Legislature(2005 - 2006)
2005-04-22 House Journal
Full Journal pdf2005-04-22 House Journal Page 1209 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE - FIRST SESSION Juneau, Alaska Friday April 22, 2005 One Hundred Third Day Pursuant to adjournment the House was called to order by Speaker Harris at 10:22 a.m. Roll call showed 38 members present. Representatives Gatto and Seaton had been previously excused from a call of the House today. The invocation was offered by the Chaplain, the Reverend Michael Curran of St. Brendan's Episcopal Church. Representative McGuire moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. In deepest respect for the religious beliefs of all persons here, I invite you into a time of prayer and reflection. Let us pray. Creator, it is we who thank You for today's sunrise as we bless all those lives who work here and sustain it. Creator, bless and give comfort to their families as they await their safe return to their homes and communities. Let this be a place of peace to all who enter it. Give wisdom, peace, and justice to those who administer it; guide their thoughts and actions and let their good works spread beyond the four walls and directions, honoring each other's gifts of culture, wisdom, justice, and peace. Holy Spirit, fly high as You carry our prayers to the Creator and Savior. May we have eyes that are sharp so we may be able to see the truth, hope, and vision of this place. Guide our works and give us courage to walk the circle of our lives with honesty and dignity. Let us feel the compassion of all 2005-04-22 House Journal Page 1210 mankind. Help us to walk our paths with joy and love for ourselves, for others, and all of Your creation to whom we are stewards. Show us it is right for us to make decisions with our hearts, even if at times our hearts become hurt. Help us to grow and nurture our worth in all ways. Give us wisdom to make wise choices in all things which are put in front of us, and grant through the Creator's holy spirit that we always give thanks to our Creator and Mother Earth for all they have given us. Remind us never to take more than we need and remind us to always give back more than we take. To our Creator we pray, and may His holy spirit dwell among us and this place forever. Amen. The Pledge of Allegiance was led by Representative Kott. 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. * * * * * Representative Meyer introduced Zane Millexx, Guest Page, from Anchorage. MESSAGES FROM THE SENATE A message dated April 21, 2005, was read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 103 SENATE BILL NO. 103 by the Senate Rules Committee by request of the Governor, entitled: 2005-04-22 House Journal Page 1211 "An Act relating to regulation of underground injection under the federal Safe Drinking Water Act; and providing for an effective date." was read the first time and referred to the Finance Committee. SB 132 SENATE BILL NO. 132(efd fld) by the Senate Rules Committee by request of the Governor, entitled: "An Act relating to complaints filed with, investigations, hearings, and orders of, and the interest rate on awards of the State Commission for Human Rights; and making conforming amendments." was read the first time and referred to the State Affairs and Judiciary Committees. SB 142 CS FOR SENATE BILL NO. 142(L&C) by the Senate Labor and Commerce Committee, entitled: "An Act relating to ownership of land by regional school boards; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs and Finance Committees. SB 158 SENATE BILL NO. 158 by Senator Huggins, entitled: "An Act prohibiting the imposition of municipal sales and use taxes on state construction contracts and certain subcontracts; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. 2005-04-22 House Journal Page 1212 COMMUNICATIONS The following was received: Dept. of Administration Office of the Commissioner Procurement Report A Summary of Executive Branch Activity Fiscal Years 2003 and 2004 (as required by AS 36.30.540) REPORTS OF STANDING COMMITTEES HJR 12 The State Affairs Committee has considered: HOUSE JOINT RESOLUTION NO. 12 Proposing amendments to the Constitution of the State of Alaska relating to the repeal of the budget reserve fund. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 12(W&M) Proposing amendments to the Constitution of the State of Alaska relating to the capital construction permanent fund and to the repeal of the budget reserve fund. The report was signed by Representative Seaton, Chair, with the following individual recommendations: Do pass (4): Lynn, Elkins, Ramras, Seaton No recommendation (2): Gardner, Gruenberg The following fiscal note(s) apply to CSHJR 12(W&M): 1. Fiscal, Dept. of Revenue HJR 12 was referred to the Judiciary Committee. 2005-04-22 House Journal Page 1213 HB 31 The Finance Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 31 "An Act relating to the presumption of coverage for a workers' compensation claim for disability as a result of certain diseases for certain occupations." and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 31(FIN) (same title) The report was signed by Representative Chenault, Co-chair, with the following individual recommendations: Do pass (3): Hawker, Croft, Stoltze No recommendation (4): Weyhrauch, Joule, Kelly, Chenault The following fiscal note(s) apply to CSSSHB 31(FIN): 1. Zero, Dept. of Commerce, Community, & Economic Development 2. Indeterminate, Dept. of Administration 3. Indeterminate, Dept. of Labor & Workforce Development SSHB 31 was referred to the Rules Committee for placement on the calendar. HB 103 The Rules Committee has considered: HOUSE BILL NO. 103 "An Act requiring an actionable claim against the state to be tried without a jury." and recommends it be replaced with: 2005-04-22 House Journal Page 1214 CS FOR HOUSE BILL NO. 103(RLS) "An Act requiring an actionable claim against the state to be tried without a jury unless a jury trial is requested by the state." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do not pass (2): Kerttula, Berkowitz No recommendation (3): Harris, Coghill, Rokeberg Amend (1): Kohring The following fiscal note(s) apply to CSHB 103(RLS): 1. Fiscal, Alaska Court System 2. Indeterminate, Dept. of Law HB 103 was returned to the Rules Committee for placement on the calendar. HB 190 The Labor & Commerce Committee has considered: HOUSE BILL NO. 190 "An Act relating to the purchase of alcoholic beverages and to requiring identification to buy alcoholic beverages; requiring driver's licenses and identification cards to be marked if a person is restricted from consuming alcoholic beverages as a result of a conviction or condition of probation or parole." and recommends it be replaced with: CS FOR HOUSE BILL NO. 190(L&C) "An Act relating to the purchase of alcoholic beverages and to access to licensed premises; relating to civil liability for certain persons accessing licensed premises; requiring driver's licenses and identification cards to be marked if a person is restricted from consuming alcoholic beverages as a result of a conviction or condition of probation or parole." 2005-04-22 House Journal Page 1215 The report was signed by Representative Kott, Vice Chair, with the following individual recommendations: Do pass (3): Crawford, Lynn, Kott No recommendation (2): LeDoux, Guttenberg The following fiscal note(s) apply to CSHB 190(L&C): 1. Indeterminate, Dept. of Administration HB 190 was referred to the Judiciary Committee. HB 226 The Labor & Commerce Committee has considered: HOUSE BILL NO. 226 "An Act relating to breaches of security involving personal information; and relating to credit report security freezes." and recommends it be replaced with: CS FOR HOUSE BILL NO. 226(L&C) (same title) The report was signed by Representative Kott, Vice Chair, with the following individual recommendations: Do pass (4): Lynn, LeDoux, Guttenberg, Kott No recommendation (1): Rokeberg The following fiscal note(s) apply to CSHB 226(L&C): 1. Zero, Dept. of Law HB 226 was referred to the Judiciary Committee. 2005-04-22 House Journal Page 1216 HB 272 The Labor & Commerce Committee has considered: HOUSE BILL NO. 272 "An Act relating to card rooms and card operations." The report was signed by Representative Anderson, Chair, with the following individual recommendations: Do pass (2): Kott, Anderson Do not pass (2): Crawford, Guttenberg No recommendation (2): LeDoux, Rokeberg The following fiscal note(s) apply: 1. Indeterminate, Dept. of Revenue HB 272 was referred to the Judiciary Committee. SB 67 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 67(JUD)(efd fld) "An Act relating to claims for personal injury or wrongful death against health care providers." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 67(JUD) (same title) The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (2): Anderson, McGuire Do not pass (3): Dahlstrom, Gruenberg, Gara 2005-04-22 House Journal Page 1217 No recommendation (1): Coghill Amend (1): Kott The following fiscal note(s) apply to HCS CSSB 67(JUD): 1. Zero, Dept. of Law 2. Zero, Dept. of Commerce, Community, & Economic Development CSSB 67(JUD)(efd fld) was referred to the Finance Committee. Representative Gara moved and asked unanimous consent that CSSB 67(JUD)(efd fld) be re-referred to the Judiciary Committee. Representative Coghill objected. Representative Dahlstrom placed a call of the House. The call was satisfied. The question being: "Shall CSSB 67(JUD)(efd fld) be re-referred to the Judiciary Committee?" The roll was taken with the following result: CSSB 67(JUD)(efd fld) Re-refer to the Judiciary Committee YEAS: 15 NAYS: 23 EXCUSED: 2 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Elkins, Gara, Gardner, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Lynn, Moses, Salmon Nays: Anderson, Chenault, Coghill, Dahlstrom, Foster, Harris, Hawker, Holm, Kelly, Kohring, Kott, LeDoux, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels, Stoltze, Thomas, Weyhrauch, Wilson Excused: Gatto, Seaton And so, the motion failed. CSSB 67(JUD)(efd fld) is in the Finance Committee. 2005-04-22 House Journal Page 1218 SB 141 The State Affairs Committee has considered: CS FOR SENATE BILL NO. 141(FIN) "An Act relating to the teachers' and public employees' retirement systems and creating defined contribution and health reimbursement plans for members of the teachers' retirement system and the public employees' retirement system who are first hired after July 1, 2005; relating to university retirement programs; establishing the Alaska Retirement Management Board to replace the Alaska State Pension Investment Board, the Alaska Teachers' Retirement Board, and the Public Employees' Retirement Board; adding appeals of the decisions of the administrator of the teachers' and public employees' retirement systems to the jurisdiction of the office of administrative hearings; providing for nonvested members of the teachers' retirement system defined benefit plans to transfer into the teachers' retirement system defined contribution plan and for nonvested members of the public employees' retirement system defined benefit plans to transfer into the public employees' retirement system defined contribution plan; providing for political subdivisions and public organizations to request to participate in the public employees' defined contribution retirement plan; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 141(STA) (same title) The report was signed by Representative Seaton, Chair, with the following individual recommendations: Do pass (1): Seaton No recommendation (5): Lynn, Gatto, Gruenberg, Elkins, Ramras The following fiscal note(s) apply to HCS CSSB 141(STA): 2005-04-22 House Journal Page 1219 1. Fiscal, Dept. of Administration 2. Fiscal, Dept. of Administration 3. Fiscal, Dept. of Revenue 4. Fiscal, Dept. of Revenue 5. Fiscal, Dept. of Revenue 6. Fiscal, Dept. of Revenue 7. Fiscal, Dept. of Revenue 8. Fiscal, Senate Finance Committee/Dept. of Administration CSSB 141(FIN) was referred to the Finance Committee. REPORTS OF SPECIAL COMMITTEES HCR 6 The House Special Committee on Economic Development, International Trade, & Tourism has considered: HOUSE CONCURRENT RESOLUTION NO. 6 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. The report was signed by Representative Dahlstrom, Chair, with the following individual recommendations: Do pass (6): Crawford, Kerttula, Lynn, Neuman, Ramras, Dahlstrom The following fiscal note(s) apply: 1. Fiscal, Legislative Agency HCR 6 was referred to the Rules Committee for placement on the calendar. HJR 19 The House Special Committee on Ways & Means has considered: 2005-04-22 House Journal Page 1220 HOUSE JOINT RESOLUTION NO. 19 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. The report was signed by Representative Weyhrauch, Chair, with the following individual recommendations: Do pass (4): Rokeberg, Samuels, Moses, Weyhrauch No recommendation (1): Gruenberg The following fiscal note(s) apply: 1. Zero, Dept. of Revenue 2. Fiscal, Office of the Governor HJR 19 was referred to the Judiciary Committee. HB 173 The House Special Committee on Education has considered: HOUSE BILL NO. 173 "An Act relating to school funding and adjusting the district cost factors; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 173(EDU) (same title) The report was signed by Representative Neuman, Chair, with the following individual recommendations: No recommendation (4): Salmon, Thomas, Lynn, Neuman Amend (2): Gara, Wilson The following fiscal note(s) apply to CSHB 173(EDU): 2005-04-22 House Journal Page 1221 1. Fiscal, Dept. of Education & Early Development HB 173 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: Honoring - Dawn Brettrager, Colony High School Swim Coach By Senator Green; Representative Stoltze INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HCR 11 HOUSE CONCURRENT RESOLUTION NO. 11 by Representatives Cissna, McGuire, Gruenberg, Dahlstrom, Anderson, Neuman, and Lynn: Proclaiming July 24, 2005, as Parents' Day. was read the first time and referred to the Health, Education & Social Services Committee. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 284 HOUSE BILL NO. 284 by Representatives Harris and Ramras, entitled: "An Act making an appropriation to the statutory budget reserve fund; making an appropriation under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." was read the first time and referred to the Finance Committee. 2005-04-22 House Journal Page 1222 HB 285 HOUSE BILL NO. 285 by Representative Salmon, entitled: "An Act authorizing an advisory vote on whether income of the Alaska permanent fund in the earnings reserve account should be used to move the state capital." was read the first time and referred to the House Special Committee on Ways & Means and the State Affairs and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 121 The following was read the second time: HOUSE BILL NO. 121 "An Act relating to consolidating or abolishing certain service areas in second class boroughs." with the: Journal Page CRA RPT CS(CRA) NT 1DP 5NR 408 FN1: ZERO(CED) 409 STA RPT CS(CRA) NT 4DP 1NR 540 FN1: ZERO(CED) 540 RLS RPT CS(RLS) NT 4NR 2AM 644 FN1: ZERO(CED) 644 RLS RPT CS(2D RLS) NT 1DP 5NR 1184 FN1: ZERO(CED) 1184 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. 121(2d RLS) "An Act relating to consolidating or abolishing certain road service areas in certain second class boroughs; and providing for an effective date." 2005-04-22 House Journal Page 1223 There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 121(2d RLS) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 121(2d RLS) was read the third time. The question being: "Shall CSHB 121(2d RLS) pass the House?" The roll was taken with the following result: CSHB 121(2d RLS) Third Reading Final Passage YEAS: 35 NAYS: 2 EXCUSED: 2 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Elkins, Foster, Gara, Gardner, Gruenberg, Guttenberg, Harris, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Thomas, Weyhrauch, Wilson Nays: Dahlstrom, Stoltze Excused: Gatto, Seaton Absent: Hawker And so, CSHB 121(2d 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. CSHB 121(2d RLS) was referred to the Chief Clerk for engrossment. HB 123 The following was read the second time: HOUSE BILL NO. 123 "An Act relating to occupational licensing fees and receipts; extending the termination dates of the Boards of Barbers and 2005-04-22 House Journal Page 1224 Hairdressers, Social Work Examiners, Pharmacy, Professional Counselors, Psychologist and Psychological Associate Examiners, and Veterinary Examiners; relating to an exemption that allows one bill to continue more than one board, commission, or agency program; and providing for an effective date." with the: Journal Page L&C RPT CS(L&C) 6DP 266 FN1: (CED) 266 FIN RPT CS(FIN) NT 2DP 5NR 1AM 979 FN1: (CED) 980 RLS RPT CS(RLS) NT 2DP 1NR 3AM 1184 FN1: (CED) 1185 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. 123(RLS) "An Act relating to occupational licensing fees, fines, and penalties and to regulatory board fines; extending the termination dates of the Boards of Barbers and Hairdressers, Social Work Examiners, Pharmacy, Professional Counselors, Psychologist and Psychological Associate Examiners, and Veterinary Examiners; relating to psychologist licensing by credentials; relating to an exemption that allows one bill to continue more than one board, commission, or agency program; and providing for an effective date." Representative Berkowitz objected. The question being: "Shall CSHB 123(RLS) be adopted in lieu of the original bill? The roll was taken with the following result: HB 123 Second Reading Adopt Rules CS YEAS: 21 NAYS: 13 EXCUSED: 2 ABSENT: 4 2005-04-22 House Journal Page 1225 Yeas: Anderson, Chenault, Coghill, Dahlstrom, Elkins, Foster, Harris, Kelly, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Stoltze, Wilson Nays: Berkowitz, Cissna, Crawford, Croft, Gara, Gardner, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Salmon, Thomas Excused: Gatto, Seaton Absent: Hawker, Holm, Samuels, Weyhrauch And so, CSHB 123(RLS) was adopted. Representative Coghill moved and asked unanimous consent that CSHB 123(RLS) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 123(RLS) was read the third time. Representative Croft placed a call of the House on the calendar. The Speaker stated that the call was satisfied. Representative Croft moved and asked unanimous consent that CSHB 123(RLS) be returned to second reading for the specific purpose of considering Amendment No. 1. Representative Rokeberg objected. The question being: "Shall CSHB 123(RLS) be returned to second reading for the specific purpose of considering Amendment No. 1?" The roll was taken with the following result: CSHB 123(RLS) Third Reading Return to Second for Amendment No. 1 YEAS: 25 NAYS: 13 EXCUSED: 2 ABSENT: 0 2005-04-22 House Journal Page 1226 Yeas: Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kott, Lynn, Meyer, Moses, Salmon, Thomas, Weyhrauch Nays: Chenault, Elkins, Foster, Kohring, LeDoux, McGuire, Neuman, Olson, Ramras, Rokeberg, Samuels, Stoltze, Wilson Excused: Gatto, Seaton And so, CSHB 123(RLS) was returned to second reading. Amendment No. 1 was offered by Representative Croft: Page 1, line 8 through Page 4, line 2: Delete all material. Renumber the following bill sections accordingly. Representative Croft moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Wilson objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 123(RLS) Second Reading Amendment No. 1 YEAS: 23 NAYS: 15 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kott, Meyer, Moses, Salmon, Samuels, Thomas Nays: Chenault, Coghill, Foster, Harris, Kohring, LeDoux, Lynn, McGuire, Neuman, Olson, Ramras, Rokeberg, Stoltze, Weyhrauch, Wilson Excused: Gatto, Seaton And so, Amendment No. 1 was adopted. 2005-04-22 House Journal Page 1227 The question being: "Shall CSHB 123(RLS) am pass the House?" The roll was taken with the following result: CSHB 123(RLS) am Third Reading Final Passage YEAS: 34 NAYS: 4 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Salmon, Samuels, Thomas, Weyhrauch, Wilson Nays: Chenault, Foster, Rokeberg, Stoltze Excused: Gatto, Seaton And so, CSHB 123(RLS) 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. Representative Gruenberg gave notice of reconsideration of the vote on CSHB 123(RLS) am. Representative Croft lifted the call. The Speaker stated that the House would stand at ease until 1:10 p.m.; and so, the House stood at ease at 12:38 p.m. AFTER AT EASE The Speaker called the House back to order at 1:26 p.m. SECOND READING OF HOUSE BILLS (continued) HB 133 The following was read the second time: 2005-04-22 House Journal Page 1228 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." with the: Journal Page CRA RPT CS(CRA) 5DP 2NR 517 FN1: ZERO(CED) 518 STA RPT CS(STA) NT 3DP 2NR 834 FN1: ZERO(CED) 835 JUD RPT CS(JUD) NT 2DP 3NR 1124 FN1: ZERO(CED) 1125 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 133(JUD) "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." There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSSSHB 133(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSSSHB 133(JUD) will advance to third reading on the April 25, 2005, calendar. 2005-04-22 House Journal Page 1229 SECOND READING OF SENATE BILLS SB 90 The following was read the second time: CS FOR SENATE BILL NO. 90(STA) "An Act relating to Alaska Territorial Guard Day." with the: Journal Page MLV RPT 4DP 670 FN1: ZERO(GOV/ALL DEPTS) 670 STA RPT 5DP 1102 FN1: ZERO(GOV/ALL DEPTS) 1102 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 Croft - from 2:00 p.m. to 3:00 p.m., today Representative Weyhrauch - from 1:40 p.m. to 2:00 p.m., today Representative Coghill moved and asked unanimous consent that CSSB 90(STA) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSSB 90(STA) was read the third time. The question being: "Shall CSSB 90(STA) pass the House?" The roll was taken with the following result: CSSB 90(STA) Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 2 ABSENT: 4 2005-04-22 House Journal Page 1230 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Elkins, Foster, Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, Meyer, Moses, Neuman, Olson, Rokeberg, Salmon, Samuels, Stoltze, Thomas, Weyhrauch, Wilson Excused: Gatto, Seaton Absent: Anderson, Croft, McGuire, Ramras And so, CSSB 90(STA) passed the House. Representative Lynn moved and asked unanimous consent that all members of the House be shown as cross sponsors to CSSB 90(STA). There being no objection, it was so ordered. CSSB 90(STA) was signed by the Speaker and Chief Clerk and returned to the Senate. THIRD READING OF HOUSE BILLS HB 33 The following, which was advanced to third reading from the April 21, 2005, calendar (page 1190), was read the third time: CS FOR HOUSE BILL NO. 33(FIN) "An Act relating to required notification of the Department of Commerce, Community, and Economic Development, economic effect statements, and regulatory flexibility analyses regarding the adoption of regulations that may govern the conduct of small businesses; relating to a private cause of action, regulation invalidation, and judicial review related to required notification, economic effect statements, and regulatory flexibility analyses for the adoption of regulations that may govern the conduct of small businesses; and providing for an effective date." The question being: "Shall CSHB 33(FIN) pass the House?" The roll was taken with the following result: 2005-04-22 House Journal Page 1231 CSHB 33(FIN) Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 2 ABSENT: 5 Yeas: Chenault, Cissna, Coghill, Crawford, Dahlstrom, Elkins, Foster, Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Rokeberg, Salmon, Samuels, Stoltze, Thomas, Weyhrauch, Wilson Excused: Gatto, Seaton Absent: Anderson, Berkowitz, Croft, Joule, Ramras And so, CSHB 33(FIN) passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 33(FIN) was referred to the Chief Clerk for engrossment. HB 71 The following, which was advanced to third reading from the April 21, 2005, calendar (page 1191), was read the third time: CS FOR HOUSE BILL NO. 71(FIN) "An Act extending and amending the requirements applicable to the credit that may be claimed for certain oil and gas exploration expenses incurred in Cook Inlet against oil and gas properties production (severance) taxes, and amending the credit against those taxes for certain exploration expenditures from leases or properties in the state; and providing for an effective date." **Representative Weyhrauch, who was excused (page 1229), left the Chamber. The question being: "Shall CSHB 71(FIN) pass the House?" The roll was taken with the following result: 2005-04-22 House Journal Page 1232 CSHB 71(FIN) Third Reading Final Passage YEAS: 35 NAYS: 2 EXCUSED: 3 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Stoltze, Thomas, Wilson Nays: Cissna, Kerttula Excused: Gatto, Seaton, Weyhrauch And so, CSHB 71(FIN) passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Berkowitz gave notice of reconsideration of the vote on CSHB 71(FIN). SECOND READING OF HOUSE RESOLUTIONS HCR 7 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 7 Urging the governor to direct the division of oil and gas, Department of Natural Resources, to undertake a comprehensive review of the subject of Cook Inlet oil and gas platform abandonment for the purpose of developing new oil and gas platform abandonment regulations and their adoption and implementation. with the: Journal Page RES RPT CS(RES) 8DP 1123 FN1: ZERO(H.RES) 1123 2005-04-22 House Journal Page 1233 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. 7(RES) (same title) There being no objection, it was so ordered. The question being: "Shall CSHCR 7(RES) pass the House?" The roll was taken with the following result: CSHCR 7(RES) Second Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Stoltze, Thomas, Wilson Excused: Gatto, Seaton, Weyhrauch And so, CSHCR 7(RES) 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 - Adele Morgan By Representatives Gatto, Neuman, Kohring, Stoltze, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kott, LeDoux, McGuire, Meyer, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Thomas, Weyhrauch, Wilson; Senators Green, Huggins 2005-04-22 House Journal Page 1234 Honoring - Juneau-Douglas High School Girls Basketball Team 2005 State Champions By Senator Elton; Representatives Kerttula, Weyhrauch, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson In Memoriam - Carla Timpone By Senator Elton; Representatives Kerttula, Weyhrauch, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kott, LeDoux, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson RECONSIDERATION HB 130 Representative Stoltze brought up reconsideration of the vote on CSHB 130(FIN) am (page 1197). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 130(FIN) am "An Act relating to the grant of certain state land to the University of Alaska; relating to the duties of the Board of Regents; establishing the university research forest; and providing for an effective date." The question to be reconsidered: "Shall CSHB 130(FIN) am pass the House?" The roll was taken with the following result: CSHB 130(FIN) am--RECONSIDERATION Third Reading Final Passage YEAS: 27 NAYS: 10 EXCUSED: 3 ABSENT: 0 2005-04-22 House Journal Page 1235 Yeas: Anderson, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kelly, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Olson, Ramras, Rokeberg, Samuels, Thomas Nays: Berkowitz, Elkins, Joule, Kapsner, Kerttula, Moses, Neuman, Salmon, Stoltze, Wilson Excused: Gatto, Seaton, Weyhrauch Cissna changed from "Nay" to "Yea". And so, CSHB 130(FIN) am passed the House on reconsideration. 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. Representative Berkowitz objected. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 130(FIN) am--RECONSIDERATION Third Reading Effective Date YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Stoltze, Thomas, Wilson Excused: Gatto, Seaton, Weyhrauch And so, the effective date clause was adopted. Representative Coghill moved and asked unanimous consent that the House adopt the House Finance Committee letter of intent (page 1015). 2005-04-22 House Journal Page 1236 Representative Kerttula objected. **The presence of Representative Weyhrauch, who was excused (page 1229), was noted. The question being: "Shall the House adopt the House Finance Committee letter of intent?" The roll was taken with the following result: CSHB 130(FIN) am--RECONSIDERATION Third Reading Adopt Finance Committee Letter of Intent YEAS: 31 NAYS: 7 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Chenault, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gardner, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Stoltze, Thomas, Weyhrauch, Wilson Nays: Berkowitz, Cissna, Gara, Gruenberg, Guttenberg, Kerttula, Salmon Excused: Gatto, Seaton And so, the House Finance Committee letter of intent was adopted. CSHB 130(FIN) am was referred to the Chief Clerk for engrossment. 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 Dahlstrom - from 6:00 p.m., April 22 to 9:30 a.m., plane time, April 25, 2005 Representative Croft - from 6:00 p.m., April 22 to 9:30 a.m., plane time, April 26, 2005 2005-04-22 House Journal Page 1237 HB 190 The Speaker added a Finance Committee referral for the following: HOUSE BILL NO. 190 "An Act relating to the purchase of alcoholic beverages and to requiring identification to buy alcoholic beverages; requiring driver's licenses and identification cards to be marked if a person is restricted from consuming alcoholic beverages as a result of a conviction or condition of probation or parole." HB 190 is in the Judiciary Committee. HB 33 Representatives Rokeberg and Cissna added their names as cosponsors to: CS FOR HOUSE BILL NO. 33(FIN) "An Act relating to required notification of the Department of Commerce, Community, and Economic Development, economic effect statements, and regulatory flexibility analyses regarding the adoption of regulations that may govern the conduct of small businesses; relating to a private cause of action, regulation invalidation, and judicial review related to required notification, economic effect statements, and regulatory flexibility analyses for the adoption of regulations that may govern the conduct of small businesses; and providing for an effective date." HB 133 Representative Elkins added his name as cosponsor to: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 133(JUD) "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." SB 63 Representative Rokeberg added his name as cross sponsor to: 2005-04-22 House Journal Page 1238 SENATE BILL NO. 63 "An Act relating to road signs encouraging the use of safety belts." SB 90 Representatives Lynn, Stoltze, Rokeberg, Chenault, Thomas, Joule, Samuels, and Neuman added their names as cross sponsors to: CS FOR SENATE BILL NO. 90(STA) "An Act relating to Alaska Territorial Guard Day." The following were added as cross sponsors (page 1230): Representatives Harris, Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, McGuire, Meyer, Moses, Olson, Ramras, Salmon, Seaton, Weyhrauch, and Wilson SB 154 Representative Kelly added his name as cross sponsor to: CS FOR SENATE BILL NO. 154(JUD) "An Act relating to the jurisdiction for proceedings relating to delinquent minors and to telephonic and televised participation in those proceedings; amending Rules 2, 3, 4, 8, 12, 13, 14, 15, 16, 21, 22, 23, 24.1, and 25, Alaska Delinquency Rules; and providing for an effective date." SB 155 Representative McGuire added her name as cross sponsor to: CS FOR SENATE BILL NO. 155(FIN) "An Act making appropriations from the earnings reserve account for construction of an integrated science complex at the University of Alaska in Anchorage, for replacement of the virology laboratory in Fairbanks, for expansion of the Anchorage Museum of History and Art, for the major maintenance grant fund, and for other capital projects related to education; and providing for an effective date." 2005-04-22 House Journal Page 1239 ENGROSSMENT HCR 7 CSHCR 7(RES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 33 CSHB 33(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 121 CSHB 121(2d RLS) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 130 CSHB 130(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted with a House letter of intent to the Senate for consideration. ANNOUNCEMENTS With the appointment of a Conference Committee on the operating budget, Rule 23(d) of the Uniform Rules is in effect as of April 19, 2005. Submit written notice of a meeting by 4:00 p.m. to the Chief Clerk's office for publication in the next day's committee schedule. House committee schedules are published daily under separate cover. The following meetings today have been changed as indicated: Finance Committee CHANGED TO: upon adjournment Judiciary Committee CHANGED TO: upon adjournment Resources Committee CHANGED TO: upon adjournment 2005-04-22 House Journal Page 1240 Labor & Commerce Committee CHANGED TO: 3:45 p.m. ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 11:00 a.m., April 25, 2005. There being no objection, the House adjourned at 2:20 p.m. Suzi Lowell Chief Clerk