Legislature(2003 - 2004)
2003-05-16 House Journal
Full Journal pdf2003-05-16 House Journal Page 1721 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- FIRST SESSION Juneau, Alaska Friday May 16, 2003 One Hundred Sixteenth Day Pursuant to adjournment the House was called to order by Speaker Kott at 11:09 a.m. Roll call showed 31 members present. Representative Joule had been previously excused from a call of the House today. Representatives Foster, Guttenberg, Holm, Kapsner, McGuire, Moses, and Wilson were absent and their presence was noted later. Representative Coghill moved and asked unanimous consent that Representative Croft be excused from a call of the House from 8:00 a.m., May 16 to adjournment May 21, 2003. This excused absence will be ongoing and the term of the excused absence will not be canceled by the presence of Representative Croft on the House floor. However, when present on the floor, he will be shown as present and will be required to vote. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Pastor Gary Waterhouse of Juneau and Sitka Seventh-day Adventist Churches. Representative Meyer moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. O God, You have truly been good to us. You have prospered our land. You have opened up Your heart to us in love, You have forgiven us when we have wandered from You. You have adopted us as Your sons and daughters. You always give us what is best for us, though we do not always recognize it at the time. You hear our cries and complaints and You respond with mercy and strength. You have not always 2003-05-16 House Journal Page 1722 shielded us from pain or trouble or conflict, but You have kept us even in the middle of sorrow and suffering. And we know that You will fulfill Your purposes in our lives. Today as we begin another day with many hours of work ahead of us, we pray that we may think clearly, act wisely, work diligently, serve humbly, learn eagerly, focus sharply, give generously, and live unselfishly. In Thy name we pray, Amen. The Pledge of Allegiance was led by Pastor Waterhouse. MESSAGES FROM THE SENATE A message dated May 16, 2003, was read stating the Senate has accepted the House invitation to meet in joint session at 3:00 p.m., May 18, 2003, to consider confirmation of the Governor's appointments. HCR 17 A message dated May 15, 2003, was read stating the Senate has passed: HOUSE CONCURRENT RESOLUTION NO. 17 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 25, relating to the acquisition of teachers' housing by regional educational attendance areas and to teachers' housing loan programs in the Alaska Housing Finance Corporation. HCR 17 was referred to the Chief Clerk for enrollment. **The presence of Representative Moses was noted. HB 120 A message dated May 15, 2003, was read stating the Senate has passed: 2003-05-16 House Journal Page 1723 CS FOR HOUSE BILL NO. 120(RLS) am "An Act excluding service contracts from regulation as insurance; relating to insurance licensing for motor vehicle service contracts and home warranties; and providing for an effective date." CSHB 120(RLS) am was referred to the Chief Clerk for enrollment. HB 191 A message dated May 15, 2003, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 191(FIN) am "An Act relating to the Alaska coastal management program and to policies and procedures for consistency reviews and the rendering of consistency determinations under that program; eliminating the Alaska Coastal Policy Council; annulling certain regulations relating to the Alaska coastal management program; and providing for an effective date." CSHB 191(FIN) am was referred to the Chief Clerk for enrollment. HB 250 A message dated May 15, 2003, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 250(FIN) "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." CSHB 250(FIN) was referred to the Chief Clerk for enrollment. SJR 10 A message dated May 15, 2003, was read stating the Senate has concurred in the House amendment to SJR 10, thus adopting: HOUSE CS FOR SENATE JOINT RESOLUTION NO. 10(JUD) Relating to the Pledge of Allegiance. 2003-05-16 House Journal Page 1724 SB 25 A message dated May 15, 2003, was read stating the Senate has concurred in the House amendment to: CS FOR SENATE BILL NO. 25(FIN) "An Act relating to the acquisition of teachers' housing by regional educational attendance areas and to teachers' housing loan programs in the Alaska Housing Finance Corporation; and providing for an effective date." thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 25(RLS) "An Act relating to the acquisition of teachers' housing by regional educational attendance areas and to a teacher housing loan program and a teachers' and nurses' housing loan program in the Alaska Housing Finance Corporation; and providing for an effective date." (HCR 17 - title change resolution) **The presence of Representatives Holm and McGuire was noted. SB 124 A message dated May 15, 2003, was read stating the Senate has concurred in the House amendment to SB 124(efd fld), thus adopting: HOUSE CS FOR SENATE BILL NO. 124(FIN)(efd fld) "An Act relating to grants for alcoholism and drug abuse programs." **The presence of Representative Guttenberg was noted. Messages dated May 15 and 16, 2003, were read stating the Senate has passed the following and they are transmitted for consideration: 2003-05-16 House Journal Page 1725 FIRST READING AND REFERENCE OF SENATE BILLS SB 8 CS FOR SENATE BILL NO. 8(JUD) by the Senate Judiciary Committee, entitled: "An Act relating to tampering with public records." was read the first time and referred to the Judiciary Committee. **The presence of Representative Wilson was noted. SB 26 CS FOR SENATE BILL NO. 26(STA) by the Senate State Affairs Committee, entitled: "An Act relating to state employees who are called to active duty as reserve or auxiliary members of the armed forces of the United States; and providing for an effective date." was read the first time and referred to the State Affairs Committee. SB 30 CS FOR SENATE BILL NO. 30(JUD) am by the Senate Judiciary Committee, entitled: "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." was read the first time and referred to the Health, Education & Social Services, Judiciary, and Finance Committees. SB 100 CS FOR SENATE BILL NO. 100(FIN)(brf sup maj fld)(efd fld) by the Senate Finance Committee, entitled: 2003-05-16 House Journal Page 1726 "An Act making capital appropriations, supplemental appropriations, and reappropriations; capitalizing funds; and making other appropriations." was read the first time and referred to the Finance Committee. SB 102 CS FOR SENATE BILL NO. 102(L&C) am(efd fld) by thte Senate Labor & Commerce Committee, entitled: "An Act increasing the amount of revenue received by the state from charitable gaming activities, and relating to taxes on pull- tabs." was read the first time and referred to the Finance Committee. SB 183 CS FOR SENATE BILL NO. 183(STA) by the Senate State Affairs Committee, entitled: "An Act authorizing certain boroughs to use revenue collected on an areawide or nonareawide basis for economic development." was read the first time and referred to the Community & Regional Affairs Committee. **The presence of Representative Foster was noted. REPORTS OF STANDING COMMITTEES HCR 19 The Health, Education & Social Services Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 19 Urging implementation of an Alaska history curriculum in public schools. The report was signed by Representative Wilson, Chair, with the following individual recommendations: 2003-05-16 House Journal Page 1727 Do pass (5): Cissna, Coghill, Wolf, Kapsner, Wilson No recommendation (1): Seaton Amend (1): Gatto The following fiscal note(s) apply: 1. Zero, House Health, Education & Social Services Committee HCR 19 was referred to the House Special Committee on Education. SB 106 The Finance Committee has considered: CS FOR SENATE BILL NO. 106(FIN)(efd fld) "An Act relating to tires." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 106(FIN) (same title) The report was signed by Representatives Harris and Williams, Co- chairs, with the following individual recommendations: Do pass (5): Hawker, Whitaker, Foster, Harris, Williams Do not pass (3): Kerttula, Berkowitz, Moses No recommendation (2): Meyer, Stoltze The following fiscal note(s) apply to HCS CSSB 106(FIN): 2. Fiscal, Dept. of Revenue CSSB 106(FIN)(efd fld) was referred to the Rules Committee for placement on the calendar. 2003-05-16 House Journal Page 1728 INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 326 HOUSE BILL NO. 326 by Representative Fate, entitled: "An Act related to tax credits for taxes related to certain business losses." was read the first time and referred to the Labor & Commerce and Finance Committees. HB 327 HOUSE BILL NO. 327 by Representative Holm, entitled: "An Act relating to the powers and duties of the Department of Transportation and Public Facilities; and repealing a requirement that public facilities comply with energy standards adopted by the Department of Transportation and Public Facilities." was read the first time and referred to the Transportation and State Affairs Committees. The Speaker stated that, without objection, the House would recess for a Majority Caucus and a Minority Caucus; and so, the House recessed at 11:33 a.m. AFTER RECESS The Speaker called the House back to order at 5:36 p.m. The Speaker stated that, without objection, the House would revert to: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 15 SENATE CONCURRENT RESOLUTION NO. 15 by the Senate Finance Committee: 2003-05-16 House Journal Page 1729 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 229, relating to special medical parole and to prisoners who are severely medically or cognitively disabled. was read the first time and referred to the Rules Committee. FIRST READING AND REFERENCE OF SENATE BILLS SB 117 CS FOR SENATE BILL NO. 117(FIN) by the Senate Finance Committee, entitled: "An Act relating to the longevity bonus program; and providing for an effective date." was read the first time and referred to the Finance Committee. SB 119 CS FOR SENATE BILL NO. 119(FIN)(efd fld) by the Senate Finance Committee, entitled: "An Act authorizing the Alaska Public Offices Commission to issue advisory opinions; amending campaign financial disclosure and reporting requirements, campaign contribution limits, provisions related to contributions after elections, and provisions related to unused campaign contributions; providing for expedited consideration of, and modifying procedures for determining, violations of state election campaign laws; amending the time period within which to file an administrative complaint of a violation of state election campaign laws; amending the definitions of 'express communication' and 'political party' for state election campaigns; amending the registration fee for lobbyists; providing for increased use of electronic filing for reports to the Alaska Public Offices Commission; adding a definition of 'commission' in the regulation of lobbying laws; amending the requirements for the reporting of financial interests by public officials; adding a definition of 'domestic partner' in the legislative ethics code and in the public official financial 2003-05-16 House Journal Page 1730 disclosure requirements; allowing classified employees to take an active part in political party management; and making conforming amendments." was read the first time and referred to the Finance Committee. SB 185 CS FOR SENATE BILL NO. 185(FIN) by the Senate Finance Committee, entitled: "An Act providing for a reduction of royalty on certain oil produced from Cook Inlet submerged land, and for a credit for certain exploration expenses against oil and gas properties production taxes on oil and gas produced from a lease or property in the state." was read the first time and referred to the House Special Committee on Oil & Gas. SB 202 CS FOR SENATE BILL NO. 202(FIN) by the Senate Finance Committee, entitled: "An Act relating to school transportation; relating to the base student allocation used in the formula for state funding of public education; and providing for an effective date." was read the first time and referred to the Finance Committee. SB 213 CS FOR SENATE BILL NO. 213(FIN)(efd fld) by the Senate Finance Committee, entitled: "An Act establishing the Knik Arm Bridge and Toll Authority and relating to that authority." was read the first time and referred to the Finance Committee. 2003-05-16 House Journal Page 1731 REPORTS OF STANDING COMMITTEES HB 158 The State Affairs Committee has considered: HOUSE BILL NO. 158 "An Act eliminating the longevity bonus program and making related conforming changes; and providing for an effective date." The report was signed by Representative Weyhrauch, Chair, with the following individual recommendations: Do pass (1): Weyhrauch Do not pass (5): Seaton, Gruenberg, Dahlstrom, Crawford, Lynn No recommendation (1): Holm The following fiscal note(s) apply: 1. Fiscal, Dept. of Administration HB 158 was referred to the Finance Committee. HB 196 The Resources Committee has considered: HOUSE BILL NO. 196 "An Act relating to carbon sequestration; and providing for an effective date." and recommends it be replaced with a forthcoming Resources Committee CS. The report was signed by Representative Fate, Chair, with the following individual recommendations: Do pass (4): Heinze, Guttenberg, Cissna, Fate 2003-05-16 House Journal Page 1732 Do not pass (1): Wolf No recommendation (2): Morgan, Gatto The following fiscal note(s) apply to CSHB 196(RES): 1. Fiscal, Dept. of Natural Resources HB 196 was referred to the Finance Committee. HB 272 The State Affairs Committee has considered: HOUSE BILL NO. 272 "An Act relating to motor vehicle dealers." and recommends it be replaced with a forthcoming State Affairs Committee CS. The report was signed by Representative Weyhrauch, Chair, with the following individual recommendations: Do pass (3): Crawford, Lynn, Weyhrauch No recommendation (1): Holm Amend (3): Dahlstrom, Gruenberg, Seaton The following fiscal note(s) apply to CSHB 272(STA): 1. Zero, Dept. of Law HB 272 was referred to the Rules Committee for placement on the calendar. HB 293 The Finance Committee has considered: 2003-05-16 House Journal Page 1733 HOUSE BILL NO. 293 "An Act levying and collecting a state sales and use tax; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 293(FIN) "An Act relating to a state sales and use tax; relating to taxes levied by cities and boroughs; providing authority to the Department of Revenue to enter into the Streamlined Sales and Use Tax Agreement; relating to the motor fuel tax; relating to the definition of 'taxpayer'; relating to the rate of interest on delinquent taxes and overpayments of taxes; and providing for an effective date." The report was signed by Representatives Harris and Williams, Co- chairs, with the following individual recommendations: Do pass (3): Hawker, Whitaker, Williams Do not pass (4): Kerttula, Berkowitz, Chenault, Foster No recommendation (4): Meyer, Stoltze, Harris, Moses The following fiscal note(s) apply to CSHB 293(FIN): 2. Fiscal, Dept. of Revenue 3. Fiscal, Dept. of Law HB 293 is on today's calendar. SB 41 The Finance Committee has considered: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 41(FIN) "An Act relating to medical care and crimes relating to medical care, including medical care and crimes relating to the medical 2003-05-16 House Journal Page 1734 assistance program, catastrophic illness assistance, and medical assistance for chronic and acute medical conditions." The report was signed by Representatives Harris and Williams, Co- chairs, with the following individual recommendations: Do pass (7): Meyer, Hawker Whitaker, Stoltze, Foster, Harris, Williams No recommendation (2): Berkowitz, Kerttula The following fiscal note(s) apply: Fiscal note(s) forthcoming. CSSSSB 41(FIN) was referred to the Rules Committee for placement on the calendar. SB 149 The Resources Committee has considered: CS FOR SENATE BILL NO. 149(RES) "An Act relating to timber, to the sale of timber by the state, and to the management of state forests." The report was signed by Representative Fate, Chair, with the following individual recommendations: Do pass (2): Heinze, Fate Do not pass (2): Guttenberg, Cissna No recommendation (2): Morgan, Wolf Amend (1): Gatto The following fiscal note(s) apply: 1. Zero, Dept. of Natural Resources 2003-05-16 House Journal Page 1735 CSSB 149(RES) was referred to the Finance Committee. SB 192 The Finance Committee has considered: CS FOR SENATE BILL NO. 192(L&C) "An Act relating to teachers and training programs in the Department of Labor and Workforce Development, to the placement in the exempt service of certified teachers employed by the Department of Labor and Workforce Development, to their eligibility to participate in the Teachers' Retirement System of Alaska, and to the functions of the Alaska Workforce Investment Board regarding the Kotzebue Technical Center and the Alaska Vocational Technical Center; relating to local workforce investment areas and boards; repealing the business incentive training program; and providing for an effective date." The report was signed by Representatives Harris and Williams, Co- chairs, with the following individual recommendations: Do pass (5): Hawker, Foster, Meyer, Harris, Williams No recommendation (3): Stoltze, Kerttula, Moses The following fiscal note(s) apply: 3. Fiscal, Dept. of Labor & Workforce Development CSSB 192(L&C) was referred to the Rules Committee for placement on the calendar. SB 216 The Finance Committee has considered: SENATE BILL NO. 216 "An Act relating to international airports revenue bonds; and providing for an effective date." 2003-05-16 House Journal Page 1736 The report was signed by Representatives Harris and Williams, Co- chairs, with the following individual recommendations: Do pass (4): Meyer, Foster, Harris, Williams No recommendation (6): Hawker, Stoltze, Kerttula, Berkowitz, Moses, Chenault The following fiscal note(s) apply: 1. Fiscal, Dept. of Revenue SB 216 was referred to the Rules Committee for placement on the calendar. **Representative Coghill moved and asked unanimous consent that the following member be excused from a call of the House. There being no objection, the member was excused as noted: Representative Kookesh - from 6:00 p.m. to midnight tonight REPORTS OF SPECIAL COMMITTEES HB 22 The House Special Committee on Fisheries has considered: HOUSE BILL NO. 22 "An Act relating to commercial fishing permit brokers; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 22(FSH) "An Act relating to brokers of commercial fishing permits, quota shares, and commercial fishing vessels; to the transfer of commercial fishing permits; amending Rule 82, Alaska Rules of Civil Procedure, and Rule 508, Alaska Rules of Appellate Procedure; and providing for an effective date." 2003-05-16 House Journal Page 1737 The report was signed by Representative Seaton, Chair, with the following individual recommendations: Do pass (2): Wilson, Seaton No recommendation (2): Ogg, Samuels The following fiscal note(s) apply to CSHB 22(FSH): 1. Zero, Dept. of Fish & Game 2. Zero, Dept. of Revenue 3. Fiscal, Dept. of Community & Economic Development HB 22 was referred to the Resources Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 216 The following was read the second time: HOUSE BILL NO. 216 "An Act relating to municipal taxation of refined fuel products." with the: Journal Page CRA RPT CS(CRA) NT 2DP 2NR 1005 FN1: ZERO(CED) 1006 FN2: ZERO(REV) 1006 FIN RPT CS(FIN) NT 7DP 3NR 1678 FN2: ZERO(REV) 1678 FN3: ZERO(CED) 1678 FN4: ZERO(CED) 1678 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 2003-05-16 House Journal Page 1738 CS FOR HOUSE BILL NO. 216(FIN) "An Act relating to and limiting municipal taxation of refined fuel and wholesale sales of fuel, and to the bulk fuel revolving loan fund." There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 216(FIN) be considered engrossed, advanced to third reading, and placed on final passage. Representative Croft objected. CSHB 216(FIN) will advance to third reading on tomorrow's calendar. HB 230 The following was read the second time: HOUSE BILL NO. 230 "An Act relating to political signs on private property." with the: Journal Page TRA RPT CS(TRA) 4DP 2NR 1386 FN1: ZERO(DOT) 1387 STA RPT CS(STA) 3DP 3NR 1557 FN1: ZERO(DOT) 1557 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. 230(STA) (same title) There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 230(STA) be considered engrossed, advanced to third reading, and placed on final passage. 2003-05-16 House Journal Page 1739 Objection was heard. CSHB 230(STA) will advance to third reading on tomorrow's calendar. HB 267 The following was read the second time: HOUSE BILL NO. 267 "An Act relating to the Alaska Railroad; authorizing the Alaska Railroad Corporation to provide financing for the acquisition, construction, improvement, maintenance, equipping, or operation of facilities for the transportation of natural gas resources within and outside the state by others; authorizing the Alaska Railroad Corporation to issue bonds to finance those facilities; and providing for an effective date." with the: Journal Page O&G RPT 5DP 1NR 1126 FN1: (CED) 1126 RES RPT 3DP 4NR 1AM 1452 FN1: (CED) 1452 FIN RPT CS(FIN) NT 10 DP 1679 FN1: (CED) 1680 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. 267(FIN) "An Act authorizing the Alaska Railroad Corporation to provide financing for the acquisition, construction, improvement, maintenance, equipping, and operation of a natural gas pipeline and related facilities for the transportation of natural gas recovered from the North Slope of this state; authorizing the Alaska Railroad Corporation to issue bonds to finance those facilities; and providing for an effective date." There being no objection, it was so ordered. 2003-05-16 House Journal Page 1740 Representative Coghill moved and asked unanimous consent that CSHB 267(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 267(FIN) was read the third time. The question being: "Shall CSHB 267(FIN) pass the House?" The roll was taken with the following result: CSHB 267(FIN) Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 1 ABSENT: 4 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, Meyer, Morgan, Moses, Ogg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Joule Absent: Anderson, Kapsner, McGuire, Rokeberg And so, CSHB 267(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. CSHB 267(FIN) was referred to the Chief Clerk for engrossment. HB 293 The following was read the second time: HOUSE BILL NO. 293 "An Act levying and collecting a state sales and use tax; and providing for an effective date." 2003-05-16 House Journal Page 1741 with the: Journal Page W&M RPT CS(W&M) 2DP 3DNP 1NR 3A 1561 CS(W&M) NT RECEIVED 1617 FN1: (REV) 1618 FIN RPT CS(FIN) NT 3DP 5DNP 3NR 1730 FN2: (REV) 1731 FN3: (LAW) 1731 The Speaker stated that, without objection, HB 293 would be moved to the bottom of the calendar. There being no objection, it was so ordered. **Representative Kookesh, who had been previously excused (page 1736), left the Chamber. HB 295 The following was read the second time: HOUSE BILL NO. 295 "An Act relating to the publishing and furnishing of certain public notices regarding regulations or rules of certain state agencies; relating to distribution of the Alaska Administrative Code, Alaska Administrative Register, and supplements to the code or register; and providing for an effective date." with the: Journal Page STA RPT CS(STA) NT 4DP 3NR 1626 FN2: (GOV/ALL DEPTS) 1627 FIN RPT CS(STA) NT 4DP 1DNP 4NR 1AM 1680 FN1: INDETERMINATE(GOV/ALL DEPTS) 1681 FN2: (GOV/ALL DEPTS) 1681 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. 295(STA) "An Act relating to the publishing, furnishing, and contents of certain notices regarding regulations or rules of certain state 2003-05-16 House Journal Page 1742 agencies and entities; relating to distribution of the Alaska Administrative Code, Alaska Administrative Register, and supplements to the code or register; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Fate: Page 5, lines 16 - 19: Delete all material. Renumber the remaining bill sections accordingly. Representative Fate moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Weyhrauch objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 295(STA) Second Reading Amendment No. 1 YEAS: 25 NAYS: 10 EXCUSED: 2 ABSENT: 3 Yeas: Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gruenberg, Guttenberg, Harris, Heinze, Holm, Kerttula, Kohring, Kott, Lynn, Masek, McGuire, Morgan, Moses, Ogg, Wilson, Wolf Nays: Chenault, Gatto, Hawker, Meyer, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams Excused: Joule, Kookesh Absent: Anderson, Kapsner, Rokeberg Gatto changed from "Yea" to "Nay". Stoltze changed from "Yea" to "Nay". And so, Amendment No. 1 was adopted. 2003-05-16 House Journal Page 1743 Amendment No. 2 was offered by Representative Berkowitz: Page 5, lines 10 - 15: Delete all material. Page 6, line 21 through page 7, line 27: Delete all material. Renumber the remaining bill sections accordingly. Representative Berkowitz moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Weyhrauch objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 295(STA) am Second Reading Amendment No. 2 YEAS: 8 NAYS: 27 EXCUSED: 2 ABSENT: 3 Yeas: Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Kerttula Nays: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Heinze, Holm, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Joule, Kookesh Absent: Kapsner, Kohring, Moses And so, Amendment No. 2 was not adopted. Representative Coghill moved and asked unanimous consent that CSHB 295(STA) am be considered engrossed, advanced to third reading, and placed on final passage. Representative Berkowitz objected. 2003-05-16 House Journal Page 1744 CSHB 295(STA) am will advance to third reading on tomorrow's calendar. HB 305 The following was read the second time: HOUSE BILL NO. 305 "An Act relating to the calculation and payment of unemployment compensation benefits; and providing for an effective date." with the: Journal Page L&C RPT 4DP 2NR 1536 FN1: ZERO(LWF) 1536 FIN RPT 6DP 3NR 1681 FN1: ZERO(LWF) 1682 Representative Coghill moved and asked unanimous consent that HB 305 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 305 was read the third time. The question being: "Shall HB 305 pass the House?" The roll was taken with the following result: HB 305 Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 2 ABSENT: 3 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kerttula, Kott, Lynn, Masek, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Joule, Kookesh Absent: Kapsner, Kohring, McGuire And so, HB 305 passed the House. 2003-05-16 House Journal Page 1745 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 305 was referred to the Chief Clerk for engrossment. HB 111 The following, which is on today's calendar, is in the Judiciary Committee: HOUSE BILL NO. 111 "An Act extending the termination date of the Regulatory Commission of Alaska; and providing for an effective date." SECOND READING OF SENATE BILLS SB 71 The following was read the second time: CS FOR SENATE BILL NO. 71(TRA) "An Act relating to funding for transportation projects; and providing for an effective date." with the: Journal Page TRA RPT 2DP 2NR 1475 FN1: ZERO(DOT) 1476 FIN RPT HCS(FIN) 8DP 1NR 2AM 1593 FN1: ZERO(DOT) 1594 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. 71(FIN) (same title) There being no objection, it was so ordered. 2003-05-16 House Journal Page 1746 Representative Coghill moved and asked unanimous consent that HCS CSSB 71(FIN) be considered engrossed, advanced to third reading, and placed on final passage. Representative Coghill moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. **The presence of Representative Kapsner was noted. Amendment No. 1 was offered by Representative Berkowitz: Page 2, lines 6 - 9: Delete all material. Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Rokeberg objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 71(FIN) Second Reading Amendment No. 1 YEAS: 9 NAYS: 21 EXCUSED: 2 ABSENT: 8 Yeas: Berkowitz, Cissna, Crawford, Croft, Gruenberg, Guttenberg, Kapsner, Kerttula, Moses Nays: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek, Meyer, Morgan, Rokeberg, Samuels, Weyhrauch, Whitaker, Wilson Excused: Joule, Kookesh Absent: Gara, Harris, McGuire, Ogg, Seaton, Stoltze, Williams, Wolf And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Cissna: 2003-05-16 House Journal Page 1747 Page 1, line 9: Delete "two percent" Insert "four percent" Representative Cissna moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Rokeberg objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 71(FIN) Second Reading Amendment No. 2 YEAS: 9 NAYS: 22 EXCUSED: 2 ABSENT: 7 Yeas: Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Kapsner, Kerttula, Moses Nays: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Heinze, Holm, Kohring, Kott, Lynn, Masek, Meyer, Morgan, Ogg, Rokeberg, Samuels, Stoltze, Whitaker, Wilson Excused: Joule, Kookesh Absent: Berkowitz, Hawker, McGuire, Seaton, Weyhrauch, Williams, Wolf And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Kerttula: Page 2, following line 9, insert a new section to read: "* Sec. 2. AS 19.15.025 is repealed October 1, 2008." Renumber the remaining bill section. Representative Kerttula moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Rokeberg objected. 2003-05-16 House Journal Page 1748 The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HCS CSSB 71(FIN) Second Reading Amendment No. 3 YEAS: 9 NAYS: 24 EXCUSED: 2 ABSENT: 5 Yeas: Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Kapsner, Kerttula, Moses Nays: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek, Meyer, Morgan, Ogg, Rokeberg, Samuels, Stoltze, Whitaker, Williams, Wilson Excused: Joule, Kookesh Absent: Berkowitz, McGuire, Seaton, Weyhrauch, Wolf And so, Amendment No. 3 was not adopted. Representative Coghill moved and asked unanimous consent that HCS CSSB 71(FIN) be considered engrossed, advanced to third reading, and placed on final passage. Objection was heard. CSSB 71(FIN) will advance to third reading on tomorrow's calendar. SB 210 The following was read the second time: SENATE BILL NO. 210 "An Act regarding the computation of overtime compensation by employers before June 2, 1999; and providing for an effective date." with the: Journal Page L&C RPT 7DP 1595 FN1: ZERO(LWF) 1595 2003-05-16 House Journal Page 1749 Representative Coghill moved and asked unanimous consent that SB 210 be considered engrossed, advanced to third reading, and placed on final passage. Objection was heard. SB 210 will advance to third reading on tomorrow's calendar. SB 128 The following was read the second time: CS FOR SENATE BILL NO. 128(FIN) am "An Act relating to licensing common carriers to dispense alcoholic beverages; and providing for an effective date." with the: Journal Page FIN RPT 5DP 2NR 3AM 1682 FN2: (REV) 1682 Representative Coghill moved and asked unanimous consent that CSSB 128(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. Objection was heard. CSSB 128(FIN) am will advance to third reading on tomorrow's calendar. THIRD READING OF HOUSE BILLS HB 199 The following, which was advanced to third reading from the May 15, 2003, calendar (page 1692), was read the third time: HOUSE BILL NO. 199 "An Act removing the annual adjustment to the minimum wage based on the rate of inflation; and providing for an effective date." 2003-05-16 House Journal Page 1750 Representative Coghill placed a call of the House. The Speaker stated the call was satisfied. The question being: "Shall HB 199 pass the House?" The roll was taken with the following result: HB 199 Third Reading Final Passage YEAS: 24 NAYS: 14 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Hawker, Heinze, Holm, Kohring, Kott, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Stoltze, Whitaker, Williams, Wilson, Wolf Nays: Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Harris, Kapsner, Kerttula, Masek, Moses, Seaton, Weyhrauch Excused: Joule, Kookesh And so, HB 199 passed the House. Representative Coghill moved that the effective date clause be adopted. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: HB 199 Third Reading Effective Date YEAS: 28 NAYS: 10 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Chenault, Coghill, Croft, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf 2003-05-16 House Journal Page 1751 Nays: Berkowitz, Cissna, Crawford, Gara, Gruenberg, Guttenberg, Kapsner, Kerttula, Masek, Moses Excused: Joule, Kookesh And so, the effective date clause was adopted. Representative Berkowitz gave notice of reconsideration of the vote on HB 199. HB 162 The following, which was advanced to third reading from the May 15, 2003, calendar (page 1697), was read the third time: CS FOR HOUSE BILL NO. 162(RLS) am "An Act relating to fees adopted by the Department of Natural Resources under AS 44.37.025 or 44.37.027 and to business license fee; and providing for an effective date." Representative Rokeberg moved and asked unanimous consent that that CSHB 162(RLS) am be returned to second reading for the specific purpose of rescinding previous action in adopting Amendment No. 2. Representative Berkowitz objected and withdrew the objection. There being no further objection, CSHB 162(RLS) am was returned to second reading. Representative Rokeberg moved and asked unanimous consent that the House rescind previous action in adopting Amendment No. 2. Objection was heard. The question being: "Shall the House rescind previous action in adopting Amendment No. 2?" The roll was taken with the following result: CSHB 162(RLS) am Second Reading Rescind Previous Action/Amendment No. 2 YEAS: 27 NAYS: 10 EXCUSED: 2 ABSENT: 1 2003-05-16 House Journal Page 1752 Yeas: Anderson, Chenault, Coghill, Dahlstrom, Fate, 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, Kapsner, Kerttula, Moses Excused: Joule, Kookesh Absent: Foster And so, the motion passed. Amendment No. 2 (page 1695) was before the House. Representative Coghill placed a call of the House. The call was satisfied. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 162(RLS) am Second Reading Amendment No. 2 YEAS: 11 NAYS: 27 EXCUSED: 2 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Kapsner, Kerttula, Kohring, Stoltze Nays: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Heinze, Holm, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Joule, Kookesh And so, Amendment No. 2 was not adopted. The Speaker stated that the call would extend to the second floor. The Speaker stated that the House would stand at ease; and so, the House stood at ease at 7:43 p.m. 2003-05-16 House Journal Page 1753 AFTER AT EASE The Speaker called the House back to order at 9:11 p.m. THIRD READING OF HOUSE BILLS (Continued) HB 162 The question being: "Shall CSHB 162(RLS) am pass the House?" The roll was taken with the following result: CSHB 162(RLS) am Third Reading Final Passage YEAS: 26 NAYS: 11 EXCUSED: 3 ABSENT: 0 Yeas: Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Heinze, Holm, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wolf Nays: Anderson, Berkowitz, Cissna, Crawford, Gara, Gruenberg, Guttenberg, Kapsner, Kerttula, Kohring, Wilson Excused: Croft, Joule, Kookesh And so, CSHB 162(RLS) am passed the House. Representative Coghill moved that the effective date clause be adopted. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 162(RLS) am Third Reading Effective Date YEAS: 28 NAYS: 9 EXCUSED: 3 ABSENT: 0 Yeas: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, 2003-05-16 House Journal Page 1754 Weyhrauch, Whitaker, Williams, Wilson, Wolf Nays: Berkowitz, Cissna, Crawford, Gara, Gruenberg, Guttenberg, Kapsner, Kerttula, Moses Excused: Croft, Joule, Kookesh And so, the effective date clause was adopted. Representative Foster gave notice of reconsideration of the vote on CSHB 162(RLS) am. **Representative Coghill moved and asked unanimous consent that Representative Moses be excused from a call of the House today. There being no objection, it was so ordered. HB 246 The following, which was advanced to third reading from the May 15, 2003, calendar (page 1692), was read the third time: CS FOR HOUSE BILL NO. 246(RES) "An Act relating to oil and gas, to certain audits regarding oil and gas royalty and net profits, to audits regarding costs relating to exploration incentive credits and oil and gas exploration licenses, and to the limitation on upland acreage that a person may take or hold under oil and gas leases; and providing for an effective date." Title Amendment was offered by Representative Kerttula: Page 1, line 1, following "relating": Delete "to oil and gas," Representative Kerttula moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Fate objected and withdrew the objection. There being no further objection, it was so ordered and the new title follows: CS FOR HOUSE BILL NO. 246(RES)(title am) "An Act relating to certain audits regarding oil and gas royalty and net profits, to audits regarding costs relating to exploration 2003-05-16 House Journal Page 1755 incentive credits and oil and gas exploration licenses, and to the limitation on upland acreage that a person may take or hold under oil and gas leases; and providing for an effective date." The question being: "Shall CSHB 246(RES)(title am) pass the House?" The roll was taken with the following result: CSHB 246(RES)(title am) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Croft, Joule, Kookesh, Moses And so, CSHB 246(RES)(title am) passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 246(RES)(title am) was referred to the Chief Clerk for engrossment. HB 271 The following, which was advanced to third reading from the May 15, 2003, calendar (page 1702), was read the third time: CS FOR HOUSE BILL NO. 271(FIN)(efd am) "An Act levying and providing for the collection and administration of excise taxes on the rental of passenger and recreational vehicles usable on highways and vehicular ways; and providing for an effective date." 2003-05-16 House Journal Page 1756 The Speaker stated that, without objection, CSHB 271(FIN)(efd am) would be returned to the Rules Committee: SECOND READING OF HOUSE RESOLUTIONS HJR 27 The following was read the second time: HOUSE JOINT RESOLUTION NO. 27 Relating to support for a federal appropriation for expansion of the Anchorage Jail. with the: Journal Page STA RPT CS(STA) 5DP 1677 FN1: ZERO(COR) 1677 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE JOINT RESOLUTION NO. 27(STA) (same title) There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHJR 27(STA) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHJR 27(STA) was read the third time. The question being: "Shall CSHJR 27(STA) pass the House?" The roll was taken with the following result: CSHJR 27(STA) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 2003-05-16 House Journal Page 1757 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Croft, Joule, Kookesh, Moses And so, CSHJR 27(STA) passed the House and was referred to the Chief Clerk for engrossment. HJR 29 The following was read the second time: HOUSE JOINT RESOLUTION NO. 29 Relating to the establishment of Reserve Officer Training Corps programs in Alaska by the United States Coast Guard. with the: Journal Page MLV RPT 7DP 1684 FN1: ZERO(H.MLV) 1684 Representative Coghill moved and asked unanimous consent that HJR 29 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HJR 29 was read the third time. The question being: "Shall HJR 29 pass the House?" The roll was taken with the following result: HJR 29 Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 2003-05-16 House Journal Page 1758 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Croft, Joule, Kookesh, Moses And so, HJR 29 passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE RESOLUTIONS SJR 5 The following was read the second time: CS FOR SENATE JOINT RESOLUTION NO. 5(STA) Urging the President of the United States and the Congress to act to ensure that federal agencies do not retain records relating to lawful purchase or ownership of firearms gathered through the Brady Handgun Bill instant check system. with the: Journal Page STA RPT 2DP 3NR 932 FN1: ZERO(LEG) 932 JUD RPT 6DP 1593 FN1: ZERO(LEG) 1593 Representative Coghill moved and asked unanimous consent that CSSJR 5(STA) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSSJR 5(STA) was read the third time. The question being: "Shall CSSJR 5(STA) pass the House?" The roll was taken with the following result: 2003-05-16 House Journal Page 1759 CSSJR 5(STA) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Croft, Joule, Kookesh, Moses And so, CSSJR 5(STA) passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. SJR 8 The following was read the second time: SENATE JOINT RESOLUTION NO. 8 Relating to the division of the Ninth Circuit Court of Appeals. with the: Journal Page JUD RPT HCS(JUD) 4DP 1DNP 1NR 1313 FN1: ZERO(S.JUD) 1313 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: HOUSE CS FOR SENATE JOINT RESOLUTION NO. 8(JUD) Relating to the division of the Ninth Circuit Court of Appeals. There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that HCS SJR 8(JUD) be considered engrossed, advanced to third reading, and placed on final passage. 2003-05-16 House Journal Page 1760 Objection was heard. HCS SJR 8(JUD) will advance to third reading on tomorrow's calendar. SJR 16 The following was read the second time: SENATE JOINT RESOLUTION NO. 16 Encouraging the federal government to end the federal subsidy of ethanol, and requesting the Congress of the United States to mandate that land currently used to grow corn for the production of ethanol be returned to its natural state. with the: Journal Page STA RPT 4DP 1389 FN1: ZERO(S.STA) 1390 Representative Coghill moved and asked unanimous consent that SJR 16 be considered engrossed, advanced to third reading, and placed on final passage. Objection was heard. SJR 16 will advance to third reading on tomorrow's calendar. SECOND READING OF HOUSE BILLS (Continued) HB 293 The following, which had been moved to the bottom of the calendar (page 1741), was before the House in second reading: HOUSE BILL NO. 293 "An Act levying and collecting a state sales and use tax; and providing for an effective date." 2003-05-16 House Journal Page 1761 The Speaker stated that, without objection, the House would recess for a Majority Caucus; and so, the House recessed at 9:36 p.m. AFTER RECESS The Speaker called the House back to order at 10:28 p.m. SECOND READING OF HOUSE BILLS (Continued) HB 293 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. 293(FIN) "An Act relating to a state sales and use tax; relating to taxes levied by cities and boroughs; providing authority to the Department of Revenue to enter into the Streamlined Sales and Use Tax Agreement; relating to the motor fuel tax; relating to the definition of 'taxpayer'; relating to the rate of interest on delinquent taxes and overpayments of taxes; and providing for an effective date." There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 293(FIN) be considered engrossed, advanced to third reading, and placed on final passage. The Speaker stated that CSHB 293(FIN) will be held to tomorrow's calendar. There being no objection, it was so ordered. LEGISLATIVE CITATIONS Representative Coghill moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: 2003-05-16 House Journal Page 1762 Honoring - Harvey Marvin By Representatives Kerttula, Weyhrauch, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Williams, Wilson, Wolf; Senator Elton Honoring - Joe L. Hayes By Representatives Guttenberg, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Weyhrauch, Whitaker, Williams, Wilson, Wolf Honoring - Christopher Mapes By Representatives Chenault, Kott, Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf Honoring - Debra K. Mullins By Representatives Chenault, Kott, Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf Honoring - Juneau-Douglas High School Festival Band By Representatives Kerttula, Weyhrauch, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Williams, Wilson, Wolf; Senator Elton 2003-05-16 House Journal Page 1763 Honoring - Juneau-Douglas High School Girls Basketball Team By Representatives Kerttula, Weyhrauch, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Williams, Wilson, Wolf; Senator Elton Honoring - Petersburg's Viking Swim Club By Representatives Wilson, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wolf Honoring - West High School "We the People" Constitutional Competition Team By Representatives Croft, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf Honoring - Dorothy Gray By Senator Wagoner; Representatives Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf Honoring - Jason Ohler, Ph.D. By Senator Elton; Representatives Weyhrauch, Kerttula, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Williams, Wilson, Wolf 2003-05-16 House Journal Page 1764 Honoring - Future Farmers of America 75th Anniversary By Senator Green; Representatives Stoltze, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Weyhrauch, Williams, Wilson, Wolf Honoring - Kenai Central High School Choir By Senator Wagoner; Representatives Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf In Memoriam - Ed Borden By Representatives Chenault, Masek, Kott, Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf In Memoriam - Leelynn Haywood Chumley By Representatives Chenault, Kott, Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf In Memoriam - Glenn J. Kipp By Representatives Chenault, Kott, Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf 2003-05-16 House Journal Page 1765 In Memoriam - Jim E. Cashen By Representatives Kerttula, Weyhrauch, Kott, Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Williams, Wilson, Wolf; Senator Elton In Memoriam - Frank Donald Puksiaq Kenworthy Jr., "Ducky" By Representatives Joule, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Kapsner, Kerttula, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wolf In Memoriam - Carl Frederick Nickel By Representatives Kerttula, Foster, Weyhrauch, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Williams, Wilson, Wolf; Senators Lincoln, Elton In Memoriam - Constance R. Parker By Representatives Berkowitz, Kott, Anderson, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf; Senator French In Memoriam - Ida Johnson By Senator Davis; Representatives Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf 2003-05-16 House Journal Page 1766 UNFINISHED BUSINESS HB 196 The Speaker waived the Finance Committee referral for the following at the request of Representative Williams, Co-chair: HOUSE BILL NO. 196 "An Act relating to carbon sequestration; and providing for an effective date." HB 196 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. HB 145 Representative Rokeberg moved and asked unanimous consent that the reconsideration of the following be held over one legislative day: CS FOR HOUSE BILL NO. 145(FIN) "An Act prohibiting discrimination in the awarding of attorney fees and costs in civil actions or appeals to or against, or in the posting of bonds or other security by, public interest litigants; and relating to awards of attorney fees and costs in cases involving enforcement of constitutional rights; and providing for an effective date." There being no objection, it was so ordered. RECONSIDERATION HB 288 Representative Berkowitz brought up reconsideration of the vote on CSHB 288(STA) (page 1704). The following was again before the House in third reading: 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 and Economic Development." 2003-05-16 House Journal Page 1767 The Speaker stated that, without objection, CSHB 288(STA) would be returned to the Rules Committee. UNFINISHED BUSINESS HCR 19 Representative Coghill added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 19 Urging implementation of an Alaska history curriculum in public schools. HJR 27 Representatives Rokeberg, Dahlstrom, and Gruenberg added their names as cosponsors to: CS FOR HOUSE JOINT RESOLUTION NO. 27(STA) Relating to support for a federal appropriation for expansion of the Anchorage Jail. HJR 29 Representative Dahlstrom added her name as cosponsor to: HOUSE JOINT RESOLUTION NO. 29 Relating to the establishment of Reserve Officer Training Corps programs in Alaska by the United States Coast Guard. HB 267 Representatives Gara, Wolf, and Lynn added their names as cosponsors to: CS FOR HOUSE BILL NO. 267(FIN) "An Act authorizing the Alaska Railroad Corporation to provide financing for the acquisition, construction, improvement, maintenance, equipping, and operation of a natural gas pipeline and related facilities for the transportation of natural gas recovered from the North Slope of this state; authorizing the Alaska Railroad Corporation to issue bonds to finance those facilities; and providing for an effective date." 2003-05-16 House Journal Page 1768 HB 292 Representatives Coghill, Wilson, Seaton, and Gatto added their names as cosponsors to: HOUSE BILL NO. 292 "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." SJR 5 Representatives Masek, Berkowitz, Lynn, Stoltze, Gatto, and Dahlstrom added their names as cross sponsors to: CS FOR SENATE JOINT RESOLUTION NO. 5(STA) Urging the President of the United States and the Congress to act to ensure that federal agencies do not retain records relating to lawful purchase or ownership of firearms gathered through the Brady Handgun Bill instant check system. SJR 8 Representatives Rokeberg, Dahlstrom, Wilson, and Gatto added their names as cross sponsors to: HOUSE CS FOR SENATE JOINT RESOLUTION NO. 8(JUD) Relating to the division of the Ninth Circuit Court of Appeals. SJR 16 Representatives Masek, Rokeberg, Lynn, and Wolf added their names as cross sponsors to: SENATE JOINT RESOLUTION NO. 16 Encouraging the federal government to end the federal subsidy of ethanol, and requesting the Congress of the United States to mandate that land currently used to grow corn for the production of ethanol be returned to its natural state. SB 26 Representative Kerttula added her name as cross sponsor to: 2003-05-16 House Journal Page 1769 CS FOR SENATE BILL NO. 26(STA) "An Act relating to state employees who are called to active duty as reserve or auxiliary members of the armed forces of the United States; and providing for an effective date." SB 30 Representative Lynn added his name as cross sponsor to: 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." SB 41 Representative Foster added his name as cross sponsor to: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 41(FIN) "An Act relating to medical care and crimes relating to medical care, including medical care and crimes relating to the medical assistance program, catastrophic illness assistance, and medical assistance for chronic and acute medical conditions." SB 45 Representative Foster added his name as cross sponsor to: HOUSE CS FOR CS FOR SENATE BILL NO. 45(FIN) "An Act relating to the Legislative Budget and Audit Committee." SB 71 Representative Dahlstrom added her name as cross sponsor to: HOUSE CS FOR CS FOR SENATE BILL NO. 71(FIN) "An Act relating to funding for transportation projects; and providing for an effective date." 2003-05-16 House Journal Page 1770 SB 98 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. 98(TRA) "An Act relating to civil liability for boat owners and to civil liability for guest passengers on an aircraft or watercraft; and providing for an effective date." ENGROSSMENT HJR 27 CSHJR 27(STA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HJR 29 HJR 29 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 246 CSHB 246(RES)(title am) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 267 CSHB 267(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 305 HB 305 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 89 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: HOUSE CS FOR CS FOR SENATE BILL NO. 89(RLS) am H "An Act amending the Regulation of Lobbying Act and the definition of 'lobbyist' as it applies in the act setting standards of 2003-05-16 House Journal Page 1771 conduct for legislators and legislative employees; and amending the Regulation of Lobbying Act and the legislative standards of conduct to allow a lobbyist to give and a person covered by legislative standards of conduct to accept tickets to a charity event during a legislative session." ENROLLMENT HB 11 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 1:35 p.m., May 16, 2003: HOUSE BILL NO. 11 am S(efd fld S) "An Act relating to deposits to the Alaska permanent fund from mineral lease rentals, royalties, royalty sale proceeds, net profit shares under AS 38.05.180(f) and (g), federal mineral revenue sharing payments received by the state from mineral leases, and bonuses received by the state from mineral leases, and limiting deposits from those sources to the 25 percent required under art. IX, sec. 15, Constitution of the State of Alaska." HB 124 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 1:35 p.m., May 16, 2003: HOUSE BILL NO. 124 "An Act relating to commercial motor vehicle drivers and their employers and to railroad-highway grade crossings; and providing for an effective date." HB 146 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 1:35 p.m., May 16, 2003: 2003-05-16 House Journal Page 1772 CS FOR HOUSE BILL NO. 146(HES) "An Act repealing the termination date of certain provisions that require the reporting of social security numbers and automated data matching with financial institutions for child support enforcement purposes; relating to social security numbers on applications for commercial fishing licenses; and providing for an effective date." HB 160 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 1:35 p.m., May 16, 2003: 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." The following memorandum, dated May 15, 2003, was received from Patty Rose, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest errors in CSHB 160(FIN), which have been corrected in enrolling: Page 21, line 31: Delete "AS 46.14.140(a)(13)" Insert "AS 46.14.140(a)(14) [AS 46.14.140(a)(13)]" Page 23, line 16: Delete "meaning" Insert "meanings" Page 26, line 5: Delete "Procedures" Insert "Procedure"" 2003-05-16 House Journal Page 1773 ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 1:00 p.m., May 17, 2003. There being no objection, the House adjourned at 10:41 p.m. Suzi Lowell Chief Clerk