Legislature(2003 - 2004)
2004-04-23 House Journal
Full Journal pdf2004-04-23 House Journal Page 3475 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday April 23, 2004 One Hundred Third Day Pursuant to adjournment the House was called to order by Speaker Kott at 10:47 a.m. Roll call showed 38 members present. Representatives Cissna and Dahlstrom had been previously excused from a call of the House today. The invocation was offered by the Chaplain, Representative Kerttula. Representative Weyhrauch moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. With thanks to the Alaska Humanities Forum whose Leadership series inspired this. As Sir Ernest Shackleton said, "Leadership is a fine thing, but it has its penalties. And the greatest penalty is loneliness." As we begin the final days of this session I pray for courage for each and every one of us. And I'm not talking about just the big decisions, I'm talking about the little ones, the ones where you lose your temper or not, the ones where you have the courage to show patience or not, the ones where you admit your loneliness and reach out. Tim O'Brien, in his book about Vietnam, The Things They Carried, talks about courage, "If the stakes ever became high enough - if the evil were evil enough, if the good were good enough - I would simply tap a secret reservoir of courage that 2004-04-23 House Journal Page 3476 had been accumulating inside me over the years … it was a comforting theory. It dispensed with all those bothersome little acts of daily courage." When the buck is stopping here, it's hard to face it, so I pray for all of us to reach inside ourselves, to our humanity, to have courage. In closing, I share two thoughts on courage. First, from the Dalai Lama, "Controlled energy comes not only from a compassionate attitude but also from reason and patience. These are the most powerful antidotes to anger. Many people misjudge these qualities as signs of weakness. I believe just the opposite - they are the true signs of inner strength." Finally, from the book of Matthew, "Love thy neighbor as thyself." Amen. The Pledge of Allegiance was led by Representative Samuels. CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 102nd legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 377 A message dated April 22, 2004, was read stating the Senate has passed CSHB 377(FIN) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 377(FIN) "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." CSHB 377(FIN) is under Unfinished Business. 2004-04-23 House Journal Page 3477 HB 414 A message dated April 22, 2004, was read stating the Senate has passed CSHB 414(JUD) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 414(JUD) "An Act relating to filling a vacancy in the office of United States senator, and to the definition of 'political party'; and providing for an effective date." CSHB 414(JUD) is under Unfinished Business. REPORTS OF STANDING COMMITTEES HB 338 The Finance Committee has considered: HOUSE BILL NO. 338 "An Act relating to attendance at public school; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 338(HES) (same title) The report was signed by Representative Meyer, Vice Chair, with the following individual recommendations: Do pass (7): Hawker, Croft, Moses, Chenault, Fate, Foster, Meyer No recommendation (1): Stoltze The following fiscal note(s) apply to CSHB 338(HES): 1. Indeterminate, Dept. of Education & Early Development HB 338 was referred to the Rules Committee for placement on the calendar. 2004-04-23 House Journal Page 3478 HB 512 The Finance Committee has considered: HOUSE BILL NO. 512 "An Act establishing the Hydrogen Energy Partnership in the Department of Community and Economic Development; requiring the commissioner of community and economic development to seek public and private funding for the partnership; providing for the contingent repeal of an effective date; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 512(FIN) (same title) The report was signed by Representative Williams, Co-chair, with the following individual recommendations: Do pass (6): Joule, Moses, Chenault, Fate, Foster, Williams The following fiscal note(s) apply to CSHB 512(FIN): 1. Zero, University of Alaska 3. Fiscal, Dept. of Community & Economic Development HB 512 was referred to the Rules Committee for placement on the calendar. HB 515 The Finance Committee has considered: HOUSE BILL NO. 515 "An Act relating to the regulation of municipal water and sewer utilities not in competition with other water and sewer utilities." The report was signed by Representative Williams, Co-chair, with the following individual recommendations: 2004-04-23 House Journal Page 3479 Do pass (1): Williams Do not pass (1): Meyer No recommendation (6): Hawker, Stoltze, Moses, Chenault, Fate, Foster The following fiscal note(s) apply: 1. Fiscal, Dept. of Community & Economic Development 2. Fiscal, Dept. of Community & Economic Development HB 515 was referred to the Rules Committee for placement on the calendar. HB 540 The Labor & Commerce Committee has considered: HOUSE BILL NO. 540 "An Act relating to workers' compensation insurance rates; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 540(L&C) (same title) The report was signed by Representative Anderson, Chair, with the following individual recommendations: Do pass (3): Gatto, Rokeberg, Anderson No recommendation (4): Crawford, Lynn, Dahlstrom, Guttenberg The following fiscal note(s) apply to CSHB 540(L&C): 1. Zero, House Labor & Commerce Committee/Dept. of Community & Economic Development 2004-04-23 House Journal Page 3480 HB 540 was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Christopher Partridge By Senator Gary Stevens; Representative Ogg In Memoriam - Troy Davis By Representative Crawford; Senator Ellis CONSIDERATION OF THE DAILY CALENDAR HOUSE BILLS IN SECOND READING HB 298 The Speaker stated that, without objection, the following, which had been held in second reading to today's calendar (page 3462), will be held in second reading to the April 26, 2004, calendar: CS FOR HOUSE BILL NO. 298(FIN) "An Act relating to the income of and appropriations from the Alaska permanent fund under art. IX, sec. 15(b), Constitution of the State of Alaska, and making conforming amendments; relating to the determination of net income of the mental health trust fund; and providing for an effective date." THIRD READING OF HOUSE RESOLUTIONS HJR 26 The Speaker stated that, without objection, the following, which was advanced to third reading from the April 22, 2004, calendar (page 3462), will be held to the April 26, 2004, calendar: 2004-04-23 House Journal Page 3481 CS FOR HOUSE JOINT RESOLUTION NO. 26(FIN) Proposing amendments to the Constitution of the State of Alaska relating to and limiting appropriations from the Alaska permanent fund based on an averaged percent of the fund market value. RECONSIDERATION HJR 9 The Speaker stated that, without objection, reconsideration (page 3457) of the following will be held to April 26, 2004: CS FOR HOUSE JOINT RESOLUTION NO. 9(FIN) am Proposing amendments to the Constitution of the State of Alaska relating to an appropriation limit. 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 319 REMOTE REC.CABIN SITE SALES/LOTTERY SALE HB 425 BOARDING SCHOOL FUNDING HB 452 GUIDED SPORT FISHING HB 511 CERTIFICATE OF NEED PROGRAM HB 517 SECURITY ACCOUNT BENEFICIARY DESIGNATION HB 533 IF UNREAS. AGENCY DELAY, COURT DECIDES HCR 32 AK INFO INFRASTRUCTURE POLICY TASK FORCE SECOND READING OF HOUSE BILLS HB 319 The following was read the second time: HOUSE BILL NO. 319 "An Act relating to the disposal of state land by lottery; and relating to the disposal, including sale or lease, of remote recreational cabin sites." 2004-04-23 House Journal Page 3482 with the: Journal Page STA RPT CS(STA) 2DP 4NR 1AM 2682 FN1: (DNR) 2683 RES RPT CS(RES) NT 3DP 3NR 2921 FN1: (DNR) 2921 FIN RPT CS(FIN) NT 4DP 3NR 1AM 3395 FN2: (DNR) 3395 FN3: (DNR) 3395 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. 319(FIN) "An Act relating to the disposal of state land by lottery; relating to the reservation of rights by the state in land contracts and deeds; relating to the disposal, including sale or lease, of remote recreational cabin sites; and providing for an effective date." There being no objection, it was so ordered. Representative Fate placed a call of the House. The call was satisfied. Amendment No. 1 was offered by Representatives Gara and Fate: Page 4, following line 16: Insert a new subsection to read: "(i) Nothing in this section shall impede the state's authority under existing law to reserve a public easement allowing public access to, or along, a river, lake, or other water described in this section." Representative Gara moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted. 2004-04-23 House Journal Page 3483 Representative Coghill moved and asked unanimous consent that CSHB 319(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 319(FIN) am was read the third time. The question being: "Shall CSHB 319(FIN) am pass the House?" The roll was taken with the following result: CSHB 319(FIN) am Third Reading Final Passage YEAS: 35 NAYS: 3 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Coghill, Crawford, Croft, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Heinze, Holm, Joule, Kapsner, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams, Wilson, Wolf Nays: Hawker, Kerttula, Weyhrauch Excused: Cissna, Dahlstrom And so, CSHB 319(FIN) 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 319(FIN) am was referred to the Chief Clerk for engrossment. HB 425 The following was read the second time: HOUSE BILL NO. 425 "An Act relating to funding for school districts operating secondary school boarding programs, to funding for school districts from which boarding students come, and to inoperative school districts; and providing for an effective date." 2004-04-23 House Journal Page 3484 with the: Journal Page EDU RPT CS(EDU) NT 1DP 2NR 3AM 2988 FN1: (EED) 2988 HES RPT CS(EDU) NT 6DP 1NR 3200 FN1: (EED) 3201 FIN RPT CS(EDU) NT 4DP 4NR 3396 FN2: (EED) 3397 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. 425(EDU) "An Act relating to funding for school districts operating secondary school boarding programs and to funding for school districts from which boarding students come; and providing for an effective date." There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 425(EDU) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 425(EDU) was read the third time. The question being: "Shall CSHB 425(EDU) pass the House?" The roll was taken with the following result: CSHB 425(EDU) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Coghill, Crawford, Croft, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf 2004-04-23 House Journal Page 3485 Excused: Cissna, Dahlstrom And so, CSHB 425(EDU) 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 425(EDU) was referred to the Chief Clerk for engrossment. HB 452 The following was read the second time: HOUSE BILL NO. 452 "An Act relating to licensing and regulation of sport fishing services operators and fishing guides; and providing for an effective date." with the: Journal Page L&C RPT CS(L&C) NT 1DP 3NR 1AM 3019 FN1: ZERO(DPS) 3020 FN2: (DFG) 3020 JUD RPT CS(JUD) NT 1DP 5NR 3201 FN2: (DFG) 3201 FN3: ZERO(DPS) 3201 FIN RPT CS(FIN) NT 4DP 6NR 3330 FN2: (DFG) 3331 FN3: ZERO(DPS) 3331 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. 452(FIN) "An Act relating to licensing and regulation of sport fishing operators and sport fishing guides; authorizing the Department of Fish and Game and the Alaska Commercial Fisheries Entry Commission to release records and reports to the Department of Natural Resources and the Department of Public Safety; and providing for an effective date." 2004-04-23 House Journal Page 3486 There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that Representative Chenault be excused from a call of the House from noon today to 9:30 p.m., April 25, 2004 (amended from page 3471). There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Heinze: Page 2, lines 21 - 23: Delete all material and insert: "(3) any of the records and reports to the Department of Revenue to assist the department [DEPARTMENT OF REVENUE] in carrying out its statutory responsibilities;" Page 3, line 18: Delete "and" Insert "[AND]" Page 3, line 21, following "law": Insert "; and (12) any of the records and reports to the Department of Natural Resources to assist the department in carrying out its statutory responsibilities in regard to sport fishing operations and sport fishing guides within the Kenai River Special Management Area under AS 41.21.500 - 41.21.514" Representative Heinze moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Stoltze: Page 8, following line 5: Insert a new bill section to read: "* Sec. 5. AS 16.05.340(a)(26); AS 16.40.260, 16.40.270, 16.40.280, 16.40.290, 16.40.299; AS 25.27.244(s)(2)(A)(xviii), and 25.27.244(s)(2)(A)(xix) are repealed January 1, 2010." 2004-04-23 House Journal Page 3487 Renumber the following bill sections accordingly. Page 8, line 12: Delete "Section 5" Insert "Section 6" Page 8, line 13: Delete "sec. 6" Insert "sec. 7" Representative Stoltze moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 2 was adopted. Representative Coghill moved and asked unanimous consent that CSHB 452(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 452(FIN) am was read the third time. Representative Heinze placed a call of the House. Representative Gara moved and asked unanimous consent that the following letter dated April 5, 2004, from Representative Heinze be spread on the journal. There being no objection, it follows: "Dear Representative Gara, You recently asked me a question in the House Judiciary Committee regarding HB 452's effect on the state's ability to limit guides. I would like to reaffirm my earlier statement that nothing in this bill shall limit the state's ability to decide the number of guides to allow in any particular area of the state. I hope that this letter will address the concerns you had on this matter. I would also like to take this opportunity to thank you for your help in getting HB 452 passed out of committee. If you have any further comments or concerns please don't hesitate to bring them to my attention." 2004-04-23 House Journal Page 3488 Representative Heinze lifted the call. The question being: "Shall CSHB 452(FIN) am pass the House?" The roll was taken with the following result: CSHB 452(FIN) am Third Reading Final Passage YEAS: 33 NAYS: 2 EXCUSED: 3 ABSENT: 2 Yeas: Berkowitz, Coghill, Crawford, Croft, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Nays: Kohring, Masek Excused: Chenault, Cissna, Dahlstrom Absent: Anderson, Holm Weyhrauch changed from "Nay" to "Yea". And so, CSHB 452(FIN) 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 452(FIN) am was referred to the Chief Clerk for engrossment. HB 511 The following was read the second time: HOUSE BILL NO. 511 "An Act relating to the certificate of need program for health care facilities; and providing for an effective date." 2004-04-23 House Journal Page 3489 with the: Journal Page HES RPT CS(HES) 3DP 1DNP 2NR 3051 FN1: ZERO(HSS) 3052 FN2: ZERO(HSS) 3052 FIN RPT CS(HES) 4DP 2NR 2AM 3164 FN1: ZERO(HSS) 3164 FN2: ZERO(HSS) 3164 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. 511(HES) (same title) There being no objection, it was so ordered. Representative McGuire moved and asked unanimous consent that she be allowed to abstain from voting because of a conflict of interest. Objection was heard, and Representative McGuire was required to vote. Amendment No. 1 was offered by Representatives McGuire and Samuels: Page 2, following line 5: Insert a new bill section to read: "* Sec. 3. AS 18.07.035 is amended by adding new subsections to read: (b) The department may require a person who intends to submit an application under (a) of this section to submit a letter of intent to the department, except in the case of an application for an emergency or temporary certificate of need authorized under AS 18.07.071. (c) The department shall notify the applicant in writing when the application is complete under this chapter." Renumber the following bill sections accordingly. 2004-04-23 House Journal Page 3490 Page 3, following line 18: Insert a new bill section to read: "* Sec. 5. AS 18.07 is amended by adding a new section to read: Sec. 18.07.045. Time standards for review of applications for certificates of need. (a) The following time standards apply for a review by the department of an application for a certificate of need under this chapter: (1) the department may defer commencement of the review process under this chapter for an application for a period not to exceed 60 days after the determination that the application is complete in order to allow the department to receive and consider concurrent applications from each person who has submitted a letter of intent to submit an application proposing an activity that is similar to the activity proposed by the application in the geographic area; (2) the department shall review the application made under this chapter and submit an analysis and recommendation to the commissioner within 60 days after the date that notification under AS 18.07.035(c) is sent to the applicant stating that the application is complete. (b) The commissioner may extend the time periods set out in (a) of this section for not more than 30 days for any of the following reasons: (1) the applicant amends the application under this chapter; (2) the department requests an extension of time within which to prepare its findings and recommendations on the application; the commissioner may grant only one extension under this paragraph." Renumber the following bill sections accordingly. Page 4, line 14, following "APPLICABILITY.": Insert "(a)" Page 4, following line 16: Insert a new subsection to read: "(b) AS 18.07.035(b) and (c) and 18.07.045, enacted by secs. 3 and 5 of this Act, respectively, apply to a certificate of need application filed with the Department of Health and Social Services after the effective date of this Act." 2004-04-23 House Journal Page 3491 Representative McGuire moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Berkowitz objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted. Representative Coghill moved and asked unanimous consent that CSHB 511(HES) am be considered engrossed, advanced to third reading, and placed on final passage. Representative Berkowitz objected. CSHB 511(HES) am will advance to third reading on the April 26, 2004, calendar. HB 517 The following was read the second time: HOUSE BILL NO. 517 "An Act relating to registration in beneficiary form of certain security accounts, including certain reinvestment, investment management, and custody accounts." with the: Journal Page L&C RPT 4DP 1NR 2810 FN1: ZERO(CED) 2811 JUD RPT 5DP 1NR 3080 FN1: ZERO(CED) 3080 Representative Coghill moved and asked unanimous consent that HB 517 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 517 was read the third time. Amendment No. 1 (title amendment) was offered by Representative Berkowitz: 2004-04-23 House Journal Page 3492 Page 1, line 1: Delete "registration in beneficiary form" Insert "the definition" There being no objection, Amendment No. 1 was adopted and the new title follows: HOUSE BILL NO. 517(title am) "An Act relating to the definition of certain security accounts, including certain reinvestment, investment management, and custody accounts." The question being: "Shall HB 517(title am) pass the House?" The roll was taken with the following result: HB 517(title am) Third Reading Final Passage YEAS: 29 NAYS: 0 EXCUSED: 3 ABSENT: 8 Yeas: Anderson, Berkowitz, Coghill, Crawford, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Joule, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Williams, Wilson, Wolf Excused: Chenault, Cissna, Dahlstrom Absent: Croft, Heinze, Holm, Kapsner, Moses, Stepovich, Stoltze, Weyhrauch And so, HB 517(title am) passed the House. Representative Gatto gave notice of reconsideration of the vote on HB 517(title am) and it was taken up later. HB 533 The following was read the second time: HOUSE BILL NO. 533 "An Act relating to the state's administrative procedures and to judicial oversight of administrative matters." 2004-04-23 House Journal Page 3493 with the: Journal Page JUD RPT CS(JUD) 5DP 1NR 3107 FN1: INDETERMINATE(CRT) 3108 FN2: INDETERMINATE(DFG) 3108 FN3: INDETERMINATE(HSS) 3108 FIN RPT CS(JUD) 7DP 2NR 3361 FN1: INDETERMINATE(CRT) 3362 FN2: INDETERMINATE(DFG) 3362 FN3: INDETERMINATE(HSS) 3362 FN4: (LAW) 3362 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. 533(JUD) (same title) There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 533(JUD) be considered engrossed, advanced to third reading, and placed on final passage. Representative Berkowitz objected. CSHB 533(JUD) will advance to third reading on the April 26, 2004 calendar. SECOND READING OF HOUSE RESOLUTIONS HCR 32 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 32 Relating to information infrastructure and establishing the Alaska Information Infrastructure Policy Task Force. 2004-04-23 House Journal Page 3494 with the: Journal Page EDT RPT CS(EDT) 5DP 2811 FN1: ZERO(UA) 2811 FN2: (LEG) 2811 FIN RPT CS(EDT) 5DP 4NR 3391 FN1: ZERO(UA) 3392 FN3: (LEG) 3392 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE CONCURRENT RESOLUTION NO. 32(EDT) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Berkowitz: Page 2, lines 26 - 27: Delete "jointly by of the Speaker of the House of Representatives and the President of the Senate from a list of three names proposed" Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted. The question being: "Shall CSHCR 32(EDT) am pass the House?" The roll was taken with the following result: CSHCR 32(EDT) am Second Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 3 ABSENT: 4 2004-04-23 House Journal Page 3495 Yeas: Anderson, Berkowitz, Coghill, Crawford, Croft, Fate, Foster, Gara, Gatto, Gruenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Chenault, Cissna, Dahlstrom Absent: Guttenberg, Holm, Moses, Stepovich And so, CSHCR 32(EDT) am passed the House and was referred to the Chief Clerk for engrossment. CONSIDERATION OF THE DAILY CALENDAR (continued) 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 - May Carter By Representatives Stoltze, Gatto, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, McGuire, Meyer, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson, Wolf; Senators Ogan, Green Honoring - Beatrice Larsen, 100 Years Old By Representatives Ogg, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, McGuire, Meyer, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf 2004-04-23 House Journal Page 3496 Honoring - Brad Oleson, Basketball Player of the Year By Representatives Guttenberg, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Honoring - Jane Peterson, Employer of the Year By Representatives Ogg, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, McGuire, Meyer, Morgan, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Honoring - Brian Rogers and Information Insights for Their Brilliant Work in Organizing the Conference of Alaskans By Representatives Guttenberg, Kott, Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Gara, Gatto, Gruenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, McGuire, Meyer, Morgan, Ogg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson, Wolf Honoring - Saint Anthony Parish Community Organizing Ministry By Representatives Gruenberg, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Honoring - The University of Alaska Fairbanks Rifle Team, 2004 NCAA National Champions By Representatives Guttenberg, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto Gruenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf 2004-04-23 House Journal Page 3497 Honoring - Alaska Airlines and Juneau Pilots By Representatives Heinze, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams, Wilson, Wolf Honoring - Ellie Claus By Senator Lincoln; Representatives Kott, Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Honoring - The Western Interstate Commission on Higher Education By Senators Wagoner, Wilken; Representatives Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf In Memoriam - Peter George Bailey By Representatives Ogg, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, McGuire, Meyer, Morgan, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf; Senator Gary Stevens In Memoriam - Beatrice Geddes By Representatives Ogg, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, McGuire, Meyer, Morgan, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf; Senator Gary Stevens 2004-04-23 House Journal Page 3498 In Memoriam - Neil Heitman By Representatives Harris, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf In Memoriam - James Guilmet By Representatives Ogg, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, McGuire, Meyer, Morgan, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf; Senator Gary Stevens In Memoriam - Franklin Maus By Representatives Stoltze, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson, Wolf; Senator Dyson In Memoriam - Rudy Sundberg, Jr. By Representatives Ogg, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, McGuire, Meyer, Morgan, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf; Senator Gary Stevens CONCUR IN SENATE AMENDMENTS HCR 31 Representative Coghill moved and asked unanimous consent that the House consider the Senate message (page 3389) on the following at this time: 2004-04-23 House Journal Page 3499 CS FOR HOUSE CONCURRENT RESOLUTION NO. 31(HES) Proclaiming April 2004 as Traumatic Brain Injury Awareness Month. and SCS FOR CS FOR HOUSE CONCURRENT RESOLUTION NO. 31(HES) am S Proclaiming June 2004 as Traumatic Brain Injury Awareness Month. There being no objection, it was so ordered. Representative Coghill moved that the House concur in the Senate amendment to CSHCR 31(HES), thus adopting SCS CSHCR 31 (HES) am S, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHCR 31(HES)?" The roll was taken with the following result: SCS CSHCR 31(HES) am S Concur YEAS: 33 NAYS: 0 EXCUSED: 3 ABSENT: 4 Yeas: Anderson, Berkowitz, Coghill, Crawford, Fate, Foster, Gara, Gatto, Gruenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Chenault, Cissna, Dahlstrom Absent: Croft, Guttenberg, Holm, Moses And so, the House concurred in the Senate amendment, thus adopting SCS CSHCR 31(HES) am S. The Chief Clerk notified the Senate. SCS CSHCR 31(HES) am S was referred to the Chief Clerk for enrollment. 2004-04-23 House Journal Page 3500 RECONSIDERATION HB 517 Representative Anderson moved and asked unanimous consent that reconsideration of HB 517(title am) (page 3492) be taken up on the same day. There being no objection, it was so ordered. **Representative Williams, who had been previously excused (page 3471), left the Chamber. The following was again before the House in third reading: HOUSE BILL NO. 517(title am) "An Act relating to the definition of certain security accounts, including certain reinvestment, investment management, and custody accounts." The question to be reconsidered: "Shall HB 517(title am) pass the House?" The roll was taken with the following result: HB 517(title am)--RECONSIDERATION Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 4 ABSENT: 3 Yeas: Anderson, Berkowitz, Coghill, Crawford, Croft, Fate, Foster, Gara, Gatto, Gruenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Wilson, Wolf Excused: Chenault, Cissna, Dahlstrom, Williams Absent: Guttenberg, Holm, Moses And so, HB 517(title am) passed the House on reconsideration and was referred to the Chief Clerk for engrossment. 2004-04-23 House Journal Page 3501 UNFINISHED BUSINESS HB 427 The Speaker waived the Finance Committee referral for the following at the request of Representative Harris, Co-chair: HOUSE BILL NO. 427 "An Act relating to guardianships and conservatorships, to the public guardian and the office of public advocacy, to private professional guardians and private professional conservators, to court visitors, court-appointed attorneys, guardians ad litem, and fiduciaries, and to the protection of the person or property of certain individuals, including minors; amending Rules 16(f) and 17(e), Alaska Rules of Probate Procedure; and providing for an effective date." HB 427 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. HCR 32 Representative Lynn added his name as cosponsor to: CS FOR HOUSE CONCURRENT RESOLUTION NO. 32(EDT) am Relating to information infrastructure and establishing the Alaska Information Infrastructure Policy Task Force. HB 319 Representatives Ogg and Lynn added their names as cosponsors to: CS FOR HOUSE BILL NO. 319(FIN) am "An Act relating to the disposal of state land by lottery; relating to the reservation of rights by the state in land contracts and deeds; relating to the disposal, including sale or lease, of remote recreational cabin sites; and providing for an effective date." HB 366 Representative Croft added his name as cosponsor to: 2004-04-23 House Journal Page 3502 HOUSE BILL NO. 366 "An Act relating to rat racing charitable gaming; and providing for an effective date." HB 425 Representatives Gara, Joule, and Lynn added their names as cosponsors to: CS FOR HOUSE BILL NO. 425(EDU) "An Act relating to funding for school districts operating secondary school boarding programs and to funding for school districts from which boarding students come; and providing for an effective date." HB 427 Representative McGuire added her name as cosponsor to: HOUSE BILL NO. 427 "An Act relating to guardianships and conservatorships, to the public guardian and the office of public advocacy, to private professional guardians and private professional conservators, to court visitors, court-appointed attorneys, guardians ad litem, and fiduciaries, and to the protection of the person or property of certain individuals, including minors; amending Rules 16(f) and 17(e), Alaska Rules of Probate Procedure; and providing for an effective date." HB 452 Representative Lynn added his name as cosponsor to: CS FOR HOUSE BILL NO. 452(FIN) am "An Act relating to licensing and regulation of sport fishing operators and sport fishing guides; authorizing the Department of Fish and Game and the Alaska Commercial Fisheries Entry Commission to release records and reports to the Department of Natural Resources and the Department of Public Safety; and providing for an effective date." 2004-04-23 House Journal Page 3503 ENGROSSMENT HCR 32 CSHCR 32(EDT) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 319 CSHB 319(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 425 CSHB 425(EDU) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 452 CSHB 452(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 517 HB 517(title am) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meetings today have been changed as indicated: Finance Committee CANCELED: 1:30 p.m., 4/23 Judiciary Committee CHANGED TO: 1:45 p.m., 4/23 Resources Committee CHANGED TO: 2:00 p.m., 4/23 2004-04-23 House Journal Page 3504 ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 11:00 a.m., April 26, 2004. There being no objection, the House adjourned at 1:34 p.m. Suzi Lowell Chief Clerk