Legislature(2003 - 2004)
2003-04-24 House Journal
Full Journal pdf2003-04-24 House Journal Page 1085 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- FIRST SESSION Juneau, Alaska Thursday April 24, 2003 Ninety-fourth Day Pursuant to adjournment the House was called to order by Speaker Kott at 10:07 a.m. Roll call showed 32 members present. Representative Joule had been previously excused from a call of the House today. Representatives Anderson, Foster, Kapsner, McGuire, Weyhrauch, Whitaker, and Williams were absent and their presence was noted later. The invocation was offered by the Chaplain, Pastor Greg Lindsay of Northern Light United Church. Representative Fate moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. In deepest respect for the religious traditions and prayer life of each person present, let us pause for a moment of prayer and reflection. Let us pray. Gracious God, today we want to pray for children. We thank You for the joy they bring, for their exciting view of the world, for their innocence. We thank You for the wonder of kids; for our own kids, for the kids in our neighborhoods, and for all the kids in our state. Today we want to hold all of them up in prayer; the kids who have enough to sustain them in their lives; enough love, food, and education. And we especially want to pray for the ones who don't. Help us, loving God, to see each child as sacred, each as a precious gift. 2003-04-24 House Journal Page 1086 We pray today for the work You give us to do, for the priorities that You order. We recall that when the prophet Micah asked what was required of him, the answer You gave him was to seek justice, to love kindness, and to walk humbly with his God. Today we pray for humility in a life of service to the people of this state. Keep our heads out of the clouds and on the tasks at hand with gratitude that we've been allowed to serve. Amen. The Pledge of Allegiance was led by Representative Harris. CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 93rd legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Kerttula introduced Morgan Thomas and Darby Brown, Guest Pages, from Juneau. MESSAGES FROM THE SENATE HB 64 A message dated April 23, 2003, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 64(JUD) "An Act relating to court approval of the purchase of structured settlements." CSHB 64(JUD) was referred to the Chief Clerk for enrollment. HB 160 A message dated April 23, 2003, was read stating the Senate has passed: 2003-04-24 House Journal Page 1087 CS FOR HOUSE BILL NO. 160(FIN) "An Act relating to the emission control permit program; relating to fees for that program and to the accounting of receipts deposited in the emission control permit receipts account; and providing for an effective date." CSHB 160(FIN) was referred to the Chief Clerk for enrollment. HJR 13 A message dated April 23, 2003, was read stating the Senate has passed CSHJR 13(HES) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 13(HES) Urging adoption of the Alaska recommendations for implementing the No Child Left Behind Act of 2001. CSHJR 13(HES) is under Unfinished Business. **The presence of Representatives Williams, Weyhrauch, Whitaker, and Kapsner was noted. REPORTS OF STANDING COMMITTEES HJR 5 The Judiciary Committee has considered: HOUSE JOINT RESOLUTION NO. 5 Proposing an amendment to the Constitution of the State of Alaska relating to initiative and referendum petitions. The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (4): Samuels, Ogg, Anderson, McGuire Do not pass (1): Gara 2003-04-24 House Journal Page 1088 No recommendation (1): Holm The following fiscal note(s) apply: 1. Fiscal, Office of the Governor HJR 5 was referred to the Finance Committee. HB 31 The Judiciary Committee has considered: HOUSE BILL NO. 31 "An Act relating to initiative and referendum petitions; and providing for an effective date." The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (4): Samuels, Ogg, Anderson, McGuire Do not pass (1): Gara No recommendation (1): Holm The following fiscal note(s) apply: 1. Zero, Office of the Governor HB 31 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Anderson was noted. HB 102 The Judiciary Committee has considered: HOUSE BILL NO. 102 "An Act relating to concealed deadly weapons." 2003-04-24 House Journal Page 1089 and recommends it be replaced with: CS FOR HOUSE BILL NO. 102(STA) (same title) The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (4): Samuels, Anderson, Ogg, McGuire No recommendation (2): Gara, Holm The following fiscal note(s) apply to CSHB 102(STA): 1. Zero, Dept. of Law HB 102 was referred to the Rules Committee for placement on the calendar. HB 105 The Resources Committee has considered: HOUSE BILL NO. 105 "An Act relating to loans to satisfy past due federal tax obligations of commercial fishermen and to the commercial fishing loan program." The report was signed by Representative Fate, Chair, with the following individual recommendations: Do pass (5): Morgan, Kerttula, Guttenberg, Wolf, Lynn Do not pass (1): Masek No recommendation (2): Gatto, Fate The following fiscal note(s) apply: 1. Fiscal, Dept. of Community & Economic Development 2003-04-24 House Journal Page 1090 HB 105 was referred to the Finance Committee. HB 203 The Finance Committee has considered: HOUSE BILL NO. 203 "An Act relating to the definitions of 'net income' and 'unrestricted net income' for purposes of calculating the dividends to be paid to the state by the Alaska Industrial Development and Export Authority; and providing for an effective date." The report was signed by Representatives Harris and Williams, Co- chairs, with the following individual recommendations: Do pass (8): Meyer, Hawker, Moses, Chenault, Whitaker, Foster, Harris, Williams No recommendation (1): Stoltze The following fiscal note(s) apply: 1. Indeterminate, Dept. of Community & Economic Development HB 203 was referred to the Rules Committee for placement on the calendar. HB 255 The Labor & Commerce Committee has considered: HOUSE BILL NO. 255 "An Act amending the Alaska Wage and Hour Act as it relates to flexible work hour plans, the provision of training wages, and the definitions of certain terms; and repealing the exemption in the Act from the payment of minimum wages for learners." and recommends it be replaced with: CS FOR HOUSE BILL NO. 255(L&C) (same title) 2003-04-24 House Journal Page 1091 The report was signed by Representative Anderson, Chair, with the following individual recommendations: Do pass (4): Lynn, Dahlstrom, Rokeberg, Anderson Amend (2): Crawford, Guttenberg The following fiscal note(s) apply to CSHB 255(L&C): 1. Zero, Dept. of Labor & Workforce Development HB 255 was referred to the Finance Committee. SJR 12 The Resources Committee has considered: CS FOR SENATE JOINT RESOLUTION NO. 12(RES) Supporting the halibut by-catch utilization project of the Alaska Food Coalition. and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO. 12(FSH) (same title) The report was signed by Representative Fate, Chair, with the following individual recommendations: Do pass (9): Lynn, Gatto, Morgan, Heinze, Masek, Wolf, Kerttula, Guttenberg, Fate The following fiscal note(s) apply to HCS CSSJR 12(FSH): 1. Zero, Dept. of Fish & Game CSSJR 12(RES) was referred to the Rules Committee for placement on the calendar. **The presence of Representatives McGuire and Foster was noted. 2003-04-24 House Journal Page 1092 REPORTS OF SPECIAL COMMITTEES HB 271 The House Special Committee on Ways & Means has considered: HOUSE BILL NO. 271 "An Act levying and providing for the collection and administration of an excise tax on passenger vehicle rentals; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 271(W&M) "An Act levying and providing for the collection and administration of excise taxes on passenger vehicle and recreational vehicle rentals; and providing for an effective date." The report was signed by Representatives Whitaker and Hawker, Co- chairs, with the following individual recommendations: Do pass (7): Moses, Heinze, Wilson, Weyhrauch, Gruenberg, Whitaker, Hawker Do not pass (1): Kohring The following fiscal note(s) apply to CSHB 271(W&M): 1. Fiscal, Dept. of Revenue HB 271 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Ed Blahous By Representatives Dahlstrom, Stoltze 2003-04-24 House Journal Page 1093 Honoring - Elmendorf Air Force Base 3rd Services Squadron By Representative Dahlstrom INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HCR 18 HOUSE CONCURRENT RESOLUTION NO. 18 by Representative Gatto: Establishing the Joint Legislative Charter School Task Force. was read the first time and referred to the Health, Education & Social Services Committee, the House Special Committee on Education and the Finance Committee. HCR 19 HOUSE CONCURRENT RESOLUTION NO. 19 by Representatives Kapsner, Kott, Guttenberg, McGuire, Hawker, Morgan, Meyer, Heinze, Gara, Kookesh, Gruenberg, Cissna, Kerttula, Berkowitz, Ogg, Williams, Foster, Croft, Crawford, Lynn, and Fate: Urging implementation of an Alaska history curriculum in public schools. was read the first time and referred to the Health, Education & Social Services Committee and the House Special Committee on Education. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 198 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 198 by Representatives Kohring, Rokeberg, Chenault, and Wolf, entitled: "An Act providing for a reduction of royalty on certain oil produced from Cook Inlet submerged land." was read the first time and referred to the House Special Committee on Oil & Gas and the Resources and Finance Committees. 2003-04-24 House Journal Page 1094 HB 283 HOUSE BILL NO. 283 by Representative Fate, entitled: "An Act relating to limitations on coal leases." was read the first time and referred to the Resources Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 92 The following was read the second time: HOUSE BILL NO. 92 "An Act relating to reports by members of the clergy and custodians of clerical records who have reasonable cause to suspect that a child has suffered harm as a result of child abuse or neglect." with the: Journal Page STA RPT CS(STA) NT 5DP 1NR 1AM 633 FN1: ZERO(HSS) 633 FN2: ZERO(LAW) 633 JUD RPT CS(JUD) NT 2DP 5NR 959 FN1: ZERO(HSS) 960 FN2: ZERO(LAW) 960 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 92(JUD) "An Act relating to reports by members of the clergy who have reasonable cause to suspect that a child has suffered harm as a result of child abuse or neglect." Representative Gruenberg objected. 2003-04-24 House Journal Page 1095 The House stood at ease for a Majority and Minority Caucus at 11:10 a.m. AFTER AT EASE The Speaker called the House back to order at 11:40 a.m. SECOND READING OF HOUSE BILLS (Continued) HB 92 A motion was before the House to adopt the following: CS FOR HOUSE BILL NO. 92(JUD) "An Act relating to reports by members of the clergy who have reasonable cause to suspect that a child has suffered harm as a result of child abuse or neglect." The Speaker ruled that the motion was procedural. Representative Berkowitz appealed the ruling of the Chair. The question being: "Shall the House sustain the ruling of the Chair?" The roll was taken with the following result: Sustain Ruling of the Chair YEAS: 28 NAYS: 10 EXCUSED: 1 ABSENT: 1 Yeas: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Nays: Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Kerttula, Kookesh, Moses Excused: Joule Absent: Kapsner And so, the ruling of the Chair was sustained. 2003-04-24 House Journal Page 1096 The question being: "Shall the Judiciary Committee Substitute be adopted?" The roll was taken with the following result: HB 92 Second Reading Adopt Judiciary CS YEAS: 33 NAYS: 5 EXCUSED: 1 ABSENT: 1 Yeas: Anderson, Chenault, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Guttenberg, Harris, Hawker, Heinze, Holm, Kerttula, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Nays: Berkowitz, Cissna, Gruenberg, Kookesh, Moses Excused: Joule Absent: Kapsner And so, CSHB 92(JUD) was adopted. Representative Coghill moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Rokeberg - from noon to 1:00 p.m., today Representative Williams - from noon to 1:00 p.m., today Amendment No. 1 was offered by Representative Seaton: Page 2, line 9: Delete all material. Insert a new paragraph to read: (9) clergy members, except as provided in AS 47.17.021 and except that, notwithstanding other provisions of this section or this chapter, a clergy member is not required to report a reasonable suspicion of harm to a child if the clergy member believes that the harm comes only from neglect. 2003-04-24 House Journal Page 1097 Page 2, lines 25 and 29: Delete "or neglect" Representative Seaton moved and asked unanimous consent that Amendment No. 1 be adopted. Representative McGuire objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 92(JUD) Second Reading Amendment No. 1 YEAS: 8 NAYS: 29 EXCUSED: 3 ABSENT: 0 Yeas: Anderson, Chenault, Cissna, Coghill, Fate, Holm, Seaton, Weyhrauch Nays: Berkowitz, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Samuels, Stoltze, Whitaker, Wilson, Wolf Excused: Joule, Rokeberg, Williams Kapsner changed from "Yea" to "Nay". And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Gruenberg: Page 2, line 12: Delete "(b)(1)" Insert "(b)" Page 2, lines 13 - 22: Delete all material. Insert "clergy member who acquires knowledge of or reasonable cause to suspect child abuse or neglect during a confidential communication made to the clergy member in that individual's 2003-04-24 House Journal Page 1098 professional character as spiritual advisor. A communication is confidential if made privately and not intended by the non-clergy person for further disclosure." Page 2, line 24: Delete "(1)" Page 2, lines 27 - 29: Delete "; or (2) prevent a clergy member from reporting known or suspected child abuse or neglect" Representative Gruenberg moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Croft objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 92(JUD) Second Reading Amendment No. 2 YEAS: 8 NAYS: 29 EXCUSED: 3 ABSENT: 0 Yeas: Anderson, Berkowitz, Cissna, Gruenberg, Holm, Kott, Seaton, Weyhrauch Nays: Chenault, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Guttenberg, Harris, Hawker, Heinze, Kapsner, Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Samuels, Stoltze, Whitaker, Wilson, Wolf Excused: Joule, Rokeberg, Williams And so, Amendment No. 2 was not adopted. **Representative Cissna, who had been previously excused from a call of the House (page 1078), left the Chamber. 2003-04-24 House Journal Page 1099 Amendment No. 3 was offered by Representative Berkowitz: Page 2, line 20: Delete "canon law or" Representative Berkowitz moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Lynn objected. Representative Berkowitz moved and asked unanimous consent to withdraw Amendment No. 3. There being no objection, it was so ordered. New Amendment No. 3 was offered by Representative Berkowitz: Page 2, line 20: Delete "canon" Insert "religious" Representative Berkowitz moved and asked unanimous consent that New Amendment No. 3 be adopted. Representative Gara objected. Representative Berkowitz moved and asked unanimous consent to withdraw New Amendment No. 3. There being no objection, it was so ordered. Amendment No. 3 was again offered by Representative Berkowitz: Page 2, line 20: Delete "canon law or" Representative Berkowitz moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Coghill objected. Representative Masek placed a call of the House and lifted the call. 2003-04-24 House Journal Page 1100 Representative Coghill withdrew the objection. There being no further objection, Amendment No. 3 was adopted. Representative Coghill moved and asked unanimous consent that CSHB 92(JUD) am be considered engrossed, advanced to third reading, and placed on final passage. Objection was heard. CSHB 92(JUD) am will advance to third reading on tomorrow's calendar. HB 151 The following was read the second time: HOUSE BILL NO. 151 "An Act relating to claims and court actions for defects in the design, construction, and remodeling of certain dwellings; limiting when certain court actions may be brought; and amending Rules 79 and 82, Alaska Rules of Civil Procedure." with the: Journal Page L&C RPT CS(L&C) 7DP 707 FN1: ZERO(H.L&C/CED) 708 JUD RPT CS(JUD) 3DP 2NR 1004 FN1: ZERO(H.L&C/CED) 1004 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 151(JUD) (same title) There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that Representative Gara be excused from a call of the House today from 1:05 p.m. until 2:00 p.m. There being no objection, it was so ordered. 2003-04-24 House Journal Page 1101 Amendment No. 1 was offered by Representatives Gara, Meyer, and McGuire: Page 6, line 5: Delete all material. Insert ""Notice of Potential Claims Must Be Provided Within One Year." This form shall be contained on a separate page, and must be signed by the purchaser or purchaser's authorized representative. The signature of either spouse to a building or remodeling contract shall be deemed as authorization of both spouses." Representative Gara moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Wilson objected. Representative Wilson placed a call of the House and lifted the call. Representative Wilson withdrew the objection. There being no further objection, Amendment No. 1 was adopted. Representative Coghill moved and asked unanimous consent that CSHB 151(JUD) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 151(JUD) am was read the third time. Representative Berkowitz moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objection was heard, and Representative Berkowitz was required to vote. Representative Coghill moved and asked unanimous consent that Representative Rokeberg's previous excuse from a call of the House today (page 1096) be extended until 1:30 p.m. There being no objection, it was so ordered. **The presence of Representative Williams was noted. 2003-04-24 House Journal Page 1102 The question being: "Shall CSHB 151(JUD) am pass the House?" The roll was taken with the following result: CSHB 151(JUD) am Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, 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, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Cissna, Joule, Rokeberg And so, CSHB 151(JUD) am passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule changes. There being no objection, it was so ordered. CSHB 151(JUD) am was referred to the Chief Clerk for engrossment. **Representative Gara, who had been previously excused from a call of the House today (page 1100), left the Chamber. **The presence of Representative Rokeberg was noted. HB 256 The following was read the second time: HOUSE BILL NO. 256 "An Act relating to a dividend payment to the state made by the Alaska Housing Finance Corporation each fiscal year; and providing for an effective date." 2003-04-24 House Journal Page 1103 with the: Journal Page FIN RPT 7DP 3NR 1006 FN1: ZERO(REV) 1006 Representative Coghill moved and asked unanimous consent that HB 256 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 256 was read the third time. The question being: "Shall HB 256 pass the House?" The roll was taken with the following result: HB 256 Third Reading Final Passage YEAS: 35 NAYS: 1 EXCUSED: 3 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Nays: Masek Excused: Cissna, Gara, Joule Absent: Moses And so, HB 256 passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HB 256 was referred to the Chief Clerk for engrossment. 2003-04-24 House Journal Page 1104 THIRD READING OF HOUSE BILLS HB 177 The following, which was advanced to third reading from the April 23, 2003, calendar (page 1072), was read the third time: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 177(STA) "An Act relating to concealed handguns." The question being: "Shall CSSSHB 177(STA) pass the House?" The roll was taken with the following result: CSSSHB 177(STA) Third Reading Final Passage YEAS: 35 NAYS: 1 EXCUSED: 3 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Nays: Kerttula Excused: Cissna, Gara, Joule Absent: Moses And so, CSSSHB 177(STA) passed the House. Representative Berkowitz gave notice of reconsideration of the vote on CSSSHB 177(STA) and it was taken up later. SECOND READING OF HOUSE RESOLUTIONS HCR 16 The following was read the second time: 2003-04-24 House Journal Page 1105 HOUSE CONCURRENT RESOLUTION NO. 16 Proposing amendments to the Uniform Rules of the Alaska State Legislature providing that the 2000 edition of "Mason's Manual of Legislative Procedure" shall implement the rules; and providing for an effective date for the amendments. with the: Journal Page RLS RPT CS(RLS) NT 4DP 2NR 926 FN1: ZERO(LEG) 927 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE CONCURRENT RESOLUTION NO. 16(RLS) Proposing amendments to the Uniform Rules of the Alaska State Legislature providing that the 2000 edition of "Mason's Manual of Legislative Procedure" shall implement the rules; relating to meetings of subcommittees and conference committees; and providing for an effective date for the amendments. There being no objection, it was so ordered. The question being: "Shall CSHCR 16(RLS) pass the House?" The roll was taken with the following result: CSHCR 16(RLS) Second Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 3 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Cissna, Gara, Joule 2003-04-24 House Journal Page 1106 Absent: Moses And so, CSHCR 16(RLS) passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the resolution be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Berkowitz gave notice of reconsideration of the vote on CSHCR 16(RLS). 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 - Matthew Van Daele, Veterans of Foreign Wars, Voice of Democracy Alaska Department Winner By Representatives Ogg, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Commemorating - National Be Kind to Animals Week, May 4 - 10, 2003 By Representatives Meyer, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Masek, McGuire, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf CONCUR IN SENATE AMENDMENTS HJR 13 Representative Coghill moved and asked unanimous consent that the House consider the Senate message (page 1087) on the following at this time: 2003-04-24 House Journal Page 1107 CS FOR HOUSE JOINT RESOLUTION NO. 13(HES) Urging adoption of the Alaska recommendations for implementing the No Child Left Behind Act of 2001. and SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 13(HES) (same title) There being no objection, it was so ordered. Representative Coghill moved that the House concur in the Senate amendment to CSHJR 13(HES), thus adopting SCS CSHJR 13(HES), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHJR 13(HES)?" The roll was taken with the following result: SCS CSHJR 13(HES) Concur YEAS: 35 NAYS: 0 EXCUSED: 3 ABSENT: 2 Yeas: Anderson, Berkowitz, Chenault, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Cissna, Gara, Joule Absent: Kapsner, Moses And so, the House concurred in the Senate amendment, thus adopting SCS CSHJR 13(HES). The Chief Clerk notified the Senate. SCS CSHJR 13(HES) was referred to the Chief Clerk for enrollment. 2003-04-24 House Journal Page 1108 UNFINISHED BUSINESS HB 250 The Speaker added a Finance Committee referral to follow the State Affairs Committee referral for the following: HOUSE BILL NO. 250 "An Act relating to protests of state contract awards, to claims on state contracts, to the arbitration of certain state construction contract claims, and to hearings and appeals under the State Procurement Code; making conforming amendments in the State Procurement Code; and providing for an effective date." HB 250 is in the State Affairs Committee. HB 277 The Speaker added a Resources Committee referral to precede the Labor & Commerce Committee referral for the following: HOUSE BILL NO. 277 "An Act relating to the powers of the Regulatory Commission of Alaska in regard to intrastate pipeline transportation services and pipeline facilities, to the rate of interest for funds to be paid by pipeline shippers or carriers at the end of a suspension of tariff filing, and to the prospective application of increased standards on regulated pipeline utilities; allowing the commission to accept rates set in conformity with a settlement agreement between the state and one or more pipeline carriers and to enforce the terms of a settlement agreement in regard to intrastate rates; and providing for an effective date." HB 277 is in the House Special Committee on Oil & Gas. HB 99 The Speaker added a Finance Committee referral to follow the Labor & Commerce Committee referral for the following: HOUSE BILL NO. 99 "An Act relating to insurance for and work on certain motor vehicle repairs; and providing for an effective date." 2003-04-24 House Journal Page 1109 HB 99 is in the Transportation Committee. SB 49 The Speaker waived the State Affairs Committee referral for the following at the request of Representative Weyhrauch, Chair: CS FOR SENATE BILL NO. 49(STA) "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." CSSB 49(STA) was removed from the State Affairs Committee and referred to the Judiciary Committee. **The presence of Representative Gara was noted. RECONSIDERATION HB 177 Representative Croft moved and asked unanimous consent that reconsideration of CSSSHB 177(STA) be taken up on the same day. There being no objection, it was so ordered. The following was again before the House in third reading: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 177(STA) "An Act relating to concealed handguns." The question to be reconsidered: "Shall CSSSHB 177(STA) pass the House?" The roll was taken with the following result: CSSSHB 177(STA)--RECONSIDERATION Third Reading Final Passage YEAS: 34 NAYS: 1 EXCUSED: 2 ABSENT: 3 2003-04-24 House Journal Page 1110 Yeas: Anderson, Chenault, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Nays: Kerttula Excused: Cissna, Joule Absent: Berkowitz, Kookesh, Moses And so, CSSSHB 177(STA) passed the House on reconsideration and was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HJR 4 Representative Kohring added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 4 Proposing an amendment to the Constitution of the State of Alaska relating to the duration of a regular session. HB 92 Representative Wilson removed her name as cosponsor to: CS FOR HOUSE BILL NO. 92(JUD) am "An Act relating to reports by members of the clergy who have reasonable cause to suspect that a child has suffered harm as a result of child abuse or neglect." HB 151 Representative Lynn added his name as cosponsor to: CS FOR HOUSE BILL NO. 151(JUD) am "An Act relating to claims and court actions for defects in the design, construction, and remodeling of certain dwellings; limiting when certain court actions may be brought; and amending Rules 79 and 82, Alaska Rules of Civil Procedure." 2003-04-24 House Journal Page 1111 HB 177 Representatives Crawford and Guttenberg added their names as cosponsors to: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 177(STA) "An Act relating to concealed handguns." HB 198 Representative Wolf added his name as cosponsor to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 198 "An Act providing for a reduction of royalty on certain oil produced from Cook Inlet submerged land." HB 233 Representatives Anderson and McGuire added their names as cosponsors to: HOUSE BILL NO. 233 "An Act relating to the base student allocation used in the formula for state funding of public education; and providing for an effective date." HB 260 Representative Anderson added his name as cosponsor to: HOUSE BILL NO. 260 "An Act relating to immunity for free health care services provided by certain health care providers; and providing for an effective date." ENGROSSMENT HB 151 CSHB 151(JUD) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2003-04-24 House Journal Page 1112 HB 177 CSSSHB 177(STA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 256 HB 256 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meetings today have been changed as indicated: Transportation Committee CHANGED TO: 2:00 p.m., 4/24 House Special Committee on Military & Veterans' Affairs CANCELED: 3:00 p.m., 4/24 ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 10:45 a.m., April 25, 2003. There being no objection, the House adjourned at 1:32 p.m. Suzi Lowell Chief Clerk