Legislature(2003 - 2004)
2004-03-08 House Journal
Full Journal pdf2004-03-08 House Journal Page 2873 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday March 8, 2004 Fifty-seventh Day Pursuant to adjournment the House was called to order by Speaker Kott at 11:11 a.m. Roll call showed 35 members present. Representative McGuire had been previously excused from a call of the House today. Representative Anderson had been previously excused from a call of the House to morning plane time today. Representative Kerttula was absent and her presence was noted later. Representative Moses was absent and later excused. Representative Coghill moved and asked unanimous consent that Representative Heinze be excused from a call of the House from today to 2:00 p.m., March 15, 2004. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Pastor Robert Sherwood of Church of the Nazarene. Representative Coghill moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Hear the words of the Psalmist, "Though a mighty army surrounds me my heart will know no fear." God, give these men and women the marvelous triumph of grace to stand before an advancing army of adverse circumstances and not be afraid. The fact of the matter is we are very prone to be confounded by magnitude. We are distracted. We lose our balance. We see things out of their perspective and in these matters of disproportion is death. We 2004-03-08 House Journal Page 2874 ought to be able to keep a quiet eye when armies bear down upon us. We ought to fear nothing but God. This is the supreme triumph. The Lord proves us on dark and cloudy days like the one outside. Our vigor is revealed in the tempest. We are manifest by the very enemy who came to destroy us. The menace leads us more deeply into the treasures of grace. Our temptations unlock our resources. Our sorrows discover for us consolations of the everlasting life. And, therefore, though a mighty enemy surrounds me my heart will know no fear. Encourage these, Your children, to the glory of almighty God, the Lamb, and the Holy Spirit. Amen. The Pledge of Allegiance was led by Representative Foster. CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 54th, 55th, and 56th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR SB 56 A message dated March 5, 2004, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 56(FIN) "An Act relating to sport fishing license fees and anadromous king salmon tag fees for residents of Yukon, Canada; and providing for an effective date." Chapter No. 4, SLA 2004 Effective Date: January 1, 2005 2004-03-08 House Journal Page 2875 SB 183 A message dated March 5, 2004, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 183(STA) "An Act authorizing certain boroughs to use revenue collected on an areawide or nonareawide basis for economic development." Chapter No. 5, SLA 2004 Effective Date: June 3, 2004 MESSAGES FROM THE SENATE Messages dated March 4 and March 5, 2004, were read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SJR 27 SENATE JOINT RESOLUTION NO. 27 by Senators Seekins, Therriault, Wilken, Ogan, Cowdery, Stedman, Dyson, Ben Stevens, and Wagoner: Relating to the resolution of submerged land title disputes. was read the first time and referred to the Resources Committee. FIRST READING AND REFERENCE OF SENATE BILLS SB 190 CS FOR SENATE BILL NO. 190(STA) by the Senate State Affairs Committee, entitled: 2004-03-08 House Journal Page 2876 "An Act adding certain state-owned land and water to the Kenai River Special Management Area; relating to the mineral estate of the state-owned land and water in the Kenai River Special Management Area; relating to the Kenai River Special Management Area advisory board; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs and Resources Committees. SB 203 CS FOR SENATE BILL NO. 203(FIN) am by the Senate Finance Committee, entitled: "An Act relating to administrative hearings, to hearing officers, and to administrative law judges; establishing the office of administrative hearings and relating to that office; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. SB 295 SENATE BILL NO. 295 by Senators Therriault, Dyson, Ogan, Cowdery, Stedman, Wilken, Green, Seekins, Wagoner, Bunde, Ben Stevens, and Gary Stevens, entitled: "An Act extending the termination date of the Navigable Waters Commission for Alaska; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. SB 299 SENATE BILL NO. 299 by the Senate Labor & Commerce Committee, entitled: "An Act relating to a charge for a bad check." 2004-03-08 House Journal Page 2877 was read the first time and referred to the State Affairs and Judiciary Committees. SB 305 SENATE BILL NO. 305 by Senators Therriault, Dyson, Ogan, Stedman, Cowdery, Bunde, Wilken, Green, Seekins, and Wagoner, entitled: "An Act relating to state ownership of submerged land underlying water that was navigable at the time Alaska achieved statehood." was read the first time and referred to the Resources and Finance Committees. COMMUNICATIONS The following were received: Dept. of Administration Office of the Commissioner Monetary Terms of Agreement between the State and Public Employees Local 71 representing the Labor, Trades and Crafts Bargaining Unit March 4, 2004 (as required by AS 23.40.215) The Speaker referred the report to the Finance Committee. Dept. of Health & Social Services Division of Public Health and Dept. of Education & Early Development Division of Teaching and Learning Support Alaska Youth Risk Behavior Study 2003 2004-03-08 House Journal Page 2878 Dept. of Revenue Treasury Division Annual Report on the Constitutional Budget Reserve Fund March 2, 2004 (as required by AS 37.10.430) REPORTS OF STANDING COMMITTEES The Labor & Commerce Committee has reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Mr. Billy (William) G. Andrews Ms. Gail M. Niemi as members of the Alcoholic Beverage Control Board. Dr. R. Clark Davis as a member of the Board of Chiropractic Examiners. Ms. Mary Ann Cerney Dr. Arne R. Pihl as members of the Board of Dental Examiners. Mr. Randall C. Frank as a member of the Alaska Labor Relations Agency. Mr. Anthony (Tony) J. Joslyn Mr. Robert (Tiny) Schasteen as members of the Board of Marine Pilots. 2004-03-08 House Journal Page 2879 Dr. Robert A. Breffeilh Dr. John T. Duddy Dr. G. Bert Flaming Dr. David M. Head Mr. Michael J. Tauriainen as members of the State Medical Board. Dr. Mark E. Richey as a member of the Board of Certified Direct-Entry Midwives. Ms. Patricia M. Swenson as a member of the Board of Nursing. Ms. Debra E. English as a member of the Personnel Board. Ms. Cindy Bueler Captain Gary M. Givens Mr. Michael Pauley as members of the Board of Pharmacy. Ms. Nelida Irvine Mr. Gene H. Shafer as members of the Board of Certified Real Estate Appraisers. Mr. Lawrence (Larry) J. Bauer Mr. Glenn Clary Ms. Rita C. Stuckart as members of the Real Estate Commission. 2004-03-08 House Journal Page 2880 Dr. David J. Hunt as a member of the Board of Veterinary Examiners. The reports were signed by Representative Anderson, Chair; and Representatives Crawford, Lynn, Rokeberg, Dahlstrom, Guttenberg, and Gatto. HB 342 The Judiciary Committee has considered: HOUSE BILL NO. 342 "An Act relating to driving while intoxicated; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 342(JUD) "An Act relating to driving while under the influence, to alcohol- related offenses, to ignition interlock devices, and to the issuance of limited driver's licenses; and providing for an effective date." The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (3): Anderson, Gruenberg, McGuire No recommendation (4): Holm, Gara, Samuels, Ogg The following fiscal note(s) apply to CSHB 342(JUD): 1. Zero, Alaska Court System 2. Zero, Dept. of Law 3. Zero, Dept. of Public Safety 4. Indeterminate, Dept. of Administration 5. Indeterminate, Dept. of Corrections 2004-03-08 House Journal Page 2881 HB 342 was referred to the Rules Committee for placement on the calendar. HB 422 The State Affairs Committee has considered: HOUSE BILL NO. 422 "An Act repealing the special subaccount established in the constitutional budget reserve fund; relating to the powers of the Department of Revenue for the investment of amounts in the constitutional budget reserve fund; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 422(STA) "An Act repealing the special subaccount established in the constitutional budget reserve fund; and providing for an effective date." The report was signed by Representative Weyhrauch, Chair, with the following individual recommendations: Do pass (4): Gruenberg, Seaton, Holm, Lynn No recommendation (1): Weyhrauch The following fiscal note(s) apply to CSHB 422(STA): 1. Fiscal, Dept. of Revenue HB 422 was referred to the Finance Committee. HB 424 The Judiciary Committee has considered: HOUSE BILL NO. 424 "An Act relating to review of regulations under the Administrative Procedure Act by the Legislative Affairs Agency; and providing for an effective date." 2004-03-08 House Journal Page 2882 and recommends it be replaced with: CS FOR HOUSE BILL NO. 424(JUD) "An Act relating to review by the Legislative Affairs Agency of certain state agency regulations proposed for adoption, amendment, or repeal under the Administrative Procedure Act; repealing provisions relating to annulment of regulations; and providing for an effective date." The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (5): Holm, Samuels, Gruenberg, Ogg, McGuire No recommendation (1): Gara The following fiscal note(s) apply to CSHB 424(JUD): 1. Zero, Dept. of Health & Social Services 2. Indeterminate, Dept. of Law 3. Fiscal, Legislative Agency HB 424 was referred to the Rules Committee for placement on the calendar. HB 471 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 471 "An Act relating to the funding of public education; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 471(EDU) (same title) 2004-03-08 House Journal Page 2883 The report was signed by Representative Wilson, Chair, with the following individual recommendations: Do pass (4): Gatto, Seaton, Wolf, Wilson No recommendation (1): Cissna Amend (1): Coghill A House Health, Education & Social Services Committee letter of intent signed by Representative Wilson, Chair, follows: "The HESS Committee acknowledges the importance of supporting education in the State of Alaska. Therefore, it is the consensus of the Committee that the base student allocation be increased from $4,169 to $4,379; and in each following year, beginning July 1, 2005, an increase in the base student allocation of two percent. 'The HESS Committee recognizes the need to identify sources of available funds for this increased education funding. We identify the remaining authorized Constitutional Budget Reserve (CBR) draw for 2004 and the Permanent Fund Earnings Reserve as sources that can be used for this education funding increase.'" The following fiscal note(s) apply to CSHB 471(EDU): 1. Fiscal, Dept. of Education & Early Development HB 471 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citation was introduced and referred to the Rules Committee for placement on the calendar: In Memoriam - Mary Elizabeth Cesar By Senator Elton; Representatives Kerttula, Weyhrauch 2004-03-08 House Journal Page 2884 INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 532 HOUSE BILL NO. 532 by the House Rules Committee by request of the Governor, entitled: "An Act amending the definition of 'lobbyist' in the Regulation of Lobbying Act; and providing for an effective date." was read the first time and referred to the State Affairs and Judiciary Committees. The following fiscal note(s) apply: 1. Zero, Dept. of Administration The Governor's transmittal letter dated February 27, 2004, follows: "Dear Speaker Kott: Under the authority of article III, section 18, of the Alaska Constitution, I am transmitting a bill amending the definition of "lobbyist" in the Regulation of Lobbying Act (AS 24.45.011 to AS 24.45.181). Public involvement is an essential part of our democratic process and we should do what we can to promote citizen involvement. However, current law allows individuals to be compensated and attempt to influence legislators for 40 hours in a 30- day period, without complying with state reporting requirements. I believe a 40-hour threshold allows too many people to fly "under the radar" and avoid the public disclosure requirements. By reducing the threshold to 20 hours, we will provide an adequate time for Alaskans to participate as interested citizens in the legislative process without inadvertently being designated as lobbyists. In addition, a 20-hour limit will continue the public's right to know which persons receiving some form of compensation for their time are attempting to influence legislators. The bill is also consistent with the position of the Alaska Public Offices Commission (APOC). APOC recommended a threshold limit of between 16 hours and 24 hours in a 30-day period. 2004-03-08 House Journal Page 2885 I urge your prompt and favorable action on this bill. Sincerely yours, /s/ Frank H. Murkowski Governor" HB 533 HOUSE BILL NO. 533 by the House State Affairs Committee, entitled: "An Act relating to the state's administrative procedures and to judicial oversight of administrative matters." was read the first time and referred to the Judiciary and Finance Committees. HB 534 HOUSE BILL NO. 534 by the House Rules Committee by request of the Legislative Budget and Audit Committee, entitled: "An Act extending the termination date of the office of victims' rights." was read the first time and referred to the Judiciary and Finance Committees. HB 535 HOUSE BILL NO. 535 by the House Rules Committee by request of the Governor, entitled: "An Act relating to liability for expenses of placement in certain mental health facilities; relating to the mental health treatment assistance program; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services, Judiciary, and Finance Committees. 2004-03-08 House Journal Page 2886 The following fiscal note(s) apply: 1. Fiscal, Dept. of Health & Social Services The Governor's transmittal letter dated March 5, 2004, follows: "Dear Speaker Kott: Under the authority of article III, section 18, of the Alaska Constitution, I am transmitting a bill related to the mental health treatment assistance program. The bill would give the Department of Health and Social Services additional tools to control costs. Costs would be controlled by limiting financial assistance to persons meeting the eligibility criteria after registration. Registration would require contacting the department in a timely manner and supplying information on medical and financial need. The department would also gain some flexibility to reduce rates when there is a shortfall of funds. I urge your support of this important bill. Sincerely yours, /s/ Frank H. Murkowski Governor" CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 344 The following was read the second time: HOUSE BILL NO. 344 "An Act relating to annual rental fees for mining claims, and providing for reduced royalties during the first three years of production." 2004-03-08 House Journal Page 2887 with the: Journal Page RES RPT CS(RES) NT 7DP 2NR 2738 FN1: (DNR) 2739 FIN RPT CS(RES) NT 7DP 3NR 2803 FN2: (DNR) 2804 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. 344(RES) "An Act relating to annual rental fees, statements of annual labor, and production royalty for mining claims; and providing a cure for abandonment." There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 344(RES) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 344(RES) was read the third time. The question being: "Shall CSHB 344(RES) pass the House?" The roll was taken with the following result: CSHB 344(RES) Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 3 ABSENT: 2 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kohring, Kookesh, Kott, Lynn, Masek, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf 2004-03-08 House Journal Page 2888 Excused: Anderson, Heinze, McGuire Absent: Kerttula, Moses And so, CSHB 344(RES) passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 63 The following was read the second time: CS FOR SENATE BILL NO. 63(STA) "An Act relating to transition provisions related to municipal mergers, consolidations, dissolutions, reclassifications, annexations, detachments, and incorporations; and relating to municipal property taxation in annexed, detached, and newly incorporated areas." with the: Journal Page CRA RPT HCS(CRA) NT 2DP 2NR 2745 FN2: ZERO(CED) 2745 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. 63(CRA) "An Act relating to municipal property taxation in annexed, detached, and newly incorporated areas." (HCR 33 - title change resolution) There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that HCS CSSB 63(CRA) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. 2004-03-08 House Journal Page 2889 HCS CSSB 63(CRA) was read the third time. **The presence of Representative Kerttula was noted. The question being: "Shall HCS CSSB 63(CRA) pass the House?" The roll was taken with the following result: HCS CSSB 63(CRA) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 3 ABSENT: 1 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Anderson, Heinze, McGuire Absent: Moses And so, HCS CSSB 63(CRA) passed the House and was referred to the Chief Clerk for engrossment. 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. THIRD READING OF SENATE BILLS SB 283 The Speaker stated that, without objection, the following, which was not taken up from the March 5, 2004, calendar (page 2864), would be moved to the bottom of the calendar: CS FOR SENATE BILL NO. 283(FIN) "An Act making an appropriation to reverse the deposit of money available for appropriation in the general fund at the end of fiscal year 2003 into the constitutional budget reserve fund; making an appropriation for investment management fees for the 2004-03-08 House Journal Page 2890 constitutional budget reserve fund; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." SECOND READING OF HOUSE RESOLUTIONS HCR 33 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 33 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 63, relating to municipal property taxation in annexed, detached, and newly incorporated areas. The question being: "Shall HCR 33 pass the House?" The roll was taken with the following result: HCR 33 Second Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Anderson, Heinze, McGuire, Moses And so, HCR 33 passed the House and was referred to the Chief Clerk for engrossment. The Speaker stated that, without objection, the House would recess to a call of the Chair; and so, the House recessed at 11:49 a.m. AFTER RECESS The Speaker called the House back to order at 8:59 p.m. 2004-03-08 House Journal Page 2891 The Speaker stated that, without objection, the House would advance to: UNFINISHED BUSINESS HB 233 The Speaker waived the Finance Committee referral for the following at the request of Representative Williams, Co-chair: 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 233 is on today's first supplemental calendar. Representative Coghill moved and asked unanimous consent that Representative Anderson be excused from a call of the House today to 10:30 a.m., March 9, 2004. There being no objection, it was so ordered. The Speaker stated that, without objection, the House would revert to: REPORTS OF STANDING COMMITTEES HB 123 The Finance Committee has considered: HOUSE BILL NO. 123 "An Act relating to the allocation of money appropriated to the Alaska Human Resource Investment Council; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 123(FIN) "An Act relating to the allocation of money appropriated to the Alaska Workforce Investment Board; and providing for an effective date." 2004-03-08 House Journal Page 2892 The report was signed by Representatives Harris and Williams, Co- chairs, with the following individual recommendations: Do pass (1): Moses No recommendation (7): Meyer, Hawker, Stoltze, Croft, Chenault, Harris, Williams Amend (1): Foster The following fiscal note(s) apply to CSHB 123(FIN): 1. Zero, Dept. of Labor & Workforce Development HB 123 was referred to the Rules Committee for placement on the calendar. HB 444 The Resources Committee has considered: HOUSE BILL NO. 444 "An Act relating to direct marketing fisheries businesses, to the fisheries business tax, and to liability for payment of taxes and assessments on the sale or transfer of fishery resources; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 444(FSH) (same title) The report was signed by Representatives Masek and Dahlstrom, Co- chairs, with the following individual recommendations: Do pass (1): Dahlstrom Do not pass (1): Wolf No recommendation (3): Lynn, Guttenberg, Masek 2004-03-08 House Journal Page 2893 Amend (2): Gatto, Stepovich The following fiscal note(s) apply to CSHB 444(FSH): 1. Fiscal, Dept. of Revenue HB 444 was referred to the Finance Committee. HB 478 The Resources Committee has considered: HOUSE BILL NO. 478 "An Act relating to the issuance of commercial fishing interim-use permits; and providing for an effective date." The report was signed by Representatives Dahlstrom and Masek, Co- chairs, with the following individual recommendations: Do pass (5): Lynn, Gatto, Stepovich, Dahlstrom, Masek No recommendation (2): Wolf, Guttenberg The following fiscal note(s) apply: 1. Zero, Dept. of Fish & Game HB 478 was referred to the Rules Committee for placement on the calendar. HB 516 The State Affairs Committee has considered: HOUSE BILL NO. 516 "An Act relating to a charge for a bad check." and recommends it be replaced with: CS FOR HOUSE BILL NO. 516(STA) (same title) 2004-03-08 House Journal Page 2894 The report was signed by Representative Weyhrauch, Chair, with the following individual recommendations: Do pass (6): Gruenberg, Seaton, Holm, Lynn, Coghill, Weyhrauch The following fiscal note(s) apply to CSHB 516(STA): 1. Zero, Dept. of Administration/Various Depts. HB 516 was referred to the Judiciary Committee. SJR 26 The Resources Committee has considered: CS FOR SENATE JOINT RESOLUTION NO. 26(RES) Requesting the United States Department of the Interior and the United States Department of Justice to appeal the decision of the United States Court of Appeals for the Ninth Circuit in The Wilderness Society v. United States Fish and Wildlife Service and to seek an emergency stay of the decision pending an appeal of the decision. The report was signed by Representatives Masek and Dahlstrom, Co- chairs, with the following individual recommendations: Do pass (6): Lynn, Gatto, Stepovich, Wolf, Masek, Dahlstrom Do not pass (1): Guttenberg The following fiscal note(s) apply: 1. Zero, Dept. of Fish & Game CSSJR 26(RES) is on today's first supplemental calendar. 2004-03-08 House Journal Page 2895 CONSIDERATION OF THE DAILY CALENDAR (continued) THIRD READING OF SENATE BILLS SB 283 The following, which had been moved to the bottom of the calendar (page 2889), was read the third time: CS FOR SENATE BILL NO. 283(FIN) "An Act making an appropriation to reverse the deposit of money available for appropriation in the general fund at the end of fiscal year 2003 into the constitutional budget reserve fund; making an appropriation for investment management fees for the constitutional budget reserve fund; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." Representative Berkowitz moved and asked unanimous consent that CSSB 283(FIN) be returned to second reading for the specific purpose of considering Amendment No. 10. There being no objection, it was so ordered. Amendment Nos. 5 - 9 were not offered. Amendment No. 10 was offered by Representatives Harris, Berkowitz, Coghill, Croft, Joule, Kerttula, Kott, Rokeberg, Williams, Lynn, and Guttenberg: Page 1, line 4, following "fund" (title amendment): Insert "for fiscal year 2004; making an appropriation for investment management fees for the constitutional budget reserve fund for fiscal year 2005; making appropriations to the Department of Education and Early Development for K-12 educational programs; making appropriations to the University of Alaska and the Alaska Court System; making an appropriation to reverse the deposit of money available for appropriation in the general fund at the end of fiscal year 2004 into the constitutional budget reserve fund; making an appropriation of the amount 2004-03-08 House Journal Page 2896 necessary to balance revenue and general fund appropriations for fiscal years 2004 and 2005; making appropriations for power cost equalization and for grants to municipalities, unincorporated communities, and designated recipients" Page 1, following line 7: Insert new bill sections to read: "* Section 1. DEPARTMENT OF EDUCATION AND EARLY DEVELOPMENT -- K-12 SUPPORT FOR FY 2005. The sum of $754,613,200 is appropriated to the Department of Education and Early Development for the purposes described and allocated in the amounts listed from the general fund and from other sources in the amounts set out: PURPOSE ALLOCATION Foundation Program $693,344,900 Boarding Home Grants 185,900 Youth in Detention 1,100,000 Special Schools 6,425,200 Pupil Transportation 53,557,200 FUND SOURCE AMOUNT General Fund Receipts $721,874,900 Federal Impact Aid for K-12 Schools 20,791,000 Public School Trust Fund 11,947,300 * Sec. 2. UNIVERSITY OF ALASKA -- FY 2005. The sum of $649,322,300 is appropriated to the University of Alaska for the purposes described and allocated in the amounts listed from the general fund and from other sources in the amounts set out: PURPOSE ALLOCATION Budget Reductions/Additions $ 29,993,400 - Systemwide Statewide Services 7,403,900 Statewide Networks (ITS) 13,551,900 Anchorage Campus 169,926,000 Kenai Peninsula College 7,720,000 Kodiak College 3,351,800 Matanuska-Susitna College 7,481,900 Prince William Sound 5,312,900 Community College Cooperative Extension 6,661,200 Service 2004-03-08 House Journal Page 2897 Bristol Bay Campus 2,313,600 Chukchi Campus 1,562,600 Fairbanks Campus 177,707,500 Fairbanks Organized Research 121,775,600 Interior-Aleutians Campus 2,990,200 Kuskokwim Campus 4,442,700 Northwest Campus 2,493,100 Rural College 6,863,800 Tanana Valley Campus 7,266,600 Juneau Campus 29,428,900 Ketchikan Campus 4,466,400 Sitka Campus 6,608,300 FUND SOURCE AMOUNT Federal Receipts $124,362,000 General Fund Match 2,777,300 General Fund Receipts 209,737,900 Inter-Agency Receipts 18,800,000 University of Alaska Restricted Receipts 234,190,000 Capital Improvement Project Receipts 4,762,200 Technical Vocational Educ. Program Receipts 2,868,900 University of Alaska Intra-Agency Transfers 51,824,000" Page 1, line 8: Delete "Section 1. CONSTITUTIONAL BUDGET RESERVE FUND. (a)" Insert "Sec. 3. CONSTITUTIONAL BUDGET RESERVE FUND APPROPRIATIONS. (a) The appropriations made in (c) - (f) of this section are contingent upon (1) the passage by the Twenty-Third Alaska State Legislature during the Second Regular Session and enactment into law of a bill that increases the base student allocation under AS 14.17.470 to at least $4,588, and (2) the enactment of this bill into law in a form that is identical to the version of this bill that passes both houses of the legislature. If this contingency is not satisfied, the appropriations made in (c) - (f) of this section are void and of no effect. (b)" Page 2, line 1: Delete "(b) The" Insert "(c) Subject to (a) of this section, the" 2004-03-08 House Journal Page 2898 Page 2, lines 5 - 8: Delete all material and insert: "(d) Subject to (a) of this section, if the unrestricted state revenue available for appropriation in fiscal years 2004 and 2005 is insufficient to cover the general fund appropriations that take effect in fiscal years 2004 and 2005, the amount necessary to balance revenue and general fund appropriations for those fiscal years is appropriated to the general fund from the budget reserve fund (art. IX, sec. 17, Constitution of the State of Alaska). (e) Subject to (a) of this section, deposits in the budget reserve fund (art. IX, sec. 17, Constitution of the State of Alaska) for fiscal year 2004 that are made from subfunds and accounts other than the operating general fund (state accounting system fund number 11100) by operation of art. IX, sec. 17(d), Constitution of the State of Alaska, to repay appropriations from the budget reserve fund are appropriated from the budget reserve fund to the subfunds and accounts from which they were transferred. (f) Subject to (a) of this section, the sum of $125,000 is appropriated from the budget reserve fund (art. IX, sec. 17, Constitution of the State of Alaska) to the Department of Revenue, treasury division, for the fiscal year ending June 30, 2005, for investment management fees for the budget reserve fund (art. IX, sec. 17, Constitution of the State of Alaska). (g) The amount equal to the difference between $15,700,000 and the amount appropriated to the power cost equalization and rural electric capitalization fund (AS 42.45.100) under sec. 4(ff) of this Act, estimated to be $4,400,000, is appropriated from the budget reserve fund (art. IX, sec. 17, Constitution of the State of Alaska) to the power cost equalization and rural electric capitalization fund (AS 42.45.100). * Sec. 4. MISCELLANEOUS APPROPRIATIONS. (a) The appropriations made in (b) - (ff) of this section are contingent upon each of the appropriations made in sec. 3(b), (c), (d), (e), (f), and (g) of this Act passing upon an affirmative vote of at least three-fourths of the members of each house of the legislature. If this contingency is not satisfied, the appropriations made in this section are void and of no effect. (b) Subject to (a) of this section, the sum of $84,500,000 is appropriated from the general fund to the Department of 2004-03-08 House Journal Page 2899 Education and Early Development for the foundation program for the fiscal year ending June 30, 2005. (c) Subject to (a) of this section, the sum of $15,800,000 is appropriated from the general fund to the University of Alaska to pay for university operations and for the additional costs of participation in employee retirement systems for the fiscal year ending June 30, 2005. (d) Subject to (a) of this section, the sum of $1,821,100 is appropriated from the general fund to the Alaska Court System to pay the additional costs of participation in employee retirement systems for the fiscal year ending June 30, 2005. (e) Subject to (a) of this section, the sum of $3,400,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City of Shishmaref for erosion control. (f) Subject to (a) of this section, the sum of $1,000,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.316 to Yuut Elitnauriviat, Inc., for design and construction of People's Learning Center, phase I. (g) Subject to (a) of this section, the sum of $779,600 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City of Dillingham for middle school roof repair and high school gym roof repair. (h) Subject to (a) of this section, the sum of $250,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City of Craig for boat haul out construction. (i) Subject to (a) of this section, the sum of $165,000 is appropriated from the general fund to the Department of Administration for payment as a grant under AS 37.05.316 to Capital Community Broadcasting, Inc. (KTOO) for capitol broadband link and digital video server. (j) Subject to (a) of this section, the sum of $314,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City of Angoon for city dock and boat harbor repair and expansion. 2004-03-08 House Journal Page 2900 (k) Subject to (a) of this section, the sum of $200,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City of Allakaket for purchase of heavy equipment. (l) Subject to (a) of this section, the sum of $150,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.317 to the Metlakatla Indian Community for a feasibility study of a barge haul out. (m) Subject to (a) of this section, the sum of $125,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City of Haines for Port Chilkoot dock infrastructure construction. (n) Subject to (a) of this section, the sum of $120,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.317 to the unincorporated community of Klukwan for cultural center planning, engineering, and construction. (o) Subject to (a) of this section, the sum of $100,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.317 to the unincorporated community of Rampart for purchase of a bulldozer. (p) Subject to (a) of this section, the sum of $95,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City and Borough of Yakutat for boat harbor facility upgrades. (q) Subject to (a) of this section, the sum of $65,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City of Kake for community hall/building renovation. (r) Subject to (a) of this section, the sum of $50,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City of Hoonah for purchase of fire equipment. 2004-03-08 House Journal Page 2901 (s) Subject to (a) of this section, the sum of $50,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City of Skagway for construction of seawall and sea walk. (t) Subject to (a) of this section, the sum of $50,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City of Craig for fish enhancement hatchery and rearing facility construction. (u) Subject to (a) of this section, the sum of $25,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City of Cordova for community center construction. (v) Subject to (a) of this section, the sum of $25,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City and Borough of Yakutat for teen center construction. (w) Subject to (a) of this section, the sum of $25,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City of Fort Yukon for community center construction. (x) Subject to (a) of this section, the sum of $25,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City of Hydaburg for engineering and design of a heritage center. (y) Subject to (a) of this section, the sum of $20,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.317 to the unincorporated community of Naukati West for construction of a fire hall/public safety building. (z) Subject to (a) of this section, the sum of $3,500 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City of Tenakee Springs for search and rescue equipment. 2004-03-08 House Journal Page 2902 (aa) Subject to (a) of this section, the sum of $750,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the Municipality of Anchorage for critical transportation and other capital projects. (bb) Subject to (a) of this section, the sum of $500,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the Bristol Bay Borough for community cargo dock upgrades. (cc) Subject to (a) of this section, the sum of $150,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City of Togiak for purchase of search and rescue equipment. (dd) Subject to (a) of this section, the sum of $200,000 is appropriated from the general fund to the Department of Community and Economic Development for payment as a grant under AS 37.05.315 to the City of King Cove for power house rehabilitation. (ee) Subject to (a) of this section, the sum of $1,350,000 is appropriated from the general fund to the University of Alaska, Tanana Valley Community College, for renovation of the old Fairbanks Courthouse. (ff) Subject to (a) of this section, in accordance with AS 42.45.085(a), the amount not to exceed seven percent of the market value of the power cost equalization endowment fund (AS 42.45.070), determined by the commissioner of revenue to be $11,369,441.16, minus amounts appropriated during the fiscal year ending June 30, 2005, for reimbursement of the costs set out in AS 42.45.085(a)(2) and (3) is appropriated from the power cost equalization endowment fund (AS 42.45.070) to the power cost equalization and rural electric capitalization fund (AS 42.45.100). * Sec. 5. BUDGET RESERVE FUND. The appropriations of funds from the budget reserve fund (art. IX, sec. 17, Constitution of the State of Alaska) made in sec. 3 of this Act are made under art. IX, sec. 17(c), Constitution of the State of Alaska. * Sec. 6. LAPSE. (a) The appropriations made by secs. 3(g) and 4(ff) of this Act are for the capitalization of funds and do not lapse. 2004-03-08 House Journal Page 2903 (b) The appropriations made by secs. 4(f), 4(i), 4(l), 4(n), 4(o), 4(y), and 4(ee) of this Act are for capital projects and lapse under AS 37.25.020. * Sec. 7. RETROACTIVITY. Sections 3(b), 3(c), and 3(d) of this Act are retroactive to July 1, 2003. * Sec. 8. Sections 3(b), 3(c), 3(d), 3(g), 4(e), and 7 of this Act take effect immediately under AS 01.10.070(c). * Sec. 9. Except as provided in sec. 8 of this Act, this Act takes effect July 1, 2004." Representative Berkowitz moved and asked unanimous consent that Amendment No. 10 be adopted. Objection was heard. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: CSSB 283(FIN) Second Reading Amendment No. 10 YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Anderson, Heinze, McGuire, Moses And so, Amendment No. 10 was adopted and the new title follows: CS FOR SENATE BILL NO. 283(FIN) am H "An Act making an appropriation to reverse the deposit of money available for appropriation in the general fund at the end of fiscal year 2003 into the constitutional budget reserve fund; making an appropriation for investment management fees for the constitutional budget reserve fund for fiscal year 2004; making an appropriation for investment management fees for the constitutional budget reserve fund for fiscal year 2005; making 2004-03-08 House Journal Page 2904 appropriations to the Department of Education and Early Development for K-12 educational programs; making appropriations to the University of Alaska and the Alaska Court System; making an appropriation to reverse the deposit of money available for appropriation in the general fund at the end of fiscal year 2004 into the constitutional budget reserve fund; making an appropriation of the amount necessary to balance revenue and general fund appropriations for fiscal years 2004 and 2005; making appropriations for power cost equalization and for grants to municipalities, unincorporated communities, and designated recipients; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." (HCR 34 - title change resolution) CSSB 283(FIN) am H was automatically in third reading. The question being: "Shall CSSB 283(FIN) am H pass the House?" The roll was taken with the following result: CSSB 283(FIN) am H Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Anderson, Heinze, McGuire, Moses And so, CSSB 283(FIN) am H passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause (Section 8). There being no objection, it was so ordered. 2004-03-08 House Journal Page 2905 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 (Section 9). There being no objection, it was so ordered. Representative Coghill moved that the House adopt the appropriations from the constitutional budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska. The question being: "Shall the appropriations from the constitutional budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska be adopted?" The roll was taken with the following result: CSSB 283(FIN) am H Third Reading Constitutional Budget Reserve Appropriations YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Anderson, Heinze, McGuire, Moses And so, the constitutional budget reserve appropriations were adopted. CSSB 283(FIN) am H was referred to the Chief Clerk for engrossment. SPECIAL ORDER OF BUSINESS HCR 34 Representative Coghill moved and asked unanimous consent that the following be taken up as a Special Order of Business at this time: HOUSE CONCURRENT RESOLUTION NO. 34 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 283, making appropriations from the budget reserve fund (art. IX, sec. 17, Constitution of the State of Alaska) and other funds. 2004-03-08 House Journal Page 2906 There being no objection, it was so ordered. HCR 34 by the House Rules Committee was read the first time. The question being: "Shall HCR 34 pass the House?" The roll was taken with the following result: HCR 34 Special Order of Business YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Anderson, Heinze, McGuire, Moses And so, HCR 34 passed the House and was referred to the Chief Clerk for engrossment. 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 - The 2004 Wasilla High School Wrestling Team By Representatives Stoltze, Kohring, Masek, Gatto, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson, Wolf; Senators Green, Ogan 2004-03-08 House Journal Page 2907 Honoring - Jed Wade By Representatives Stoltze, Kohring, Masek, Gatto, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Lynn, McGuire, Meyer, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson, Wolf; Senators Green, Ogan Honoring - Chancellor Marshall Lind in His Retirement By Representatives Guttenberg, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Fate, Gara, Gatto, Gruenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Masek, McGuire, Meyer, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson, Wolf Honoring - 4-H Western Regional Leadership Forum By Senator Green; Representatives Stoltze, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson, Wolf In Memoriam - Joan M. Hurst By Representatives Crawford, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf In Memoriam - Denise Selma Asicksik By Senator Hoffman; Representatives Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf 2004-03-08 House Journal Page 2908 In Memoriam - Elena Crisco By Senator Hoffman; Representatives Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf In Memoriam - Nona Nuyalan Amos By Senator Hoffman; Representatives Kapsner, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf CONSIDERATION OF THE FIRST SUPPLEMENTAL CALENDAR Representative Coghill moved and asked unanimous consent that the House adopt the First Supplemental Calendar. There being no objection, the following was adopted: HB 233 INCREASE EDUCATION FUNDING SJR 26 SALMON ENHANCEMENT IN WILDERNESS AREAS SECOND READING OF HOUSE BILLS HB 233 The following was read the second time: 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." 2004-03-08 House Journal Page 2909 with the: Journal Page EDU RPT CS(EDU) 6DP 1069 FN1: (EED) 1069 HES RPT CS(EDU) 3DP 1NR 1AM 1233 FN1: (EED) 1233 FIN REFERRAL WAIVED 2891 The following updated fiscal note was submitted by the Rules Committee: 2. Fiscal, House Rules Committee/Dept. of Education & Early Development 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. 233(EDU) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Wilson, Harris, Berkowitz, Kerttula, Gara, Croft, Williams, Masek, Foster, Meyer, Morgan, Samuels, and Seaton: Page 1, line 1 (title amendment): Delete "relating to" Insert "increasing" Page 1, line 6: Delete "$4,168" Insert "$4,588" Page 1, line 7: Delete "2003" Insert "2004" 2004-03-08 House Journal Page 2910 Representative Wilson moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered and the new title follows: CS FOR HOUSE BILL NO. 233(EDU) am "An Act increasing the base student allocation used in the formula for state funding of public education; and providing for an effective date." Representative Coghill moved and asked unanimous consent that CSHB 233(EDU) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 233(EDU) am was read the third time. The question being: "Shall CSHB 233(EDU) am pass the House?" The roll was taken with the following result: CSHB 233(EDU) am Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 5 ABSENT: 0 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Anderson, Hawker, Heinze, McGuire, Moses And so, CSHB 233(EDU) 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 233(EDU) am was referred to the Chief Clerk for engrossment. 2004-03-08 House Journal Page 2911 Representative Coghill moved and asked unanimous consent that Representative Hawker be excused from a call of the House due to illness. There being no objection, it was so ordered. Representative Croft moved and asked unanimous consent that Representative Hawker be shown as excused from the vote on CSHB 233(EDU) am. There being no objection, the voting record was changed accordingly. SECOND READING OF SENATE RESOLUTIONS SJR 26 The following was read the second time: CS FOR SENATE JOINT RESOLUTION NO. 26(RES) Requesting the United States Department of the Interior and the United States Department of Justice to appeal the decision of the United States Court of Appeals for the Ninth Circuit in The Wilderness Society v. United States Fish and Wildlife Service and to seek an emergency stay of the decision pending an appeal of the decision. with the: Journal Page RES RPT 6DP 1DNP 2894 FN1: ZERO(DFG) 2894 Representative Coghill moved and asked unanimous consent that CSSJR 26(RES) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSSJR 26(RES) was read the third time. The question being: "Shall CSSJR 26(RES) pass the House?" The roll was taken with the following result: CSSJR 26(RES) Third Reading Final Passage YEAS: 24 NAYS: 6 EXCUSED: 5 ABSENT: 5 2004-03-08 House Journal Page 2912 Yeas: Chenault, Dahlstrom, Fate, Foster, Gatto, Gruenberg, Harris, Joule, Kapsner, Kohring, Kookesh, Kott, Lynn, Masek, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams, Wolf Nays: Cissna, Coghill, Crawford, Holm, Weyhrauch, Wilson Excused: Anderson, Hawker, Heinze, McGuire, Moses Absent: Berkowitz, Croft, Gara, Guttenberg, Kerttula And so, CSSJR 26(RES) passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. UNFINISHED BUSINESS 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 Moses - from 4:00 p.m., March 8 to 9:30 a.m., plane time, March 16, 2004 Representative Ogg - from 1:00 p.m., March 9 to 7:00 p.m., plane time, March 14, 2004 Representative Fate - from 7:00 p.m., March 9 to 10:00 p.m., plane time, March 14, 2004 Representative Kott - from 7:30 p.m., March 9 to 9:30 a.m., plane time, March 15, 2004 Representative Lynn - from 5:00 p.m., March 10 to 10:00 a.m., plane time, March 17, 2004 Representative Chenault - from 7:00 a.m., March 9 to 7:00 p.m., plane time, March 14, 2004 Representative Stepovich - from 7:30 a.m., March 9 to 10:00 a.m., plane time, March 15, 2004 2004-03-08 House Journal Page 2913 Representative Gatto - from 1:00 p.m., March 9 to 1:30 p.m., plane time, March 15, 2004 Representative Dahlstrom - from noon, March 9 to 9:00 p.m., plane time, March 14, 2004 Representative Samuels - from noon, March 10 to 9:00 p.m., plane time, March 14, 2004 Representative Masek - from 7:30 p.m., March 9 to 9:00 p.m., plane time, March 14, 2004 Representative Gruenberg - from 6:00 a.m., March 10 to 10:00 a.m., plane time, March 15, 2004 Representative Williams - from 10:00 a.m., March 10 to 12:30 p.m., plane time, March 15, 2004 Representative Holm - from noon, March 10 to 10:00 a.m., plane time, March 15, 2004 Representative Joule - from 7:30 a.m., March 10 to 7:30 a.m., March 16, 2004 Representative Harris - from 10:00 a.m., March 10 to evening plane time, March 14, 2004 Representative Wolf - from 7:00 p.m., March 10 to 10:00 a.m., plane time, March 15, 2004 Representative Hawker - from 7:30 p.m., March 10 to 2:00 p.m., plane time, March 14, 2004 Representative Cissna - from 7:00 a.m., March 11 to 7:30 p.m., plane time, March 14, 2004 Representative Guttenberg - from 10:00 a.m., March 11 to 7:00 p.m., plane time, March 14, 2004 2004-03-08 House Journal Page 2914 HB 342 The Speaker added a Finance Committee referral to the following: HOUSE BILL NO. 342 "An Act relating to driving while intoxicated; and providing for an effective date." HB 342 was removed from the Rules Committee and referred to the Finance Committee. HB 424 The Speaker added a Finance Committee referral to the following: HOUSE BILL NO. 424 "An Act relating to review of regulations under the Administrative Procedure Act by the Legislative Affairs Agency; and providing for an effective date." HB 424 was removed from the Rules Committee and referred to the Finance Committee. HB 233 Representatives Chenault, Seaton, Gara, Croft, Ogg, Kookesh, Kapsner, Crawford, Meyer, Masek, Joule, Lynn, Guttenberg, and Kohring added their names as cosponsors to: CS FOR HOUSE BILL NO. 233(EDU) am "An Act increasing the base student allocation used in the formula for state funding of public education; and providing for an effective date." HB 344 Representatives Guttenberg, Stoltze, Crawford, Dahlstrom, and Lynn added their names as cosponsors to: CS FOR HOUSE BILL NO. 344(RES) "An Act relating to annual rental fees, statements of annual labor, and production royalty for mining claims; and providing a cure for abandonment." 2004-03-08 House Journal Page 2915 HB 424 Representative McGuire added her name as cosponsor to: HOUSE BILL NO. 424 "An Act relating to review of regulations under the Administrative Procedure Act by the Legislative Affairs Agency; and providing for an effective date." SJR 26 Representatives Chenault, Lynn, and Dahlstrom added their names as cross sponsors to: CS FOR SENATE JOINT RESOLUTION NO. 26(RES) Requesting the United States Department of the Interior and the United States Department of Justice to appeal the decision of the United States Court of Appeals for the Ninth Circuit in The Wilderness Society v. United States Fish and Wildlife Service and to seek an emergency stay of the decision pending an appeal of the decision. SB 283 Representatives Croft, Chenault, Seaton, and Ogg added their names as cross sponsors to: CS FOR SENATE BILL NO. 283(FIN) am H "An Act making an appropriation to reverse the deposit of money available for appropriation in the general fund at the end of fiscal year 2003 into the constitutional budget reserve fund; making an appropriation for investment management fees for the constitutional budget reserve fund for fiscal year 2004; making an appropriation for investment management fees for the constitutional budget reserve fund for fiscal year 2005; making appropriations to the Department of Education and Early Development for K-12 educational programs; making appropriations to the University of Alaska and the Alaska Court System; making an appropriation to reverse the deposit of money available for appropriation in the general fund at the end of fiscal year 2004 into the constitutional budget reserve fund; making an appropriation of the amount necessary to balance revenue and 2004-03-08 House Journal Page 2916 general fund appropriations for fiscal years 2004 and 2005; making appropriations for power cost equalization and for grants to municipalities, unincorporated communities, and designated recipients; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." ENGROSSMENT HCR 33 HCR 33 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HCR 34 HCR 34 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 233 CSHB 233(EDU) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 344 CSHB 344(RES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 63 HCS CSSB 63(CRA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 283 CSSB 283(FIN) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2004-03-08 House Journal Page 2917 ANNOUNCEMENTS House committee schedules are published daily under separate cover. Financial Disclosure Statements due to APOC: 3/15 ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 9, 2004. There being no objection, the House adjourned at 10:51 p.m. Suzi Lowell Chief Clerk