  
                                                                                                    
Excused:  Moses                                                                                     
                                                                                                    
And so, the House receded from its amendment, thus adopting CSSB                                    
382(CRA) am.                                                                                        
                                                                                                    
CSSB 382(CRA) am was signed by the Speaker and Chief Clerk and                                      
returned to the Senate.                                                                             
                                                                                                    
                        CONCUR IN SENATE AMENDMENTS                                              
                                                                                                    
HB 503                                                                                            
Representative Croft moved and asked unanimous consent that the                                     
House consider the Senate message (page 4320) on the following at                                   
this time:                                                                                          
                                                                                                    
     HOUSE BILL NO. 503                                                                             
     "An Act relating to the tobacco product Master Settlement                                      
     Agreement; and providing for an effective date."                                               
                                                                                                    
and                                                                                                 
                                                                                                    
     HOUSE BILL NO. 503 am S                                                                        
     "An Act relating to taxes on cigarettes and tobacco products, to                               
     tax stamps on cigarettes, to forfeiture of cigarettes and of property                          
     used in the manufacture, transportation, facilitation of                                       
     transportation, possession, offering for sale, or sale of unstamped                            
     cigarettes, to unfair cigarette sales, and to licenses and licensees                           
     under the Cigarette Tax Act; the tobacco product Master                                        
     Settlement Agreement; and providing for an effective date."                                    
 (SCR 32 - title change resolution)                                                                 
                                                                                                    
Objection was heard.                                                                                
                                                                                                    

2004-05-11                     House Journal                      Page 4376
The House adjourned sine die.                                                                       
                                                                                                    
                        FIRST SUPPLEMENTAL CALENDAR                                              
                                                                                                    
SB 302                                                                                            
The following, on today's supplemental calendar, was not taken up this                              
legislative day:                                                                                    
                                                                                                    
     CS FOR SENATE BILL NO. 302(FIN)                                                                
     "An Act relating to the authority to take oaths, affirmations, and                             
     acknowledgments in the state, to notarizations, to verifications, to                           
     acknowledgments, to fees for issuing certificates with the seal of                             
     the state affixed, and to notaries public; and providing for an                                
     effective date."                                                                               
                                                                                                    
SB 368                                                                                            
The following, on today's supplemental calendar, was not taken up this                              
legislative day:                                                                                    
                                                                                                    
     CS FOR SENATE BILL NO. 368(FIN) am                                                             
     "An Act relating to taxes on cigarettes and tobacco products, to                               
     tax stamps on cigarettes, to forfeiture of cigarettes and of property                          
     used in the manufacture, transportation, or sale of unstamped                                  
     cigarettes, and to licenses and licensees under the Cigarette Tax                              
     Act; and providing for an effective date."                                                     
                                                                                                    
                                                                                                    
                          MESSAGES FROM THE SENATE                                               
                                                                                                    
Messages dated April 16 and May 10, 2004, were received stating the                                 
Senate has passed the following and they are transmitted for                                        
consideration:                                                                                      
                                                                                                    
SCR 12                                                                                            
SENATE CONCURRENT RESOLUTION NO. 12 by Senators                                                     
Wilken, Bunde, Cowdery, Green, Ogan, Seekins, Ben Stevens, Gary                                     
Stevens, and Wagoner:                                                                               
                                                                                                    
     Requesting the Local Boundary Commission to consider borough                                   
     incorporation for certain unorganized areas.                                                   

2004-05-11                     House Journal                      Page 4377
SB 308                                                                                            
CS FOR SENATE BILL NO. 308(JUD) by the Senate Judiciary                                             
Committee, entitled:                                                                                
                                                                                                    
     "An Act relating to warnings on domestic violence and stalking                                 
     forms; and increasing the duration of certain provisions of                                    
     domestic violence protective orders from six months to up to one                               
     year."                                                                                         
                                                                                                    
A Senate letter of intent was attached.                                                             
                                                                                                    
                                                                                                    
                            UNFINISHED BUSINESS                                                  
                                                                                                    
HCR 41                                                                                            
HCR 41 was not introduced.                                                                          
                                                                                                    
HB 15                                                                                             
Representative Lynn added his name as cosponsor to:                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 15(FIN)                                                    
     "An Act relating to fair trade practices and consumer protection,                              
     to telephone solicitations, to charitable solicitations; and providing                         
     for an effective date."                                                                        
                                                                                                    
HB 25                                                                                             
Representatives Anderson, Williams, Stepovich, Wolf, Holm,                                          
Rokeberg, Chenault, Gatto, Dahlstrom, Foster, Kohring, Gruenberg,                                   
Stoltze, Harris, and Kapsner added their names as cosponsors to:                                    
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 25(JUD)                                                    
     "An Act relating to health care decisions, including do not                                    
     resuscitate orders, anatomical gifts, and mental health treatment                              
     decisions, and to powers of attorney relating to health care,                                  
     including anatomical gifts and mental health treatment decisions;                              
     and providing for an effective date."                                                          
                                                                                                    
HB 233                                                                                            
Representative Weyhrauch added his name as cosponsor to:                                            
                                                                                                    

2004-05-11                     House Journal                      Page 4378
     SENATE CS FOR CS FOR HOUSE BILL NO. 233(FIN)                                                   
     "An Act increasing the base student allocation used in the formula                             
     for state funding of public education; and providing for an                                    
     effective date."                                                                               
                                                                                                    
HB 273                                                                                            
Representative Anderson added his name as cosponsor to:                                             
                                                                                                    
     SENATE CS FOR CS FOR SS FOR HOUSE BILL NO.                                                     
     273(JUD)                                                                                       
     "An Act relating to the right of a parent to waive an                                          
     unemancipated child's claim of negligence against a provider of                                
     sports or recreational activities."                                                            
                                                                                                    
HB 275                                                                                            
Representatives Croft and Wolf added their names as cosponsors to:                                  
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 275(JUD)                                                   
     "An Act relating to animals, and to the care of and to cruelty to                              
     animals."                                                                                      
                                                                                                    
HB 288                                                                                            
Representative Lynn added his name as cosponsor to:                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 288(STA)                                                   
     "An Act changing the name of the Department of Community and                                   
     Economic Development to the Department of Commerce,                                            
     Community, and Economic Development."                                                          
                                                                                                    
HB 438                                                                                            
Representatives Lynn and Dahlstrom added their names as cosponsors                                  
to:                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 438(STA)                                                   
     "An Act relating to motorists moving over or slowing down for                                  
     emergency vehicles."                                                                           
                                                                                                    
HB 467                                                                                            
Representatives Dahlstrom and McGuire added their names as                                          
cosponsors to:                                                                                      

2004-05-11                     House Journal                      Page 4379
     CS FOR HOUSE BILL NO. 467(FIN) am S                                                            
     "An Act establishing an Alaska Commemorative Coin                                              
     Commission to develop the design concepts and to make                                          
     recommendations regarding the final design of the Alaska quarter                               
     under the 50 States Commemorative Coin Program Act; and                                        
     providing for an effective date."                                                              
                                                                                                    
HB 476                                                                                            
Representative McGuire added her name as cosponsor to:                                              
                                                                                                    
     CS FOR HOUSE BILL NO. 476(STA) am S                                                            
     "An Act establishing the Alaska Statehood Celebration                                          
     Commission; and providing for an effective date."                                              
                                                                                                    
                                                                                                    
HCR 38                                                                                            
The following, which was engrossed and signed by the Speaker and                                    
Chief Clerk (page 3922), was transmitted to the Senate for                                          
consideration:                                                                                      
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 38                                                             
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                 
     the Alaska State Legislature, concerning Senate Bill No. 337,                                  
     relating to the powers of the Alaska Energy Authority to make                                  
     grants and loans, to enter into contracts, and to improve, equip,                              
     operate, and maintain bulk fuel, waste energy, energy                                          
     conservation, energy efficiency, and alternative energy facilities                             
     and equipment; relating to the bulk fuel revolving loan fund;                                  
     relating to the Alaska Energy Authority's liability for the provision                          
     of technical assistance to rural utilities; relating to the Alaska                             
     Energy Authority's investment of the power development fund;                                   
     and repealing the electrical service extension fund.                                           
                                                                                                    
SB 285                                                                                            
The following, which passed the House (page 3858), was returned to                                  
the Senate:                                                                                         
                                                                                                    
     SENATE BILL NO. 285                                                                            
     "An Act relating to medical assistance coverage for targeted case                              
     management services and for rehabilitative services furnished or                               

2004-05-11                     House Journal                      Page 4380
     paid for by a school district on behalf of certain children; and                               
     providing for an effective date."                                                              
                                                                                                    
SB 132                                                                                            
Reconsideration of the following was not taken up on this legislative                               
day.  It was signed by the Speaker and Chief Clerk and returned to the                              
Senate:                                                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 132(RES)                                                                
     "An Act removing the Old Minto townsite from the Minto Flats                                   
     State Game Refuge; and authorizing the Department of Natural                                   
     Resources to convey certain land at the historic Old Minto site to                             
     the Native Village of Minto."                                                                  
                                                                                                    
                                ENGROSSMENT                                                      
                                                                                                    
SB 269                                                                                            
CS CSSB 269(CRA) am H(fld H) was engrossed.                                                         
                                                                                                    
                                ADJOURNMENT                                                      
                                                                                                    
Representative Kapsner yielded to Representative Fate who moved                                     
and asked unanimous consent that the House adjourn sine die (page                                   
4376).  There being no objection, the House adjourned at 12:00 a.m.,                                
May 12, 2004.                                                                                       
                                                                                                    
                                              Suzi Lowell                                           
                                              Chief Clerk