Legislature(2001 - 2002)
2002-04-19 House Journal
Full Journal pdf2002-04-19 House Journal Page 3023 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday April 19, 2002 Ninety-sixth Day Pursuant to adjournment the House was called to order by Speaker Porter at 10:04 a.m. Roll call showed 36 members present. Representatives Mulder and Ogan had been previously excused from a call of the House today. Representatives Croft and Joule were absent and their presence was noted later. The invocation was offered by the Reverend Ken Gable of King's Chapel, Wasilla. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. "For the Lord is a great God, the great King above all gods. In His hand are the depths of the earth and the mountain peaks belong to Him. The sea is His for He made it, and His hands formed the dry land." from Psalm 95 Father, we come to You this morning acknowledging that You have made this great land of Alaska and we have the great opportunity to live in it because You have allowed us to be here, God. We could have been many other places. So, we thank You for the blessing of Alaska. I ask You that today as these men and women are used by You in stewardship over the land and the peoples of this state, that You would give them divine wisdom and strength. And, Father, You would lead them as they make decisions that affect the resources and the people of this land. Thank You for the people, the greatest resource that we have, and the vastness of the nature and the diversity of the people and cultures that are here. 2002-04-19 House Journal Page 3024 You've been good to us, Lord, and I thank You, God, that You're going to move upon all that is done today and that we are going to see Your hand move in this state. And so, Lord, I bless these people. I thank You for them. Strengthen them right now. In Jesus' Name. Amen. The Pledge of Allegiance was led by Representative Hayes. CERTIFICATION OF THE JOURNAL Representative James moved and asked unanimous consent that the journal for the 95th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE SB 291 A message dated April 18, 2002, was read stating the President has granted limited powers of free conference to the Senate members of the Conference Committee considering: HOUSE CS FOR CS FOR SENATE BILL NO. 291(FIN) am H "An Act making supplemental and other appropriations; amending appropriations; and providing for an effective date." and CS FOR SENATE BILL NO. 291(RLS) (same title) on the following specific point(s): Section 9 The Speaker had previously granted the limited powers of free conference as requested (page 3003). A message dated April 18, 2002, was read stating the Senate has adopted the Conference Committee with limited powers of free conference report on HCS CSSB 291(FIN) am H and CSSB 291(RLS), thus adopting: 2002-04-19 House Journal Page 3025 CONFERENCE CS FOR SENATE BILL NO. 291 "An Act making supplemental and other appropriations; amending appropriations; and providing for an effective date." The House has adopted CCS SB 291 (page 3005). A message dated April 18, 2002, was read stating the Senate has passed the following and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 100 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 100(RLS)(title am) by the Senate Rules Committee, entitled: "An Act relating to regulation and operation of personal motor vehicles." was read the first time and referred to the Judiciary Committee. COMMUNICATIONS A memorandum dated April 17, 2002, was received from Suzi Lowell, Chief Clerk, stating that during her absence from April 22 - May 5, 2002, she designates Londi Ensor as Acting Chief Clerk with signing authority for all documentation, and designates Solyra Sepulveda, Assistant Chief Clerk, to certify the House Journal. A copy of the memorandum is on file in the Chief Clerk's office. The following were received: Dept. of Fish & Game Division of Commercial Fisheries Alaska Salmon Enhancement Program 2001 Annual Report March 2002 (as required by AS 16.05.092) 2002-04-19 House Journal Page 3026 Dept. of Health & Social Services Division of Juvenile Justice Analysis of Minority Youth Representation March 2002 REPORTS OF STANDING COMMITTEES HB 364 The State Affairs Committee has considered: HOUSE BILL NO. 364 "An Act relating to capital projects for deferred maintenance, replacement, modification, and expansion of state facilities; relating to leases to secure financing for those projects; relating to the issuance of certificates of participation to finance those projects for certain capital facilities owned by the state; giving notice of and approving the entry into, and the issuance of certificates of participation in, lease-financing agreements for those projects; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 364(STA) (same title) The report was signed by Representative Coghill, Chair, with the following individual recommendations: Do pass (4): Wilson, Crawford, Stevens, James No recommendation (2): Fate, Coghill The following fiscal note(s) apply to CSHB 364(STA): 1. Fiscal, Dept. of Revenue HB 364 was referred to the Finance Committee. 2002-04-19 House Journal Page 3027 SB 176 The Rules Committee has considered: HOUSE CS FOR CS FOR SENATE BILL NO. 176(JUD) am H(efd add H) "An Act prohibiting certain coercive activity by distributors; relating to certain required distributor payments and purchases; prohibiting distributors from requiring certain contract terms as a condition for certain acts related to distributorship and ancillary agreements; allowing dealers to bring certain court actions against distributors for certain relief; and exempting from the provisions of the Act franchises regulated by the federal Petroleum Marketing Practices Act, situations regulated by the Alaska Gasoline Products Leasing Act, distributorship agreements relating to motor vehicles required to be registered under AS 28.10, and certain manufacturers; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 176(RLS) "An Act prohibiting certain coercive activity by distributors; relating to certain required distributor payments and purchases; prohibiting distributors from requiring certain contract terms as a condition for certain acts related to distributorship and ancillary agreements; allowing dealers to bring certain court actions against distributors for certain relief; and making exemptions that relate to the federal Petroleum Marketing Practices Act, situations regulated by the Alaska Gasoline Products Leasing Act, distributorship agreements relating to motor vehicles required to be registered under AS 28.10, activities and agreements by persons licensed under AS 04, contracts between persons licensed under AS 04 and out-of-state persons in the alcoholic beverage industry, distributorship agreements involving cigarettes, food, drink, or components of food or drink, manufacturers with 50 or fewer employees, suppliers, manufacturers, importers, and wholesalers of alcoholic beverages." (HCR 19 - title change resolution) 2002-04-19 House Journal Page 3028 The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (2): McGuire, Porter No recommendation (3): Kohring, Kott, Berkowitz The following fiscal note(s) apply to HCS CSSB 176(RLS): 2. Zero, Dept. of Community & Economic Development HCS CSSB 176(JUD) am H(efd add H) is on today's calendar. REPORTS OF SPECIAL COMMITTEES HB 324 The House Special Committee on Military & Veterans' Affairs has considered: HOUSE BILL NO. 324 "An Act making supplemental and other appropriations for homeland security; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 324(MLV) (same title) The report was signed by Representative Chenault, Chair, with the following individual recommendations: Do pass (2): Green, Chenault No recommendation (2): Murkowski, Kott A House Special Committee on Military & Veterans' Affairs letter of intent for CSHB 324(MLV), signed by Representative Chenault, Chair, follows: 2002-04-19 House Journal Page 3029 "The intent of Committee Substitute for House Bill 324 'An Act making supplemental and other appropriations for homeland security; and providing for an effective date.' is as follows: It should be clear that appropriations as outlined in the above referenced bill be spent only in the manner as the Terrorism Disaster Policy Cabinet recommended in their report dated 1-14-02 delivered with the bill at the time of filing. Should it become necessary for a court of law to determine allocations this is the standard to which each department should be held." HB 324 was referred to the State Affairs Committee. HB 325 The House Special Committee on Military & Veterans' Affairs has considered: HOUSE BILL NO. 325 "An Act relating to civil defense and disasters; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 325(MLV) "An Act relating to the emergency and disaster powers of the governor and to disasters, including enemy or terrorist attack, an outbreak of disease, or the threat of them; and providing for an effective date." The report was signed by Representative Chenault, Chair, with the following individual recommendations: Do pass (4): Kott, Green, Murkowski, Chenault The following fiscal note(s) apply to CSHB 325(MLV): 1. Zero, Dept. of Health & Social Services 2. Zero, Dept. of Military & Veterans' Affairs 2002-04-19 House Journal Page 3030 HB 325 was referred to the State Affairs Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Harold S. Newcomb, 50 Years of Service to Wasilla By Representative Kohring Honoring - Jenny Dawson By Representative Green Honoring - Alaska Air National Guard Golden Anniversary By Representatives Chenault, Masek, Murkowski, Kott, Green, Cissna, Hayes In Memoriam - The Reverend James F. Kelley By Senators Halford, Hoffman; Representative Kapsner INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 523 HOUSE BILL NO. 523 by the House Community & Regional Affairs Committee, entitled: "An Act naming the state airport at Dutch Harbor the Charles Thomas Madsen, Sr., Airport." was read the first time and referred to the Transportation Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 300 The following, which had been held from the April 18, 2002, calendar (page 3018), was read the second time: 2002-04-19 House Journal Page 3031 HOUSE BILL NO. 300 "An Act relating to the procurement of certain travel services." with the: Journal Page STA RPT 5DP 2360 FN1: INDETERMINATE(ADM/ALL DEPTS) 2360 FIN RPT 6DP 1DNP 2NR 2903 FN1: INDETERMINATE(ADM/ALL DEPTS) 2903 **The presence of Representative Croft was noted. Representative James moved and asked unanimous consent that HB 300 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 300 was read the third time. **The presence of Representative Joule was noted. The question being: "Shall HB 300 pass the House?" The roll was taken with the following result: HB 300 Third Reading Final Passage YEAS: 36 NAYS: 1 EXCUSED: 2 ABSENT: 1 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Bunde Excused: Mulder, Ogan Absent: Moses And so, HB 300 passed the House and was referred to the Chief Clerk for engrossment. 2002-04-19 House Journal Page 3032 HB 393 The following was read the second time: HOUSE BILL NO. 393 "An Act relating to unfair and deceptive trade practices and to the sale of business opportunities; amending Rules 4 and 73, Alaska Rules of Civil Procedure; and providing for an effective date." with the: Journal Page L&C RPT 2DP 5NR 2435 FN1: INDETERMINATE(LAW) 2435 JUD RPT CS(JUD) 1DP 3NR 2831 FN1: INDETERMINATE(LAW) 2831 FIN RPT CS(JUD) 10DP 2969 FN1: INDETERMINATE(LAW) 2969 Representative James moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 393(JUD) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Davies and Bunde: Page 13, line 5, following "$250": Insert ", except that this exemption does not apply if the aggregate amount of the sales or offers to sell the business opportunity that are made in a one-year period by the seller or offeror of the business opportunity, or by the agent of the seller or offeror, exceeds $10,000" Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard. 2002-04-19 House Journal Page 3033 Amendment to Amendment No. 1 was offered by Representative Stevens: Following "opportunity that" Delete "are" Insert "were" Following "made in" Delete "a" Insert "the previous" Following "agent of the seller or offeror," Delete "exceeds" Insert "exceeded" Representative Stevens moved and asked unanimous consent that Amendment to Amendment No. 1 be adopted. There being no objection, it was so ordered. There being no further objection, Amendment No. 1 as amended was adopted. Representative James moved and asked unanimous consent that CSHB 393(JUD) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 393(JUD) am was read the third time. The question being: "Shall CSHB 393(JUD) am pass the House?" The roll was taken with the following result: CSHB 393(JUD) am Third Reading Final Passage YEAS: 37 NAYS: 1 EXCUSED: 2 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson 2002-04-19 House Journal Page 3034 Nays: Kohring Excused: Mulder, Ogan And so, CSHB 393(JUD) am passed the House. Representative James 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. Representative James 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 393(JUD) am was referred to the Chief Clerk for engrossment. SENATE BILLS IN SECOND READING SB 176 The following, which was held in second reading (page 1652) and returned to the Rules Committee (page 1713), was again before the House in second reading: HOUSE CS FOR CS FOR SENATE BILL NO. 176(JUD) am H(efd add H) "An Act prohibiting certain coercive activity by distributors; relating to certain required distributor payments and purchases; prohibiting distributors from requiring certain contract terms as a condition for certain acts related to distributorship and ancillary agreements; allowing dealers to bring certain court actions against distributors for certain relief; and exempting from the provisions of the Act franchises regulated by the federal Petroleum Marketing Practices Act, situations regulated by the Alaska Gasoline Products Leasing Act, distributorship agreements relating to motor vehicles required to be registered under AS 28.10, and certain manufacturers; and providing for an effective date." 2002-04-19 House Journal Page 3035 with the: Journal Page RLS RPT HCS(RLS) NT 2DP 3NR 3027 FN2: ZERO(CED) 3028 Representative James moved and asked unanimous consent that the House rescind previous action in adopting Amendment No. 1, Amendment No. 2, and HCS CSSB 176(JUD) am H(efd add H). There being no objection, it was so ordered and the following was again before the House in second reading: CS FOR SENATE BILL NO. 176(L&C) am "An Act prohibiting certain coercive activity by distributors; relating to certain required distributor payments and purchases; prohibiting distributors from requiring certain contract terms as a condition for certain acts related to distributorship and ancillary agreements; allowing dealers to bring certain court actions against distributors for certain relief; and exempting from the provisions of the Act franchises regulated by the federal Petroleum Marketing Practices Act, situations regulated by the Alaska gasoline products leasing act, and distributorship agreements relating to motor vehicles required to be registered under AS 28.10." Representative James moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 176(RLS) "An Act prohibiting certain coercive activity by distributors; relating to certain required distributor payments and purchases; prohibiting distributors from requiring certain contract terms as a condition for certain acts related to distributorship and ancillary agreements; allowing dealers to bring certain court actions against distributors for certain relief; and making exemptions that relate to the federal Petroleum Marketing Practices Act, situations regulated by the Alaska Gasoline Products Leasing Act, distributorship agreements relating to motor vehicles required to be registered under AS 28.10, activities and agreements by 2002-04-19 House Journal Page 3036 persons licensed under AS 04, contracts between persons licensed under AS 04 and out-of-state persons in the alcoholic beverage industry, distributorship agreements involving cigarettes, food, drink, or components of food or drink, manufacturers with 50 or fewer employees, suppliers, manufacturers, importers, and wholesalers of alcoholic beverages." (HCR 19 - title change resolution) There being no objection, it was so ordered. Representative James moved and asked unanimous consent that HCS CSSB 176(RLS) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HCS CSSB 176(RLS) was read the third time. Representative Rokeberg moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Rokeberg was required to vote. The question being: "Shall HCS CSSB 176(RLS) pass the House?" The roll was taken with the following result: HCS CSSB 176(RLS) Third Reading Final Passage YEAS: 37 NAYS: 1 EXCUSED: 2 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Kohring Excused: Mulder, Ogan 2002-04-19 House Journal Page 3037 And so, HCS CSSB 176(RLS) passed the House and was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS HB 319 The following, which was advanced to third reading from the April 18, 2002, calendar (page 3010), was read the third time: CS FOR HOUSE BILL NO. 319(JUD) "An Act relating to civil liability for commercial recreational activities and for guest passengers on an aircraft or watercraft; and providing for an effective date." Representatives Dyson, Bunde, Harris, and Fate moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest. Objection was heard, and the members were required to vote. The question being: "Shall CSHB 319(JUD) pass the House?" The roll was taken with the following result: CSHB 319(JUD) Third Reading Final Passage YEAS: 26 NAYS: 12 EXCUSED: 2 ABSENT: 0 Yeas: Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Hayes, Joule, Kapsner, Kerttula, Kookesh, Murkowski Excused: Mulder, Ogan And so, CSHB 319(JUD) passed the House. 2002-04-19 House Journal Page 3038 Representative James moved that the effective date clause be adopted. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 319(JUD) Third Reading Effective Date YEAS: 30 NAYS: 8 EXCUSED: 2 ABSENT: 0 Yeas: Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Berkowitz, Cissna, Crawford, Croft, Davies, Kerttula, Kookesh, Moses Excused: Mulder, Ogan And so, the effective date clause was adopted. Representative Berkowitz gave notice of reconsideration of the vote on CSHB 319(JUD). HB 408 The following, which was advanced to third reading from the April 18, 2002, calendar (page 3010), was read the third time: CS FOR HOUSE BILL NO. 408(HES) "An Act relating to questionnaires and surveys administered in the public schools." Representative Bunde placed a call of the House. Representative Guess declared a conflict of interest. The call was satisfied. The question being: "Shall CSHB 408(HES) pass the House?" The roll was taken with the following result: 2002-04-19 House Journal Page 3039 CSHB 408(HES) Third Reading Final Passage YEAS: 30 NAYS: 8 EXCUSED: 2 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Crawford, Davies, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Williams, Wilson Nays: Coghill, Croft, Dyson, Fate, James, Kohring, Masek, Whitaker Excused: Mulder, Ogan And so, CSHB 408(HES) passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS HJR 47 The following was read the second time: HOUSE JOINT RESOLUTION NO. 47 Urging the United States Environmental Protection Agency and the Alaska Department of Environmental Conservation to provide maximum possible flexibility in application of low sulfur diesel fuel requirements to Alaska. with the: Journal Page RES RPT CS(RES) NT 5DP 2794 FN1: ZERO(H.RES) 2794 RLS RPT CS(RLS) NT 5DP 2998 FN2: ZERO(H.RLS/ALL DEPTS) 2998 Representative James moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: 2002-04-19 House Journal Page 3040 CS FOR HOUSE JOINT RESOLUTION NO. 47(RLS) Urging the United States Environmental Protection Agency and the Alaska Department of Environmental Conservation to provide maximum possible flexibility in application of ultra low sulfur diesel fuel requirements to Alaska. There being no objection, it was so ordered. Representative James moved and asked unanimous consent that CSHJR 47(RLS) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHJR 47(RLS) was read the third time. The question being: "Shall CSHJR 47(RLS) pass the House?" The roll was taken with the following result: CSHJR 47(RLS) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Mulder, Ogan Absent: Halcro And so, CSHJR 47(RLS) passed the House and was referred to the Chief Clerk for engrossment. HOUSE RESOLUTIONS IN SECOND READING HCR 19 The following, which was held in second reading (page 1652) and returned to the Rules Committee (page 1724), was again before the House: 2002-04-19 House Journal Page 3041 HOUSE CONCURRENT RESOLUTION NO. 19 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 176; prohibiting certain coercive activity by distributors, relating to certain required distributor payments and purchases; prohibiting distributors from requiring certain contract terms as a condition for certain acts related to distributorship and ancillary agreements; allowing dealers to bring certain court actions against distributors for certain relief; and exempting from the provisions of the Act franchises regulated by the federal Petroleum Marketing Practices Act, situations regulated by the Alaska Gasoline Products Leasing Act, and distributorship agreements relating to motor vehicles required to be registered under AS 28.10. The question being: "Shall HCR 19 pass the House?" The roll was taken with the following result: HCR 19 Second Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 2 ABSENT: 4 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Croft, Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Mulder, Ogan Absent: Crawford, Fate, Green, Joule And so, HCR 19 passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE RESOLUTIONS SCR 28 The following was read the second time: 2002-04-19 House Journal Page 3042 CS FOR SENATE CONCURRENT RESOLUTION NO. 28(RES) Establishing the Joint Legislative Salmon Industry Task Force. with the: Journal Page RES RPT 5DP 2797 FN1: (LAA) 2798 FIN RPT HCS(FIN) 9DP 2949 FN2: (LAA) 2949 Representative James moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: HOUSE CS FOR CS FOR SENATE CONCURRENT RESOLUTION NO. 28(FIN) (same title) There being no objection, it was so ordered. The question being: "Shall HCS CSSCR 28(FIN) pass the House?" The roll was taken with the following result: HCS CSSCR 28(FIN) Second Reading Final Passage YEAS: 36 NAYS: 1 EXCUSED: 2 ABSENT: 1 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Kohring Excused: Mulder, Ogan Absent: Bunde 2002-04-19 House Journal Page 3043 And so, HCS CSSCR 28(FIN) passed the House and was referred to the Chief Clerk for engrossment. SCR 32 The following was read the second time: SENATE CONCURRENT RESOLUTION NO. 32 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 390, relating to the Alaska Seafood Marketing Institute and the salmon marketing tax. The Speaker stated that, without objection, the House would advance to Unfinished Business. CONCUR IN SENATE AMENDMENTS HB 390 Representative James moved and asked unanimous consent that the House consider the Senate message (page 2995) on the following at this time: HOUSE BILL NO. 390 "An Act extending the termination dates of certain activities and salmon marketing programs of the Alaska Seafood Marketing Institute and of the salmon marketing tax; expanding the allowable use of that tax for the salmon marketing programs of the Alaska Seafood Marketing Institute; relating to the Alaska Seafood Marketing Institute's salmon marketing committee; and providing for an effective date." and SENATE CS FOR HOUSE BILL NO. 390(RLS) "An Act delaying the repeal of the salmon marketing tax; expanding the allowable use of that tax for the salmon marketing 2002-04-19 House Journal Page 3044 programs of the Alaska Seafood Marketing Institute; relating to the Alaska Seafood Marketing Institute's salmon marketing committee; and providing for an effective date." (SCR 32- title change resolution) There being no objection, it was so ordered. Representative James moved that the House concur in the Senate amendment to HB 390, thus adopting SCS HB 390(RLS). The question being: "Shall the House concur in the Senate amendment to HB 390?" The roll was taken with the following result: SCS HB 390(RLS) Concur YEAS: 0 NAYS: 34 EXCUSED: 2 ABSENT: 4 Nays: Berkowitz, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Mulder, Ogan Absent: Bunde, Chenault, Cissna, Masek And so, the House failed to concur in the Senate amendment, thus failing to adopt SCS HB 390(RLS). The Chief Clerk was instructed to so notify the Senate and respectfully request it to recede. In the event the Senate fails to recede from its amendment, the Speaker appointed the following members to a Conference Committee to meet with the like committee from the Senate to consider the above bills: Representative McGuire, Chair Representative Scalzi Representative Kerttula 2002-04-19 House Journal Page 3045 SECOND READING OF SENATE RESOLUTIONS (continued) SCR 32 The following, which had been read a second time (page 3042) was returned to the Rules Committee: SENATE CONCURRENT RESOLUTION NO. 32 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 390, relating to the Alaska Seafood Marketing Institute and the salmon marketing tax. LEGISLATIVE CITATIONS Representative James 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 - 4-H Program 100th Anniversary By Representatives Kerttula, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kohring, Kott, Lancaster, McGuire, Meyer, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson Honoring - Bartlett High School Boys State 4A Basketball Champions By Senators Leman, Phillips; Representatives Crawford, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Croft, Davies, Dyson, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson Honoring - Shiloh Missionary Baptist Church 50th Anniversary By Senator Davis; Representatives Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, McGuire, Meyer, Murkowski, Ogan, Rokeberg, Stevens, Williams, Wilson 2002-04-19 House Journal Page 3046 In Memoriam - James "Qugpuk" Guy, Sr. By Representatives Kapsner, Porter, Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kerttula, Kott, Lancaster, McGuire, Meyer, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson In Memoriam - William "Bill" Thompson By Representatives Lancaster, Chenault, Porter, Berkowitz, Bunde, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kott, McGuire, Meyer, Murkowski, Ogan, Rokeberg, Scalzi, Stevens, Williams, Wilson RECONSIDERATION HB 504 Representative Davies brought up reconsideration of the vote on CSHB 504(FIN) am (page 3015). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 504(FIN) am "An Act relating to the wages of people working in the fisheries business." Representative Davies moved and asked unanimous consent that the House adopt a new fiscal note from the Dept. of Labor & Workforce Development. Representative Williams objected. The question being: "Shall the House adopt the new fiscal note?" The roll was taken with the following result: CSHB 504(FIN) am--RECONSIDERATION Adopt New Fiscal Note YEAS: 12 NAYS: 25 EXCUSED: 2 ABSENT: 1 2002-04-19 House Journal Page 3047 Yeas: Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Hayes, Joule, Kapsner, Kerttula, Kookesh, Moses Nays: Chenault, Coghill, Dyson, Fate, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Excused: Mulder, Ogan Absent: Bunde And so, the motion failed. The question to be reconsidered: "Shall CSHB 504(FIN) am pass the House?" The roll was taken with the following result: CSHB 504(FIN) am--RECONSIDERATION Third Reading Final Passage YEAS: 25 NAYS: 12 EXCUSED: 2 ABSENT: 1 Yeas: Chenault, Coghill, Dyson, Foster, Green, Halcro, Hayes, Hudson, James, Joule, Kapsner, Kohring, Kookesh, Kott, Masek, McGuire, Meyer, Morgan, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Williams, Wilson Nays: Berkowitz, Cissna, Crawford, Croft, Davies, Fate, Guess, Harris, Kerttula, Lancaster, Moses, Whitaker Excused: Mulder, Ogan Absent: Bunde And so, CSHB 504(FIN) am passed the House on reconsideration and was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS Representative James 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: 2002-04-19 House Journal Page 3048 Representative Murkowski - from 7:09 a.m., April 27 to 10:04 a.m., April 29, 2002 Representative Williams - from 1:35 p.m., today to 9:25 p.m., plane time, April 21, 2002 HB 180 Representative Stevens added his name as cosponsor to: HOUSE BILL NO. 180 "An Act requiring child services providers to obtain criminal background checks for child services workers." HB 382 Representative Foster added his name as cosponsor to: HOUSE BILL NO. 382 "An Act relating to the evaluation and cleanup of sites where certain controlled substances may have been manufactured or stored." HB 393 Representatives Kerttula, Dyson, and Murkowski added their names as cosponsors to: CS FOR HOUSE BILL NO. 393(JUD) am "An Act relating to unfair and deceptive trade practices and to the sale of business opportunities; amending Rules 4 and 73, Alaska Rules of Civil Procedure; and providing for an effective date." SCR 28 Representatives Dyson, McGuire, Halcro, Williams, Berkowitz, and James added their names as cosponsors to: HOUSE CS FOR CS FOR SENATE CONCURRENT RESOLUTION NO. 28(FIN) Establishing the Joint Legislative Salmon Industry Task Force. 2002-04-19 House Journal Page 3049 ENGROSSMENT HCR 19 HCR 19 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HJR 47 CSHJR 47(RLS) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 300 HB 300 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 393 CSHB 393(JUD) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 408 CSHB 408(HES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 504 CSHB 504(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SCR 28 HCS CSSCR 28(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 176 HCS CSSB 176(RLS) 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. Majority Caucus Speaker's Chamber 5:00 p.m., 4/19 2002-04-19 House Journal Page 3050 The following meetings today have been changed as indicated: Judiciary Committee CHANGED TO: 1:30 p.m., 4/19 Resources Committee CHANGED TO: 1:45 p.m., 4/19 ADJOURNMENT Representative James moved and asked unanimous consent that the House adjourn until 11:00 a.m., April 22, 2002. There being no objection, the House adjourned at 1:24 p.m. Suzi Lowell Chief Clerk