Legislature(2005 - 2006)
2005-04-29 House Journal
Full Journal pdf2005-04-29 House Journal Page 1361 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE - FIRST SESSION Juneau, Alaska Friday April 29, 2005 One Hundred Tenth Day Pursuant to adjournment the House was called to order by Speaker Harris at 10:34 a.m. Roll call showed 32 members present. Representative Stoltze had been previously excused from a call of the House today. Representatives Crawford, Croft, Gara, Guttenberg, Kerttula, and Kott were absent and their presence was noted later. Representative Coghill moved and asked unanimous consent that Representative Chenault be excused from a call of the House today. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Representative Coghill. Representative McGuire moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. When we pray standing before the Almighty, how can we do it unless we do it with gratitude? So, heavenly Father, we thank You for the beautiful day. Thank You for the privilege of serving the people of Alaska. We are grateful for the friendships that we make here. We are also grateful for the privilege of being able to put our minds and our hearts and our wills to work for the betterment of Alaska. We are thankful for our health and remember those who have suffered loss even this week and that are struggling in life-and- death circumstances. We are grateful for them because of the strength that You will give them. We pray for them that You 2005-04-29 House Journal Page 1362 would give them Your grace in enduring the trials that they have to go through. But we thank You for them. We thank You for the institution that we have been privileged to be members of. Thank You for this beautiful land that You allow us to be a part of. Thank You for the freedom to express ourselves openly. We are just grateful. When we go to work today we want You, O God, our Father, to fill our hearts with that gratitude as we look into each other's eyes, look at the beauty of the world, and enjoy the work that we have to do. Though tension might rise, our gratitude would help us to do it gracefully. We pray this in the name of my Savior, Jesus. Amen. The Pledge of Allegiance was led by Representative Kelly. CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 109th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 66 A message dated April 28, 2005, was read stating the President has granted limited powers of free conference to the Senate members of the Conference Committee considering: CS FOR HOUSE BILL NO. 66(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." and SENATE CS FOR CS FOR HOUSE BILL NO. 66(FIN) (same title) 2005-04-29 House Journal Page 1363 The Speaker had previously granted the limited powers of free conference as requested (page 1327). HB 67 A message dated April 28, 2005, was read stating the President has granted limited powers of free conference to the Senate members of the Conference Committee considering: CS FOR HOUSE BILL NO. 67(FIN)(brf sup maj fld) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 67(FIN) "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." (technical title change) The Speaker had previously granted the limited powers of free conference as requested (page 1328). HB 219 A message dated April 28, 2005, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 219(FIN) "An Act relating to the definition of 'dangerous instrument' as applied within the criminal code." CSHB 219(FIN) was referred to the Chief Clerk for enrollment. SB 93 A message dated April 28, 2005, was read stating the Senate has concurred in the House amendment to CSSB 93(FIN), thus adopting: 2005-04-29 House Journal Page 1364 HOUSE CS FOR CS FOR SENATE BILL NO. 93(FIN) "An Act relating to commercial fishing permit and vessel license fees; and providing for an effective date." A message dated April 28, 2005, was read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 110 CS FOR SENATE BILL NO. 110(FIN)(efd fld) by the Senate Finance Committee, entitled: "An Act relating to regulation of the discharge of pollutants under the National Pollutant Discharge Elimination System." was read the first time and referred to the Finance Committee. **The presence of Representative Guttenberg was noted. SB 133 SENATE BILL NO. 133 by the Senate Rules Committee by request of the Governor, entitled: "An Act establishing the Aviation Advisory Board; and providing for an effective date." was read the first time and referred to the Finance Committee. **The presence of Representative Kott was noted. SB 174 SENATE BILL NO. 174 by Senators Huggins and Wagoner, entitled: "An Act excluding certain trucks from the definition of 'passenger vehicle' for purposes of the passenger vehicle rental tax; and providing for an effective date." was read the first time and referred to the Finance Committee. 2005-04-29 House Journal Page 1365 **The presence of Representative Crawford was noted. REPORTS OF STANDING COMMITTEES HCR 12 The Community & Regional Affairs Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 12 Relating to the Joint Rural Assessment Task Force. and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 12(CRA) (same title) The report was signed by Representatives Olson and Thomas, Co- chairs, with the following individual recommendations: Do pass (4): Neuman, LeDoux, Salmon, Thomas No recommendation (1): Olson The following fiscal note(s) apply to CSHCR 12(CRA): 1. Fiscal, Legislative Agency HCR 12 was referred to the Rules Committee for placement on the calendar. HB 22 The State Affairs Committee has considered: HOUSE BILL NO. 22 "An Act relating to the terms of legislators, to a 90-day regular session of the legislature, to the date of convening a regular session, and to procedures of legislative committees during the interim; and providing for an effective date." and recommends it be replaced with: 2005-04-29 House Journal Page 1366 CS FOR HOUSE BILL NO. 22(STA) "An Act relating to a 90-day regular session of the legislature." The report was signed by Representative Seaton, Chair, with the following individual recommendations: Do not pass (1): Seaton No recommendation (4): Gardner, Lynn, Gruenberg, Elkins The following fiscal note(s) apply to CSHB 22(STA): 1. Fiscal, Legislative Agency HB 22 was referred to the Finance Committee. HB 53 The Finance 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; 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 2005-04-29 House Journal Page 1367 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(FIN) "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, court records, 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; reestablishing and relating to a state citizens' review panel; amending the obligation of a public agency to disclose agency 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 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; modifying adoption and placement procedures in certain child-in-need-of-aid cases; amending Rules 9 and 13, Alaska Adoption Rules, Rules 3, 17.2, 2005-04-29 House Journal Page 1368 18, and 22, Alaska Child in Need of Aid Rules of Procedure, and Rules 14 and 15, Alaska Rules of Probate Procedure; and providing for an effective date." The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (4): Hawker, Foster, Croft, Chenault No recommendation (6): Joule, Moses, Weyhrauch, Holm, Kelly, Meyer The following fiscal note(s) apply to CSSSHB 53(FIN): 12. Fiscal, Dept. of Administration 13. Fiscal, Dept. of Administration 14. Fiscal, Alaska Court System 15. Fiscal, Dept. of Health & Social Services 16. Fiscal, Dept. of Health & Social Services 17. Fiscal, Dept. of Law SSHB 53 is on today's calendar. **The presence of Representative Kerttula was noted. HB 189 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 189 "An Act relating to an extension for review and approval of revisions to the Alaska coastal management program; providing for an effective date by amending the effective date of sec. 45, ch. 24, SLA 2003; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 189(CRA) "An Act relating to the Alaska coastal management program; providing for an effective date by amending the effective date of sec. 45, ch. 24, SLA 2003; and providing for an effective date." 2005-04-29 House Journal Page 1369 The report was signed by Representatives Olson and Thomas, Co- chairs, with the following individual recommendations: No recommendation (4): Salmon, LeDoux, Olson, Thomas Amend (1): Neuman The following fiscal note(s) apply to CSHB 189(CRA): 1. Zero, Dept. of Commerce, Community, & Economic Development 2. Fiscal, Dept. of Natural Resources HB 189 was referred to the State Affairs Committee. SB 36 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 36(JUD) "An Act relating to absentee ballots." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 36(JUD) (same title) The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (4): Dahlstrom, Gruenberg, Anderson, McGuire No recommendation (1): Kott Amend (1): Gara The following fiscal note(s) apply to HCS CSSB 36(JUD): 1. Zero, Office of the Governor CSSB 36(JUD) was referred to the Rules Committee for placement on the calendar. 2005-04-29 House Journal Page 1370 **The presence of Representatives Gara and Croft was noted. REPORTS OF SPECIAL COMMITTEES The House Special Committee on Fisheries has reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Mr. Peter Froehlich, Esq. as a member of the Alaska Commercial Fisheries Entry Commission (CFEC). Mr. Rupert E. Andrews Mr. John E. Jensen Mr. Melvan E. Morris, Jr. as members of the Board of Fisheries. The reports were signed by Representatives Thomas and LeDoux, Co- chairs; and Representatives Elkins and Wilson. The House Special Committee on Oil & Gas has reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: Ms. Cathy P. Foerster as a member of the Alaska Oil and Gas Conservation Commission. The report was signed by Representative Kohring, Chair; and Representatives Kerttula, Gardner, Samuels, Dahlstrom, McGuire, and Rokeberg. HB 254 The House Special Committee on Oil & Gas has considered: HOUSE BILL NO. 254 "An Act directing the Alaska Natural Gas Development Authority to use money appropriated from the Railbelt energy fund and from 2005-04-29 House Journal Page 1371 other sources for preliminary engineering and related work for the construction of pipeline facilities to transport Alaska North Slope natural gas to the Southcentral Alaska gas distribution grid, and amending the definition of 'project' as applied to the work of the Alaska Natural Gas Development Authority; and providing for an effective date." The report was signed by Representative Kohring, Chair, with the following individual recommendations: Do pass (2): McGuire, Rokeberg No recommendation (5): Kerttula, Gardner, Samuels, Dahlstrom, Kohring The following fiscal note(s) apply: 1. Zero, Dept. of Revenue HB 254 was referred to the Resources Committee. HB 286 The House Special Committee on Oil & Gas has considered: HOUSE BILL NO. 286 "An Act amending the manner of determining the royalty received by the state on gas production by directing the commissioner of natural resources to accept, under certain circumstances, the transfer price of the gas if established by transfer price order of the Regulatory Commission of Alaska; and providing for an effective date." The report was signed by Representative Kohring, Chair, with the following individual recommendations: Do pass (5): Kerttula, Samuels, McGuire, Rokeberg, Kohring 2005-04-29 House Journal Page 1372 The following fiscal note(s) apply: 1. Zero, Dept. of Commerce, Community, & Economic Development HB 286 was referred to the Labor & Commerce Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Kelly Eagleton By Representative Crawford Honoring - Jennifer Kueter By Representative Crawford Honoring - Tom Yerbich By Representative Anderson Honoring - Harold and Betty Ward, 54th Wedding Anniversary By Representatives Kohring, Gatto, Neuman, Stoltze; Senators Green, Huggins Honoring - 2005 Southeast Alaska Science Fair Participants and Winners By Representatives Weyhrauch, Kerttula; Senator Elton Honoring - Kayhi Kings Boys Varsity Basketball Team, Class 4A Southeast Champions By Representative Elkins Honoring - Gwen Sykes, Outstanding Achievement By Senator Davis Honoring - Wasilla Police Chief Don Savage, Greater Wasilla Chamber of Commerce Citizen of the Year By Senator Green 2005-04-29 House Journal Page 1373 Honoring - Filipino Community of Anchorage, Alaska, Inc., 40th Anniversary By Senator Davis Honoring - Kodiak Senior League All-Stars, 2004 State Champs By Senator Gary Stevens; Representative LeDoux In Memoriam - Holly Hollis By Representatives Kohring, Gatto, Neuman, Stoltze; Senators Green, Huggins In Memoriam - Tom D. Katzeek By Representative Thomas; Senator Kookesh In Memoriam - Loren Marshall By Representative Gara; Senator Ellis In Memoriam - Violeta Doctolero By Senator Gary Stevens; Representative LeDoux INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 293 HOUSE BILL NO. 293 by the House Community and Regional Affairs Committee, entitled: "An Act relating to a borough sales tax exemption for a source that is taxed by a city in that borough." was read the first time and referred to the Community & Regional Affairs and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 53 The following was read the second time: 2005-04-29 House Journal Page 1374 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; 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." with the: Journal Page HES RPT CS(HES) NT 5DP 829 FN1: (ADM) 831 FN2: (HSS) 831 FN3: (HSS) 831 FN4: (HSS) 831 2005-04-29 House Journal Page 1375 FN5: (LAW) 831 JUD RPT CS(JUD) NT 5DP 2NR 1069 FN6: (ADM) 1071 FN7: (HSS) 1071 FN8: (HSS) 1071 FN9: (HSS) 1071 FN10: (HSS) 1071 FN11: (HSS) 1071 FIN RPT CS(FIN) NT 4DP 6NR 1366 FN12: (ADM) 1368 FN13: (ADM) 1368 FN14: (CRT) 1368 FN15: (HSS) 1368 FN16: (HSS) 1368 FN17: (LAW) 1368 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. 53(FIN) "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, court records, 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; reestablishing and relating to a state citizens' review panel; amending the obligation of a public agency to disclose agency 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 adoptions and foster care; relating to consent for the 2005-04-29 House Journal Page 1376 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; modifying adoption and placement procedures in certain child-in-need-of-aid cases; amending Rules 9 and 13, Alaska Adoption Rules, Rules 3, 17.2, 18, and 22, Alaska Child in Need of Aid Rules of Procedure, and Rules 14 and 15, Alaska Rules of Probate Procedure; and providing for an effective date." There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSSSHB 53(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSSSHB 53(FIN) was read the third time. The question being: "Shall CSSSHB 53(FIN) pass the House?" The roll was taken with the following result: CSSSHB 53(FIN) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 2 ABSENT: 2 Yeas: Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Thomas, Weyhrauch, Wilson Excused: Chenault, Stoltze Absent: Hawker, Holm And so, CSSSHB 53(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. 2005-04-29 House Journal Page 1377 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. There being no objection, it was so ordered. CSSSHB 53(FIN) was referred to the Chief Clerk for engrossment. HB 218 The following was read the second time: HOUSE BILL NO. 218 "An Act relating to cost recovery fisheries for private nonprofit hatchery facilities." with the: Journal Page FSH RPT CS(FSH) 3DP 3NR 1105 FN1: ZERO(CED) 1105 FN2: ZERO(DFG) 1105 FN3: ZERO(DPS) 1105 RES RPT CS(RES) 2DP 3NR 1256 FN1: ZERO(CED) 1256 FN2: ZERO(DFG) 1256 FN3: ZERO(DPS) 1256 FN4: INDETERMINATE(REV) 1256 FIN RPT CS(FIN) 3DP 4NR 1319 FN1: ZERO(CED) 1319 FN2: ZERO(DFG) 1319 FN3: ZERO(DPS) 1319 FN4: INDETERMINATE(REV) 1319 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. 218(FIN) (same title) There being no objection, it was so ordered. 2005-04-29 House Journal Page 1378 Representative Coghill moved and asked unanimous consent that CSHB 218(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 218(FIN) was read the third time. The question being: "Shall CSHB 218(FIN) pass the House?" The roll was taken with the following result: CSHB 218(FIN) Third Reading Final Passage YEAS: 31 NAYS: 0 EXCUSED: 2 ABSENT: 7 Yeas: Anderson, Coghill, Crawford, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Holm, Joule, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Thomas, Wilson Excused: Chenault, Stoltze Absent: Berkowitz, Cissna, Croft, Hawker, Kapsner, Meyer, Weyhrauch And so, CSHB 218(FIN) passed the House and was referred to the Chief Clerk for engrossment. HB 251 The following was read the second time: HOUSE BILL NO. 251 "An Act authorizing the Board of Fisheries to adopt regulations regarding fishing by a person who holds two entry permits for a salmon fishery." with the: Journal Page FSH RPT 3DP 1NR 964 FN1: ZERO(DFG) 964 RES RPT CS(RES) 4DP 2NR 1256 FN1: ZERO(DFG) 1257 2005-04-29 House Journal Page 1379 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. 251(RES) (same title) There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 251(RES) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 251(RES) was read the third time. The question being: "Shall CSHB 251(RES) pass the House?" The roll was taken with the following result: CSHB 251(RES) Third Reading Final Passage YEAS: 32 NAYS: 1 EXCUSED: 2 ABSENT: 5 Yeas: Anderson, Berkowitz, Coghill, Crawford, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Holm, Joule, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Thomas, Weyhrauch, Wilson Nays: Moses Excused: Chenault, Stoltze Absent: Cissna, Croft, Hawker, Kapsner, Kelly And so, CSHB 251(RES) passed the House and was referred to the Chief Clerk for engrossment. HB 268 The following was read the second time: 2005-04-29 House Journal Page 1380 HOUSE BILL NO. 268 "An Act relating to overtaking and passing certain stationary vehicles." with the: Journal Page TRA RPT 1DP 3NR 1186 FN1: ZERO(DPS) 1186 JUD RPT CS(JUD) 3DP 4NR 1320 FN1: ZERO(DPS) 1321 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. 268(JUD) (same title) There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 268(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 268(JUD) was read the third time. The question being: "Shall CSHB 268(JUD) pass the House?" The roll was taken with the following result: CSHB 268(JUD) Third Reading Final Passage YEAS: 32 NAYS: 0 EXCUSED: 2 ABSENT: 6 Yeas: Anderson, Berkowitz, Coghill, Crawford, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Holm, Joule, Kapsner, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Thomas, Weyhrauch, Wilson 2005-04-29 House Journal Page 1381 Excused: Chenault, Stoltze Absent: Cissna, Croft, Hawker, Kelly, Samuels, Seaton And so, CSHB 268(JUD) passed the House and was referred to the Chief Clerk for engrossment. HB 275 The following was read the second time: HOUSE BILL NO. 275 "An Act authorizing financing for certain public transportation projects; giving notice of and approving the entry into, and the issuance of revenue obligations that provide participation in, lease-financing agreements for those transportation projects; and providing for an effective date." with the: Journal Page FIN RPT CS(FIN) 3DP 4NR 1322 FN1: (REV) 1322 The Speaker stated that, without objection, HB 275 would be returned to the Rules Committee. THIRD READING OF HOUSE BILLS HB 167 The following, which was advanced to third reading from the April 28, 2005, calendar (page 1339), was read the third time: CS FOR HOUSE BILL NO. 167(STA) "An Act relating to providing a death certificate for a deceased veteran without cost; and relating to a program to honor the memory of a deceased veteran." Representative Kott moved and asked unanimous consent that CSHB 167(STA) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. 2005-04-29 House Journal Page 1382 Representative Coghill moved and asked unanimous consent that Representative Cissna be excused from a call of the House from today to 10:00 p.m., plane time, May 1, 2005. There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Kott, Lynn, Gruenberg, and Guttenberg: Page 2, lines 24 - 25: Delete "the surviving spouse, next of kin, or other relative of the deceased veteran" Insert "an eligible individual" Page 2, line 25, following "paragraph,": Insert ""eligible individual" has the meaning given in AS 26.10.085, and" Page 3, line 10: Following "the": Insert "veteran's" Following "spouse," Delete "or" Page 3, line 11, following "veteran": Insert ", the deceased veteran's heir or devisee, and the administrator, executor, personal representative, foreign personal representative, beneficiary, conservator, fiduciary, special administrator, successor personal administrator, or trustee of the deceased veteran's estate" Representative Kott moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. The question being: "Shall CSHB 167(STA) am pass the House?" The roll was taken with the following result: CSHB 167(STA) am Third Reading Final Passage YEAS: 27 NAYS: 0 EXCUSED: 3 ABSENT: 10 2005-04-29 House Journal Page 1383 Yeas: Anderson, Berkowitz, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Holm, Joule, Kapsner, Kelly, Kerttula, Kott, Lynn, Meyer, Neuman, Olson, Thomas, Weyhrauch, Wilson Excused: Chenault, Cissna, Stoltze Absent: Hawker, Kohring, LeDoux, McGuire, Moses, Ramras, Rokeberg, Salmon, Samuels, Seaton And so, CSHB 167(STA) am passed the House and was referred to the Chief Clerk for engrossment. HB 213 The following, which was advanced to third reading from the April 28, 2005, calendar (page 1340), was read the third time: HOUSE BILL NO. 213 "An Act relating to alcohol server education." The question being: "Shall HB 213 pass the House?" The roll was taken with the following result: HB 213 Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 3 ABSENT: 3 Yeas: Anderson, Berkowitz, Coghill, Crawford, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Seaton, Thomas, Weyhrauch, Wilson Excused: Chenault, Cissna, Stoltze Absent: Croft, Hawker, Samuels And so, HB 213 passed the House and was referred to the Chief Clerk for engrossment. 2005-04-29 House Journal Page 1384 RECONSIDERATION HB 187 Representative Berkowitz brought up reconsideration of the vote on CSHB 187(FIN) (page 1352). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 187(FIN) "An Act relating to money deposited into the Alaska permanent fund as a result of the settlement of State v. Amerada Hess; relating to the Alaska capital income fund and to deposits of income from State v. Amerada Hess settlement money into the Alaska capital income fund; and providing for an effective date." Representative Meyer placed a call of the House. The call was satisfied. The question to be reconsidered: "Shall CSHB 187(FIN) pass the House?" The roll was taken with the following result: CSHB 187(FIN)--RECONSIDERATION Third Reading Final Passage YEAS: 22 NAYS: 15 EXCUSED: 3 ABSENT: 0 Yeas: Anderson, Coghill, Elkins, Foster, Gatto, Harris, Hawker, Holm, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Olson, Ramras, Rokeberg, Samuels, Seaton, Thomas, Weyhrauch, Wilson Nays: Berkowitz, Crawford, Croft, Dahlstrom, Gara, Gardner, Gruenberg, Guttenberg, Joule, Kapsner, Kelly, Kerttula, Kohring, Neuman, Salmon Excused: Chenault, Cissna, Stoltze And so, CSHB 187(FIN) passed the House on reconsideration. Representative Coghill moved the effective date clause. 2005-04-29 House Journal Page 1385 The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 187(FIN)--RECONSIDERATION Third Reading Effective Date YEAS: 24 NAYS: 13 EXCUSED: 3 ABSENT: 0 Yeas: Anderson, Coghill, Elkins, Foster, Gatto, Harris, Hawker, Holm, Joule, Kapsner, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Olson, Ramras, Rokeberg, Samuels, Seaton, Thomas, Weyhrauch, Wilson Nays: Berkowitz, Crawford, Croft, Dahlstrom, Gara, Gardner, Gruenberg, Guttenberg, Kelly, Kerttula, Kohring, Neuman, Salmon Excused: Chenault, Cissna, Stoltze And so, lacking the necessary 27 votes, the effective date clause was not adopted, and the new title follows: CS FOR HOUSE BILL NO. 187(FIN)(efd fld) "An Act relating to money deposited into the Alaska permanent fund as a result of the settlement of State v. Amerada Hess; relating to the Alaska capital income fund and to deposits of income from State v. Amerada Hess settlement money into the Alaska capital income fund." CSHB 187(FIN)(efd fld) was referred to the Chief Clerk for engrossment. CONSIDERATION OF THE DAILY CALENDAR (continued) SECOND READING OF HOUSE RESOLUTIONS HCR 10 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 10 Supporting the development of the Kensington Gold Mine. 2005-04-29 House Journal Page 1386 with the: Journal Page RES RPT CS(RES) 4DP 4NR 1318 FN1: ZERO(LEG) 1319 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. 10(RES) (same title) There being no objection, it was so ordered. Representative Thomas moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objection was heard, and Representative Thomas was required to vote. The question being: "Shall CSHCR 10(RES) pass the House?" The roll was taken with the following result: CSHCR 10(RES) Second Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 3 ABSENT: 1 Yeas: Anderson, Berkowitz, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Thomas, Weyhrauch, Wilson Excused: Chenault, Cissna, Stoltze Absent: Moses And so, CSHCR 10(RES) passed the House and was referred to the Chief Clerk for engrossment. 2005-04-29 House Journal Page 1387 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 - Don and Bonnie Dinkel, 50th Wedding Anniversary By Representatives Kohring, Gatto, Neuman, Stoltze, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kott, LeDoux, Lynn, McGuire, Meyer, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Thomas, Weyhrauch, Wilson; Senators Green, Huggins Honoring - The Legal Staff of the Immigration and Refugee Services Program By Representatives Berkowitz, Harris, Anderson, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kott, LeDoux, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Thomas, Weyhrauch, Wilson; Senator Guess Honoring - Mat-Su Valley Colonists By Representatives Kohring, Kerttula, Gatto, Neuman, Stoltze, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kott, LeDoux, Lynn, McGuire, Meyer, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Thomas, Weyhrauch, Wilson; Senators Green, Huggins Honoring - Mountain View Community Council By Representatives Gruenberg, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gatto, Guttenberg, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Thomas, Weyhrauch, Wilson; Senator Guess 2005-04-29 House Journal Page 1388 In Memoriam - Davin Brawley By Representatives Kohring, Gatto, Neuman, Stoltze, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kerttula, Kott, LeDoux, Lynn, McGuire, Meyer, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Thomas, Weyhrauch, Wilson; Senators Green, Huggins In Memoriam - Truby Shaw By Representatives Kohring, Gatto, Neuman, Stoltze, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kerttula, Kott, LeDoux, Lynn, McGuire, Meyer, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Thomas, Weyhrauch, Wilson; Senators Green, Huggins In Memoriam - Clifford "Junior" Buswell, Jr. By Representatives Kohring, Gatto, Neuman, Stoltze, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kerttula, Kott, LeDoux, Lynn, McGuire, Meyer, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Thomas, Weyhrauch, Wilson; Senators Green, Huggins 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 Gardner - from 11:00 a.m. to 6:30 p.m., April 30, 2005 Representative Salmon - from 11:00 a.m. to 6:30 p.m., April 30, 2005 Representative Holm - from 7:00 p.m., April 29 to 9:30 a.m., plane time, May 2, 2005 2005-04-29 House Journal Page 1389 HCR 12 The Speaker added a Finance Committee referral for the following: HOUSE CONCURRENT RESOLUTION NO. 12 Relating to the Joint Rural Assessment Task Force. HCR 12 was removed from the Rules Committee and referred to the Finance Committee. HB 189 The Speaker added a Finance Committee referral for the following: HOUSE BILL NO. 189 "An Act relating to an extension for review and approval of revisions to the Alaska coastal management program; providing for an effective date by amending the effective date of sec. 45, ch. 24, SLA 2003; and providing for an effective date." HB 189 is in the State Affairs Committee with further referrals to the Resources and Finance Committees. HCR 6 Representative Foster added his name as cosponsor to: 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. HB 53 Representatives Holm, Neuman, and LeDoux added their names as cosponsors to: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 53(FIN) "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, court records, and public agency 2005-04-29 House Journal Page 1390 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; reestablishing and relating to a state citizens' review panel; amending the obligation of a public agency to disclose agency 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 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; modifying adoption and placement procedures in certain child-in-need-of-aid cases; amending Rules 9 and 13, Alaska Adoption Rules, Rules 3, 17.2, 18, and 22, Alaska Child in Need of Aid Rules of Procedure, and Rules 14 and 15, Alaska Rules of Probate Procedure; and providing for an effective date." HB 251 Representative LeDoux added her name as cosponsor to: CS FOR HOUSE BILL NO. 251(RES) "An Act authorizing the Board of Fisheries to adopt regulations regarding fishing by a person who holds two entry permits for a salmon fishery." HB 254 Representative McGuire added her name as cosponsor to: HOUSE BILL NO. 254 "An Act directing the Alaska Natural Gas Development Authority to use money appropriated from the Railbelt energy fund and from other sources for preliminary engineering and related work for the construction of pipeline facilities to transport Alaska North Slope 2005-04-29 House Journal Page 1391 natural gas to the Southcentral Alaska gas distribution grid, and amending the definition of 'project' as applied to the work of the Alaska Natural Gas Development Authority; and providing for an effective date." HB 268 Representative Gruenberg added his name as cosponsor to: CS FOR HOUSE BILL NO. 268(JUD) "An Act relating to overtaking and passing certain stationary vehicles." HB 286 Representatives Dahlstrom and McGuire added their names as cosponsors to: HOUSE BILL NO. 286 "An Act amending the manner of determining the royalty received by the state on gas production by directing the commissioner of natural resources to accept, under certain circumstances, the transfer price of the gas if established by transfer price order of the Regulatory Commission of Alaska; and providing for an effective date." ENGROSSMENT HCR 10 CSHCR 10(RES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 53 CSSSHB 53(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 167 CSHB 167(STA) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 187 CSHB 187(FIN)(efd fld) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2005-04-29 House Journal Page 1392 HB 213 HB 213 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 218 CSHB 218(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 251 CSHB 251(RES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 268 CSHB 268(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted 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 meeting today has been changed as indicated: Resources Committee CHANGED TO: 1:30 p.m. ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 30, 2005. There being no objection, the House adjourned at 1:03 p.m. Suzi Lowell Chief Clerk