Legislature(2005 - 2006)
2005-04-04 House Journal
Full Journal pdf2005-04-04 House Journal Page 0825 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE - FIRST SESSION Juneau, Alaska Monday April 4, 2005 Eighty-fifth Day Pursuant to adjournment the House was called to order by Speaker Harris at 11:13 a.m. Roll call showed 32 members present. Representatives Kerttula and Kohring had been previously excused from a call of the House today. Representatives Anderson, Berkowitz, Croft, Guttenberg, Kott, and Weyhrauch were absent and their presence was noted later. The invocation was offered by the Chaplain, the Reverend Steve Olmstead of Chapel by the Lake Presbyterian Church. Representative Meyer moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Praying the Psalms has been an important spiritual practice of Jews and Christians for centuries. I invite you to join with me in praying portions of Psalm 139. "O Lord, you have searched me and know me. You know when I sit down and when I rise up; you discern my thoughts from far away. You search out my path and my lying down, and are acquainted with all my ways. Even before a word is on my tongue, O Lord, you know it completely. You hem me in, behind and before, and lay your hand upon me. Such knowledge is too wonderful for me; it is so high that I cannot attain it … For it was you who formed my inward parts; you knit me together in my mother's womb. I praise you for I am fearfully and wonderfully made. Wonderful are your works that I know very well … Search me, O God, and know my 2005-04-04 House Journal Page 0826 heart; test me and know my thoughts. See if there is any wicked way in me and lead me in the way everlasting." O Lord, I lift up to You all who are gathered in this room and all who work with these public servants. Search them, O God, and know their hearts; test them and know their thoughts. See if there is any wicked way in them and lead them in the way of truth, the way everlasting. In the power of the resurrection, Amen. The Pledge of Allegiance was led by Representative Gruenberg. CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 82nd, 83rd, and 84th legislative days, House Journal Supplement No. 2, and House and Senate Joint Journal Supplement No. 6 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HB 115 A message dated April 1, 2005, 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: SENATE CS FOR CS FOR HOUSE BILL NO. 115(FIN) "An Act relating to charges paid or collected by users or occupants of an airport facility owned or controlled by the state; and providing for an effective date." Chapter No. 5, SLA 2005 Effective Date: April 2, 2005 **The presence of Representatives Croft and Anderson was noted. 2005-04-04 House Journal Page 0827 HB 158 A message dated April 1, 2005, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE BILL NO. 158 "An Act relating to the public school account and renaming the public school account as the public education fund; and providing for an effective date." Chapter No. 4, SLA 2005 Effective Date: April 2, 2005 MESSAGES FROM THE SENATE A message dated April 1, 2005, was read stating the Senate has passed the following and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 143 CS FOR SENATE BILL NO. 143(STA) by the Senate State Affairs Committee, entitled: "An Act amending the definition of the term 'state agencies' as it applies under Executive Order No. 113; relating to information systems in the legislative branch and to the Telecommunications Information Council; and providing for an effective date." was read the first time and referred to the Judiciary Committee. **The presence of Representative Berkowitz was noted. REPORTS OF STANDING COMMITTEES HJR 16 The Resources Committee has considered: 2005-04-04 House Journal Page 0828 HOUSE JOINT RESOLUTION NO. 16 Opposing the designation of any area in the state as a world heritage site, biosphere reserve, or any other type of international designation without the consent of the Alaska State Legislature. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 16(RES) Opposing the designation of any area in the state as a world heritage site, biosphere reserve, or any other type of international designation without the consent of the Alaska State Legislature and affected local governments. The report was signed by Representatives Ramras and Samuels, Co- chairs, with the following individual recommendations: Do pass (3): Elkins, LeDoux, Crawford No recommendation (5): Olson, Gatto, Seaton, Ramras, Samuels The following fiscal note(s) apply to CSHJR 16(RES): 1. Zero, Legislative Agency HJR 16 was referred to the Rules Committee for placement on the calendar. HB 20 The Finance Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 20 "An Act relating to a separate appropriation bill for operating expenses for primary and secondary public education and establishing a date by which the bill must be transmitted to the governor each year; relating to notice of nonretention for tenured teachers; and providing for an effective date." and recommends it be replaced with: 2005-04-04 House Journal Page 0829 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 20(EDU) "An Act relating to a separate appropriation bill for operating expenses for primary and secondary public education and establishing a date by which the bill must be transmitted to the governor each year; and providing for an effective date." The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (3): Moses, Meyer, Chenault No recommendation (5): Foster, Weyhrauch, Stoltze, Joule, Kelly The following fiscal note(s) apply to CSSSHB 20(EDU): 1. Zero, Dept. of Education & Early Development SSHB 20 was referred to the Rules Committee for placement on the calendar. HB 53 The Health, Education & Social Services Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 53 "An Act relating to child-in-need-of-aid proceedings; amending the construction of statutes pertaining to children in need of aid; relating to a duty and standard of care for services to children and families, to the confidentiality of investigations, court hearings, and public agency records and information in child-in-need-of-aid matters and certain child protection matters, to immunity regarding disclosure of information in child-in-need-of-aid matters and certain child protection matters, to the retention of certain privileges of a parent in a relinquishment and termination of a parent and child relationship proceeding, to eligibility for permanent fund dividends for certain children in the custody of the state, and to juvenile delinquency proceedings and placements; establishing a right to a trial by jury in termination of parental rights proceedings; reestablishing and relating to state citizens' review panels for certain child protection and custody matters; 2005-04-04 House Journal Page 0830 amending the duty to disclose information pertaining to a child in need of aid; authorizing additional family members to consent to disclosure of confidential or privileged information about children and families involved with children's services within the Department of Health and Social Services to officials for review or use in official capacities; relating to reports of harm and to adoptions and foster care; mandating reporting of the medication of children in state custody; prescribing the rights of grandparents related to child-in-need-of-aid cases and establishing a grandparent priority for adoption in certain child-in-need-of-aid cases; modifying adoption and placement procedures in certain child-in-need-of-aid cases; amending treatment service requirements for parents involved in child-in-need-of-aid proceedings; amending Rules 9 and 13, Alaska Adoption Rules; amending Rules 3, 18, and 22, Alaska Child in Need of Aid Rules of Procedure; and providing for an effective date." and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 53(HES) "An Act relating to child-in-need-of-aid proceedings; amending the construction of statutes pertaining to children in need of aid; relating to guardianships; relating to the confidentiality of investigations, court hearings, and public agency records and information in child-in-need-of-aid matters and certain child protection matters, to immunity regarding disclosure of information in child-in-need-of-aid matters and certain child protection matters, to proceedings regarding voluntary relinquishment and termination of a parent and child relationship, to eligibility for permanent fund dividends for certain children in the custody of the state, and to juvenile delinquency proceedings and placements; establishing a right to a trial by jury in termination of parental rights proceedings; reestablishing and relating to a state citizens' review panel; amending the duty to disclose information pertaining to a child in need of aid; relating to disclosure of confidential or privileged information about children and families involved with children's services within the Department of Health and Social Services to officials for review or use in official capacities; relating to reports of harm and to 2005-04-04 House Journal Page 0831 adoptions and foster care; relating to consent for the medication of children in state custody; prescribing the rights of family members related to child-in-need-of-aid cases and establishing a familial priority for adoption in certain child-in-need-of-aid cases; modifying adoption and placement procedures in certain child-in- need-of-aid cases; amending Rules 9 and 13, Alaska Adoption Rules; amending Rules 3, 17.2, 18, and 22, Alaska Child in Need of Aid Rules of Procedure; amending Rules 14 and 15, Rules of Probate Procedure; and providing for an effective date." The report was signed by Representative Wilson, Chair, with the following individual recommendations: Do pass (5): Anderson, Kohring, McGuire, Seaton, Wilson The following fiscal note(s) apply to CSSSHB 53(HES): 1. Fiscal, Dept. of Administration 2. Fiscal, Dept. of Health & Social Services 3. Fiscal, Dept. of Health & Social Services 4. Fiscal, Dept. of Health & Social Services 5. Fiscal, Dept. of Law SSHB 53 was referred to the Judiciary Committee. **The presence of Representative Kott was noted. HB 66 The Finance Committee has considered: HOUSE BILL NO. 66 "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 66(FIN) (same title) 2005-04-04 House Journal Page 0832 The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (7): Hawker, Holm, Foster, Stoltze, Weyhrauch, Meyer, Chenault No recommendation (3): Joule, Moses, Kelly HB 66 was referred to the Rules Committee for placement on the calendar. HB 67 The Finance Committee has considered: HOUSE BILL NO. 67 "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 67(FIN) (same title) The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (6): Hawker, Holm, Foster, Stoltze, Meyer, Chenault No recommendation (3): Weyhrauch, Moses, Kelly Amend (1): Joule HB 67 was referred to the Rules Committee for placement on the calendar. 2005-04-04 House Journal Page 0833 HB 101 The Judiciary Committee has considered: HOUSE BILL NO. 101 "An Act relating to sex trafficking and tourism." and recommends it be replaced with: CS FOR HOUSE BILL NO. 101(JUD) "An Act relating to sex tourism." The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (5): Kott, Gruenberg, Dahlstrom, Gara, McGuire The following fiscal note(s) apply to CSHB 101(JUD): 1. Zero, Dept. of Administration 2. Zero, Dept. of Corrections 3. Zero, Alaska Court System 4. Zero, Dept. of Law 5. Zero, Dept. of Public Safety HB 101 was referred to the Finance Committee. HB 111 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 111 "An Act adding birthing centers to the list of health facilities eligible for payment of medical assistance for needy persons." and recommends it be replaced with: CS FOR HOUSE BILL NO. 111(HES) (same title) The report was signed by Representative Wilson, Chair, with the following individual recommendations: 2005-04-04 House Journal Page 0834 Do pass (1): Seaton No recommendation (2): Anderson, McGuire Amend (2): Kohring, Wilson The following fiscal note(s) apply to CSHB 111(HES): 1. Zero, Dept. of Health & Social Services HB 111 was referred to the Finance Committee. HB 133 The State Affairs Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 133 "An Act relating to incorporation of boroughs and to regulations of the Local Boundary Commission to provide standards and procedures for municipal incorporation, reclassification, dissolution, and certain municipal boundary changes; and providing for an effective date." and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 133(STA) "An Act relating to incorporation of boroughs, to annexation by local action, and to regulations of the Local Boundary Commission to provide standards and procedures for municipal incorporation, reclassification, dissolution, and certain municipal boundary changes; and providing for an effective date." The report was signed by Representative Seaton, Chair, with the following individual recommendations: Do pass (3): Lynn, Elkins, Seaton No recommendation (2): Gardner, Gruenberg 2005-04-04 House Journal Page 0835 The following fiscal note(s) apply to CSSSHB 133(STA): 1. Zero, Dept. of Commerce, Community, & Economic Development SSHB 133 was referred to the Rules Committee for placement on the calendar. HB 142 The Resources Committee has considered: HOUSE BILL NO. 142 "An Act relating to regulation of underground injection under the federal Safe Drinking Water Act; and providing for an effective date." The report was signed by Representatives Ramras and Samuels, Co- chairs, with the following individual recommendations: Do pass (2): Elkins, Samuels No recommendation (6): Olson, Kapsner, Gatto, LeDoux, Crawford, Ramras The following fiscal note(s) apply: 1. Zero, Dept. of Natural Resources 2. Fiscal, Dept. of Administration HB 142 was referred to the Finance Committee. HB 174 The Resources Committee has considered: HOUSE BILL NO. 174 "An Act relating to commercial fishing permit and vessel license fees; and providing for an effective date." and recommends it be replaced with: 2005-04-04 House Journal Page 0836 CS FOR HOUSE BILL NO. 174(RES) (same title) The report was signed by Representatives Ramras and Samuels, Co- chairs, with the following individual recommendations: Do pass (2): Elkins, Samuels No recommendation (4): Olson, Gatto, Crawford, Ramras Amend (2): Seaton, LeDoux The following fiscal note(s) apply to CSHB 174(RES): 1. Fiscal, Dept. of Fish & Game HB 174 was referred to the Finance Committee. HB 178 The Finance Committee has considered: HOUSE BILL NO. 178 "An Act relating to special motor vehicle registration plates; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 178(FIN) (same title) The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (5): Foster, Stoltze, Holm, Meyer, Chenault No recommendation (1): Kelly The following fiscal note(s) apply to CSHB 178(FIN): 2. Fiscal, Dept. of Administration 2005-04-04 House Journal Page 0837 HB 178 was referred to the Rules Committee for placement on the calendar. HB 185 The Finance Committee has considered: HOUSE BILL NO. 185 "An Act relating to immunization of postsecondary students for meningitis; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 185(FIN) (same title) The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (4): Holm, Foster, Meyer, Chenault No recommendation (5): Hawker, Croft, Stoltze, Moses, Kelly The following fiscal note(s) apply to CSHB 185(FIN): 1. Zero, Dept. of Education & Early Development HB 185 was referred to the Rules Committee for placement on the calendar. HB 211 The Labor & Commerce Committee has considered: HOUSE BILL NO. 211 "An Act extending the termination date of the Board of Dental Examiners; and relating to dentists and dental hygienists." The report was signed by Representative Anderson, Chair, with the following individual recommendations: 2005-04-04 House Journal Page 0838 Do pass (4): Crawford, Lynn, Rokeberg, Anderson No recommendation (2): LeDoux, Guttenberg The following fiscal note(s) apply: 1. Fiscal, Dept. of Commerce, Community, & Economic Development HB 211 was referred to the Finance Committee. HB 216 The Labor & Commerce Committee has considered: HOUSE BILL NO. 216 "An Act relating to insurance rate-making and form filing." and recommends it be replaced with: CS FOR HOUSE BILL NO. 216(L&C) (same title) The report was signed by Representative Anderson, Chair, with the following individual recommendations: Do pass (3): Crawford, Rokeberg, Anderson No recommendation (3): Lynn, LeDoux, Guttenberg The following fiscal note(s) apply to CSHB 216(L&C): 1. Zero, Dept. of Commerce, Community, & Economic Development HB 216 was referred to the Finance Committee. HB 220 The Health, Education & Social Services Committee has considered: 2005-04-04 House Journal Page 0839 HOUSE BILL NO. 220 "An Act relating to mental health patient rights and to a hospital's duty to provide choice of the sex of staff providing intimate care to a mental health patient." and recommends it be replaced with: CS FOR HOUSE BILL NO. 220(HES) (same title) The report was signed by Representative Wilson, Chair, with the following individual recommendations: Do pass (2): McGuire, Wilson Do not pass (1): Anderson No recommendation (1): Seaton The following fiscal note(s) apply to CSHB 220(HES): 1. Zero, Dept. of Health & Social Services 2. Fiscal, Dept. of Health & Social Services HB 220 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Frank Dahl By Representative Anderson Honoring - Noorvik Aqqaluk School By Representative Joule Honoring - YWCA 2004 Women of Achievement Award Winner Carol Gore By Senator Ellis 2005-04-04 House Journal Page 0840 Honoring - Michael Binkie By Senator Stedman; Representative Wilson Honoring - Kristen Forrester By Senator Green Honoring - Region I Elections Supervisor, Pamela J. Crowe By Senators Elton, Stedman In Memoriam - Ron Zobel By Representative Croft In Memoriam - LB Mauldin By Representatives Stoltze, Dahlstrom, Hawker, Kott; Senators Bunde, Dyson INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HCR 6 HOUSE CONCURRENT RESOLUTION NO. 6 by Representatives Kott, Harris, Rokeberg, Chenault, Berkowitz, McGuire, and Dahlstrom: Relating to the continuation of the Alaska Information Infrastructure Policy Task Force until the first day of the First Regular Session of the Twenty-Fifth Alaska State Legislature in January 2007. was read the first time and referred to the House Special Committee on Economic Development, International Trade, & Tourism. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 247 HOUSE BILL NO. 247 by Representatives Croft and Crawford, entitled: "An Act establishing a grant program to support voluntary class size reduction." 2005-04-04 House Journal Page 0841 was read the first time and referred to the House Special Committee on Education and the Health, Education & Social Services and Finance Committees. HB 248 HOUSE BILL NO. 248 by Representative Hawker, entitled: "An Act relating to the exemption from public inspection of certain records and information of public agencies that are compiled in connection with peace or correctional officers." was read the first time and referred to the State Affairs and Judiciary Committees. HB 249 HOUSE BILL NO. 249 by Representatives Hawker, Holm, and Olson, entitled: "An Act relating to enhanced 911 surcharges imposed by a municipality." was read the first time and referred to the Community & Regional Affairs and Labor & Commerce Committees. HB 250 HOUSE BILL NO. 250 by Representative Gatto, entitled: "An Act relating to child-in-need-of-aid proceedings." was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. **The presence of Representative Guttenberg was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 95 The following was read the second time: 2005-04-04 House Journal Page 0842 HOUSE BILL NO. 95 "An Act relating to public health and public health emergencies and disasters; relating to duties of the public defender and office of public advocacy regarding public health matters; relating to certain claims for public health matters; making conforming amendments; and providing for an effective date." with the: Journal Page HES RPT CS(HES) NT 2DP 2NR 1AM 285 FN1: ZERO(HSS) 286 JUD RPT CS(JUD) NT 1DP 6NR 561 FN1: ZERO(HSS) 562 RLS RPT CS(RLS) NT 3DP 2NR 1AM 793 FN1: ZERO(HSS) 794 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. 95(RLS) "An Act relating to the duties of the Department of Health and Social Services as those duties pertain to public health and public health emergencies and disasters; relating to medical treatment, information, isolation and quarantine for the prevention and management of conditions of public health importance; relating to duties of the public defender and office of public advocacy regarding public health emergencies and disasters; relating to liability for actions arising from public health procedures; making conforming amendments; relating to the treatment and transportation of dead bodies; amending Rules 4, 7, 8, 38, 40, 65, 72, and 77, Alaska Rules of Civil Procedure; and providing for an effective date." There being no objection, it was so ordered. **The presence of Representative Weyhrauch was noted. Amendment No. 1 was offered by Representative Gara: 2005-04-04 House Journal Page 0843 Page 3, line 5, following "state employee": Insert "or if the employee releases medical records or quarantines or isolates in knowing violation of AS 18.15.362, AS 18.15.365 or AS 18.15.385" Representative Gara moved and asked unanimous consent that Amendment No. 1 be adopted. Representative McGuire objected. Amendment to Amendment No. 1 was offered by Representative Gara: Delete "AS 18.15.362," Representative Gara moved and asked unanimous consent that Amendment to Amendment No. 1 be adopted. There being no objection, Amendment to Amendment No. 1 was adopted. The question being: "Shall Amendment No. 1 as amended be adopted?" The roll was taken with the following result: CSHB 95(RLS) Second Reading Amendment No. 1 as amended YEAS: 15 NAYS: 21 EXCUSED: 2 ABSENT: 2 Yeas: Berkowitz, Cissna, Crawford, Croft, Elkins, Gara, Gardner, Gruenberg, Guttenberg, Joule, Kapsner, Kott, LeDoux, Salmon, Weyhrauch Nays: Anderson, Chenault, Coghill, Dahlstrom, Foster, Gatto, Harris, Hawker, Holm, Kelly, Lynn, McGuire, Meyer, Neuman, Olson, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Kerttula, Kohring Absent: Moses, Ramras And so, Amendment No. 1 as amended was not adopted. 2005-04-04 House Journal Page 0844 Representative Coghill moved and asked unanimous consent that CSHB 95(RLS) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 95(RLS) was read the third time. The question being: "Shall CSHB 95(RLS) pass the House?" The roll was taken with the following result: CSHB 95(RLS) Third Reading Final Passage YEAS: 31 NAYS: 5 EXCUSED: 2 ABSENT: 2 Yeas: Anderson, Chenault, Cissna, Coghill, Dahlstrom, Elkins, Foster, Gardner, Gatto, Gruenberg, Harris, Hawker, Holm, Kapsner, Kelly, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Nays: Berkowitz, Crawford, Croft, Gara, Guttenberg Excused: Kerttula, Kohring Absent: Joule, Moses And so, CSHB 95(RLS) 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. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule changes. Representative Berkowitz objected. Representative Coghill placed a call of the House and lifted the call. The question being: "Shall the court rule changes be adopted?" The roll was taken with the following result: 2005-04-04 House Journal Page 0845 CSHB 95(RLS) Third Reading Court Rules YEAS: 33 NAYS: 1 EXCUSED: 2 ABSENT: 4 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Dahlstrom, Elkins, Foster, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kapsner, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Nays: Crawford Excused: Kerttula, Kohring Absent: Croft, Gara, Joule, Kelly And so, the court rule changes were adopted. Representative Gruenberg gave notice of reconsideration of the vote on CSHB 95(RLS). The Speaker stated that, without objection, the House would recess; and so, the House recessed at 1:19 p.m. AFTER RECESS The Speaker called the House back to order at 2:02 p.m. SECOND READING OF HOUSE BILLS (continued) HB 128 The following was read the second time: HOUSE BILL NO. 128 "An Act establishing the Alaska Schools Physical Activity Task Force." 2005-04-04 House Journal Page 0846 with the: Journal Page EDU RPT CS(EDU) 7DP 566 FN1: ZERO(EED) 566 HES RPT CS(HES) 5DP 2NR 795 FN1: ZERO(EED) 796 FN2: ZERO(LEG) 796 FIN REFERRAL WAIVED 817 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. 128(HES) (same title) There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 128(HES) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 128(HES) was read the third time. The question being: "Shall CSHB 128(HES) pass the House?" The roll was taken with the following result: CSHB 128(HES) Third Reading Final Passage YEAS: 37 NAYS: 1 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Nays: Coghill 2005-04-04 House Journal Page 0847 Excused: Kerttula, Kohring And so, CSHB 128(HES) passed the House and was referred to the Chief Clerk for engrossment. HB 198 The following was read the second time: HOUSE BILL NO. 198 "An Act relating to aquatic farming; and providing for an effective date." with the: Journal Page FSH RPT CS(FSH) 3DP 2NR 689 FN1: ZERO(DFG) 689 RES RPT CS(RES) 4DP 3NR 1AM 797 FN1: ZERO(DFG) 797 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. 198(RES) (same title) There being no objection, it was so ordered. Amendment No. 1 (title amendment) was offered by Representatives Berkowitz, Elkins, and Thomas: Page 1, line 1, following "aquatic": Insert "plant and shellfish" Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, Amendment No. 1 was adopted and the new title follows: 2005-04-04 House Journal Page 0848 CS FOR HOUSE BILL NO. 198(RES)(title am) "An Act relating to aquatic plant and shellfish farming; and providing for an effective date." Representative Coghill moved and asked unanimous consent that CSHB 198(RES)(title am) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 198(RES)(title am) was read the third time. Representative Weyhrauch moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objection was heard, and Representative Weyhrauch was required to vote. The question being: "Shall CSHB 198(RES)(title am) pass the House?" The roll was taken with the following result: CSHB 198(RES)(title am) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Excused: Kerttula, Kohring And so, CSHB 198(RES)(title am) passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 198(RES)(title am) was referred to the Chief Clerk for engrossment. 2005-04-04 House Journal Page 0849 THIRD READING OF SENATE RESOLUTIONS SJR 6 The following, which was advanced to third reading from the April 1, 2005, calendar (page 815), was read the third time: HOUSE CS FOR SENATE JOINT RESOLUTION NO. 6(FIN) am H Relating to a reduction in the Federal Medical Assistance Percentage for Alaskans, and urging the United States Congress to take action to prevent the reduction. The question being: "Shall HCS SJR 6(FIN) am H pass the House?" The roll was taken with the following result: HCS SJR 6(FIN) am H Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 2 ABSENT: 2 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Holm, Joule, Kapsner, Kelly, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Excused: Kerttula, Kohring Absent: Hawker, Kott And so, HCS SJR 6(FIN) am H 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: 2005-04-04 House Journal Page 0850 Honoring - Bill Stockwell By Representatives Gara, Harris, Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Elkins, Gardner, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kohring, Kott, LeDoux, McGuire, Meyer, Neuman, Olson, Ramras, Salmon, Samuels, Seaton, Thomas, Weyhrauch, Wilson Honoring - Dr. Peter Wilkniss, Polar Scientist By Representatives Berkowitz, Harris, Anderson, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kohring, Kott, LeDoux, McGuire, Meyer, Neuman, Olson, Ramras, Salmon, Samuels, Seaton, Thomas, Weyhrauch, Wilson Honoring - Alaskan Athletes of the 2005 Special Olympics World Winter Games By Representatives Lynn, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kohring, Kott, LeDoux, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Honoring - The Borealis Bullseyes Junior Olympic Rifle Team By Representatives Meyer, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kohring, Kott, LeDoux, Lynn, McGuire, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson In Memoriam - Lydia L. Mack By Representatives Moses, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kott, LeDoux, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson 2005-04-04 House Journal Page 0851 In Memoriam - W.I. "Bob" Palmer By Representatives Weyhrauch, Kerttula, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kott, LeDoux, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson; Senator Elton In Memoriam - Harold Oluf Fossum By Representatives Weyhrauch, Kerttula, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kott, LeDoux, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson; Senator Elton In Memoriam - Elva R. Scott By Senator Kookesh; Representatives Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kott, LeDoux, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson In Memoriam - Sally Woods Evans Hudson By Senator Kookesh; Representatives Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kott, LeDoux, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson In Memoriam - George Alan Pikus By Senator Gary Stevens; Representatives LeDoux, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kott, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson 2005-04-04 House Journal Page 0852 UNFINISHED BUSINESS HB 133 The Speaker added a Judiciary Committee referral for the following: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 133 "An Act relating to incorporation of boroughs and to regulations of the Local Boundary Commission to provide standards and procedures for municipal incorporation, reclassification, dissolution, and certain municipal boundary changes; and providing for an effective date." SSHB 133 was removed from the Rules Committee and referred to the Judiciary Committee. HB 41 Representatives Foster and Holm added their names as cosponsors to: HOUSE BILL NO. 41 "An Act relating to minimum periods of imprisonment for the crime of assault in the fourth degree committed against an employee of an elementary, junior high, or secondary school who was engaged in the performance of school duties at the time of the assault." HB 128 Representatives Kapsner, Neuman, and Samuels added their names as cosponsors to: CS FOR HOUSE BILL NO. 128(HES) "An Act establishing the Alaska Schools Physical Activity Task Force." HB 131 Representatives Kelly, Meyer, and Foster added their names as cosponsors to: HOUSE BILL NO. 131 "An Act increasing the criminal classification of theft of an access device and of obtaining an access device or identification 2005-04-04 House Journal Page 0853 documents by fraudulent means; increasing the criminal classification for certain cases of fraudulent use of an access device; and providing for an effective date." HB 132 Representatives Kelly, Meyer, Foster, and Holm added their names as cosponsors to: HOUSE BILL NO. 132 "An Act relating to sentencing for certain crimes committed against the elderly; and providing for an effective date." HB 178 Representative Chenault added his name as cosponsor to: HOUSE BILL NO. 178 "An Act relating to special motor vehicle registration plates; and providing for an effective date." HB 198 Representatives Dahlstrom and McGuire added their names as cosponsors to: CS FOR HOUSE BILL NO. 198(RES)(title am) "An Act relating to aquatic plant and shellfish farming; and providing for an effective date." HB 201 Representative Elkins added his name as cosponsor to: HOUSE BILL NO. 201 "An Act relating to an application for a permanent fund dividend for a member of the armed forces of the United States serving on active duty outside of the state; and providing for an effective date." HB 210 Representative Gara added his name as cosponsor to: 2005-04-04 House Journal Page 0854 HOUSE BILL NO. 210 "An Act relating to blood testing of certain persons alleged to have committed certain offenses directed toward peace officers or emergency workers." ENGROSSMENT HB 128 CSHB 128(HES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 198 CSHB 198(RES)(title am) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SJR 6 HCS SJR 6(FIN) am H 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 CHANGED: upon adjournment Resources Committee CHANGED: upon adjournment Judiciary Committee CANCELED ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 5, 2005. There being no objection, the House adjourned at 2:40 p.m. Suzi Lowell Chief Clerk