Legislature(2003 - 2004)
2003-04-28 House Journal
Full Journal pdf2003-04-28 House Journal Page 1145 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- FIRST SESSION Juneau, Alaska Monday April 28, 2003 Ninety-eighth Day Pursuant to adjournment the House was called to order by Speaker Kott at 11:08 a.m. Roll call showed 39 members present. Representative Moses was absent and his presence was noted later. The invocation was offered by the Chaplain, Pastor Jimmie Woods of Glacier Valley Baptist Church. Representative Fate moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. I realize, recognize, and respect that we come from different religious backgrounds. I invite you to join me in a time of prayer. Let us pray. God, I am thankful that this body of elected women and men will set aside time to recognize You today to seek wisdom, discernment, and guidance from You. I am thankful for these who have dedicated their time, talents, energy, and expertise to make this a better state, a better community. I am thankful for democracy, the right of dissent, the right to protest, the right to speak our views. I am reminded that there are those who do not have this freedom, so thank You, God, for the privileges You have given to us. Thank You for the beautiful sunshine, blue skies, and clear ocean. I thank You for all of these things in the Name of our Lord Jesus. Amen. The Pledge of Allegiance was led by Representative Hawker. 2003-04-28 House Journal Page 1146 CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 95th, 96th, and 97th legislative days and Senate and House Joint Journal Supplement No. 9 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Coghill introduced Zachary W. Seay, House Page, from North Pole. MESSAGES FROM THE GOVERNOR A letter dated April 28, 2003, from the Director of Boards and Commissions, Office of the Governor, was read stating Paulette M. Simpson, Juneau, withdraws her name from legislative confirmation of appointment to the Personnel Board (page 242). HJR 18 A message dated April 24, 2003, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 18(STA) Supporting the men and women of the United States armed forces. Legislative Resolve No. 8 SCR 1 A message dated April 24, 2003, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: 2003-04-28 House Journal Page 1147 HCS FOR CS FOR SENATE CONCURRENT RESOLUTION NO. 1(TRA) am H Relating to economic development generated by new road construction and to the design and construction of the Hot Springs Loop Road to connect Chena Hot Springs and Circle Hot Springs, of a highway along the Bradfield/Iskut Rivers transportation corridor, of the Knik Arm Crossing, of a road from Iliamna Bay to Pile Bay, and of other roads and highways. Legislative Resolve No. 9 SCR 4 A message dated April 24, 2003, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HCS FOR CS FOR SENATE CONCURRENT RESOLUTION NO. 4(STA) am H Relating to Avalanche Awareness Month. Legislative Resolve No. 7 SCR 5 A message dated April 24, 2003, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 5 Relating to declaring March 2003 as Sobriety Awareness Month. Legislative Resolve No. 2 SCR 7 A message dated April 24, 2003, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: 2003-04-28 House Journal Page 1148 SENATE CONCURRENT RESOLUTION NO. 7 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 71, relating to the Board of Certified Direct- Entry Midwives. Legislative Resolve No. 10 SJR 7 A message dated April 24, 2003, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE CS FOR SENATE JOINT RESOLUTION NO. 7(EDT) Expressing support for Vancouver, British Columbia's, bid for the 2010 Olympic Winter Games and the Paralympic Winter Games. Legislative Resolve No. 11 SJR 9 A message dated April 24, 2003, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: CS FOR SENATE JOINT RESOLUTION NO. 9(STA) Expressing confidence in and support for all members of the military, their families, and employers of members of the National Guard. Legislative Resolve No. 6 REPORTS OF STANDING COMMITTEES HB 56 The Labor & Commerce Committee has considered: HOUSE BILL NO. 56 "An Act relating to the attorney fees and costs awarded in certain court actions relating to unfair trade practices; and, if considered court rule changes, amending Rules 54(d), 79, and 82, Alaska Rules of Civil Procedure." 2003-04-28 House Journal Page 1149 and recommends it be replaced with: CS FOR HOUSE BILL NO. 56(L&C) "An Act relating to the award to the state of actual reasonable attorney fees and costs, including costs of investigation, in certain court actions relating to unfair trade practices; and amending Rules 54(d), 79, and 82, Alaska Rules of Civil Procedure." The report was signed by Representative Anderson, Chair, with the following individual recommendations: Do pass (4): Lynn, Crawford, Guttenberg, Anderson No recommendation (2): Gatto, Rokeberg The following fiscal note(s) apply to CSHB 56(L&C): 1. Indeterminate, Dept. of Law HB 56 was referred to the Judiciary Committee. HB 61 The Finance Committee has considered: HOUSE BILL NO. 61 "An Act establishing an exploration and development incentive tax credit for persons engaged in the exploration for and development of less than 150 barrels of oil or of gas for sale and delivery without reference to volume from a lease or property in the state; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 61(FIN) "An Act establishing an exploration and development incentive tax credit for operators and working interest owners directly engaged in the exploration for and development of gas for sale and delivery without reference to volume from a lease or property in the state; and providing for an effective date." 2003-04-28 House Journal Page 1150 The report was signed by Representatives Harris and Williams, Co- chairs, with the following individual recommendations: Do pass (6): Meyer, Whitaker, Foster, Chenault, Harris, Williams No recommendation (2): Stoltze, Croft The following fiscal note(s) apply to CSHB 61(FIN): 1. Zero, Dept. of Natural Resources 2. Zero, Dept. of Revenue HB 61 was referred to the Rules Committee for placement on the calendar. HB 111 The Labor & Commerce Committee has considered: HOUSE BILL NO. 111 "An Act extending the termination date of the Regulatory Commission of Alaska; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 111(L&C) "An Act providing for the prospective effect of standards changed by the Regulatory Commission of Alaska; relating to competition in regulated telecommunications and exemptions from tariffs in competitive telecommunications markets; relating to the designation of a dominant carrier in local exchange and long distance markets; relating to depreciation expense rates and cost recovery for telecommunications utilities; setting a policy regarding unbundled network elements in the telecommunications market; extending the termination date of the Regulatory Commission of Alaska; and providing for an effective date." The report was signed by Representative Anderson, Chair, with the following individual recommendations: Do pass (1): Anderson 2003-04-28 House Journal Page 1151 Do not pass (1): Lynn No recommendation (4): Crawford, Gatto, Dahlstrom, Rokeberg Amend (1): Guttenberg The following fiscal note(s) apply to CSHB 111(L&C): 1. Fiscal, Dept. of Community & Economic Development HB 111 was referred to the Finance Committee. HB 199 The Labor & Commerce Committee has considered: HOUSE BILL NO. 199 "An Act removing the annual adjustment to the minimum wage based on the rate of inflation; and providing for an effective date." The report was signed by Representative Anderson, Chair, with the following individual recommendations: Do pass (2): Lynn, Rokeberg Do not pass (4): Gatto, Crawford, Guttenberg, Dahlstrom No recommendation (1): Anderson The following fiscal note(s) apply: 1. Zero, House Labor & Commerce Committee/Dept. of Labor & Workforce Development HB 199 was referred to the Finance Committee. HB 232 The Labor & Commerce Committee has considered: 2003-04-28 House Journal Page 1152 HOUSE BILL NO. 232 "An Act relating to mercury classics; and providing for an effective date." The report was signed by Representative Anderson, Chair, with the following individual recommendations: Do pass (7): Lynn, Gatto, Crawford, Guttenberg, Dahlstrom, Rokeberg, Anderson The following fiscal note(s) apply: 1. Zero, House Labor & Commerce Committee/Dept. of Revenue HB 232 was referred to the Finance Committee. HB 234 The Finance Committee has considered: HOUSE BILL NO. 234 "An Act relating to brewpubs, and continuing the existence of the Alcoholic Beverage Control Board; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 234(FIN) "An Act relating to the Alcoholic Beverage Control Board; relating to peace officer powers of the director and employees of the Alcoholic Beverage Control Board; relating to the sale of beer manufactured at a brewpub; and providing for an effective date." The report was signed by Representative Harris, Co-chair, with the following individual recommendations: Do pass (3): Meyer, Hawker, Harris No recommendation (3): Stoltze, Croft, Chenault 2003-04-28 House Journal Page 1153 The following fiscal note(s) apply to CSHB 234(FIN): 1. Zero, Dept. of Revenue 2. Indeterminate, Dept. of Public Safety HB 234 was referred to the Rules Committee for placement on the calendar. HB 242 The Labor & Commerce Committee has considered: HOUSE BILL NO. 242 "An Act relating to licensing of certified public accountants." and recommends it be replaced with: CS FOR HOUSE BILL NO. 242(L&C) "An Act relating to licensing of certified public accountants; and providing for an effective date." The report was signed by Representative Anderson, Chair, with the following individual recommendations: Do pass (7): Lynn, Gatto, Crawford, Guttenberg, Dahlstrom, Rokeberg, Anderson The following fiscal note(s) apply to CSHB 242(L&C): 1. Zero, Dept. of Community & Economic Development HB 242 was referred to the Finance Committee. SB 115 The Finance Committee has considered: SENATE BILL NO. 115(efd fld) "An Act allowing expenses of the correctional industries program that may be financed from the correctional industries fund to include the salaries and benefits of state employees." 2003-04-28 House Journal Page 1154 and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 115(FIN) "An Act relating to the correctional industries program; and providing for an effective date." (pending title change resolution) The report was signed by Representatives Harris and Williams, Co- chairs, with the following individual recommendations: Do pass (5): Meyer, Chenault, Foster, Harris, Williams No recommendation (2): Croft, Moses The following fiscal note(s) apply to HCS SB 115(FIN): 1. Fiscal, Dept. of Corrections SB 115(efd fld) was referred to the Rules Committee for placement on the calendar. **The presence of Representative Moses was noted. REPORTS OF SPECIAL COMMITTEES HB 198 The House Special Committee on Oil & Gas has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 198 "An Act providing for a reduction of royalty on certain oil produced from Cook Inlet submerged land." and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 198(O&G) (same title) 2003-04-28 House Journal Page 1155 The report was signed by Representative Kohring, Chair, with the following individual recommendations: Do pass (6): Holm, Fate, Crawford, Kerttula, McGuire, Kohring The following fiscal note(s) apply to CSSSHB 198(O&G): 1. Fiscal, Dept. of Natural Resources SSHB 198 was referred to the Resources Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Andre Hogg, Eagle Scout By Representative Heinze Honoring - Travis Clark, Eagle Scout By Representatives Weyhrauch, Kerttula; Senator Elton Honoring - Kyle Russell, Eagle Scout By Representatives Weyhrauch, Kerttula; Senator Elton Honoring - Aaron Bruce, Eagle Scout By Representatives Weyhrauch, Kerttula; Senator Elton Honoring - Kevin Shaw, Eagle Scout By Representatives Weyhrauch, Kerttula; Senator Elton Honoring - Beta Sigma Phi By Representatives Weyhrauch, Kerttula; Senator Elton In Memoriam - Andres Aquino Cadiente, Sr. By Representatives Weyhrauch, Kerttula; Senator Elton In Memoriam - George "Bud" Danby By Representative Seaton 2003-04-28 House Journal Page 1156 In Memoriam - Dora O. Uluktluk Mulch By Representative Seaton In Memoriam - Muriel "Ruth" Lofstedt By Senator Wagoner In Memoriam - Noel Kathleen Grant Smith By Senator Taylor; Representative Wilson INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 288 HOUSE BILL NO. 288 by Representative Kohring, entitled: "An Act changing the name of the Department of Community and Economic Development." was read the first time and referred to the State Affairs and Labor & Commerce Committees. HB 289 HOUSE BILL NO. 289 by Representative McGuire, entitled: "An Act relating to the bonding and insurance requirements for certain contractors, general contractors, mechanical contractors, specialty contractors, and subcontractors; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 203 The following was read the second time: 2003-04-28 House Journal Page 1157 HOUSE BILL NO. 203 "An Act relating to the definitions of 'net income' and 'unrestricted net income' for purposes of calculating the dividends to be paid to the state by the Alaska Industrial Development and Export Authority; and providing for an effective date." with the: Journal Page L&C RPT 4DP 2NR 765 FN1: INDETERMINATE(CED) 765 FIN RPT 8DP 1NR 1090 FN1: INDETERMINATE(CED) 1090 Amendment No. 1 was offered by Representative Berkowitz: Page 1, line 3, following "Authority;" (title amendment): Insert "relating to appropriations of the dividends to the Alaska Science and Technology Foundation;" Page 1, following line 4: Insert a new bill section to read: "* Section 1. AS 44.88.088(a) is amended to read: (a) The authority shall adopt a policy for payment of a dividend to the state each fiscal year. The amount of the dividend for a fiscal year may not be less than 25 percent nor more than 50 percent of the net income of the authority for the base fiscal year. In no event, however, shall the dividend for a fiscal year exceed the total unrestricted net income of the authority for the base fiscal year. The dividend for a fiscal year shall be made available by the authority before the end of that fiscal year. The authority shall notify the commissioner of revenue when the dividend for a fiscal year is available for appropriation. Each fiscal year, an amount equal to $5,000,000 or 25 percent of the dividend, whichever is greater, may be appropriated to the Alaska Science and Technology Foundation for payment as grants under AS 37.17.010 - 37.17.110 and AS 37.17.225." Page 1, line 5: Delete "Section 1." Insert "Sec. 2." 2003-04-28 House Journal Page 1158 Renumber the following bill sections accordingly. Page 2, line 4: Delete "secs. 1 and 2" Insert "secs. 2 and 3" Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Hawker objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HB 203 Second Reading Amendment No. 1 YEAS: 16 NAYS: 22 EXCUSED: 0 ABSENT: 2 Yeas: Anderson, Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Heinze, Joule, Kapsner, Kerttula, Kookesh, Kott, McGuire, Moses Nays: Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Holm, Kohring, Lynn, Meyer, Morgan, Ogg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Absent: Masek, Rokeberg And so, Amendment No. 1 was not adopted. Representative Coghill moved and asked unanimous consent that HB 203 be considered engrossed, advanced to third reading, and placed on final passage. Representative Berkowitz objected. HB 203 will advance to third reading on tomorrow's calendar. HB 212 The following was read the second time: 2003-04-28 House Journal Page 1159 HOUSE BILL NO. 212 "An Act relating to trusts, including trust protectors, trustee advisors, transfers of property in trust, and transfers of trust interests, and to creditors' claims against property subject to a power of appointment." with the: Journal Page L&C REFERRAL WAIVED 652 JUD RPT CS(JUD) 5DP 2NR 815 FN1: ZERO(LAW) 816 FIN REFERRAL WAIVED 996 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. 212(JUD) (same title) There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 212(JUD) be considered engrossed, advanced to third reading, and placed on final passage. Representative Berkowitz objected. CSHB 212(JUD) will advance to third reading on tomorrow's calendar. SECOND READING OF SENATE BILLS SB 123 The following was read the second time: SENATE BILL NO. 123 am "An Act relating to adoptions and guardianships that include a subsidy payment by the state; eliminating annual review of the subsidy paid by the state after adoption of a hard-to-place child 2003-04-28 House Journal Page 1160 has occurred or a court has appointed a legal guardian for a hard- to-place child; and providing for an effective date." with the: Journal Page FIN RPT 5DP 4NR 1067 FN1: (HSS) 1068 Representative Coghill moved and asked unanimous consent that SB 123 am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. SB 123 am was read the third time. The question being: "Shall SB 123 am pass the House?" The roll was taken with the following result: SB 123 am Third Reading Final Passage YEAS: 30 NAYS: 0 EXCUSED: 0 ABSENT: 10 Yeas: Berkowitz, Coghill, Crawford, Dahlstrom, Fate, Foster, Gara, Gruenberg, Guttenberg, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Wilson, Wolf Absent: Anderson, Chenault, Cissna, Croft, Gatto, Harris, Hawker, Moses, Rokeberg, Williams And so, SB 123 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. SB 123 am was signed by the Speaker and Chief Clerk and returned to the Senate. 2003-04-28 House Journal Page 1161 THIRD READING OF HOUSE BILLS HB 224 The following, which was advanced to third reading from the April 25, 2003, calendar (page 1129), was read the third time: HOUSE BILL NO. 224 "An Act relating to a tobacco product manufacturer's compliance with certain statutory requirements regarding cigarette sales; and providing for an effective date." The question being: "Shall HB 224 pass the House?" The roll was taken with the following result: HB 224 Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 0 ABSENT: 3 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Wilson, Wolf Absent: Anderson, Moses, Williams And so, HB 224 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 HB 224. HB 171 The following, which was advanced to third reading from the April 25, 2003, calendar (page 1131), was read the third time: 2003-04-28 House Journal Page 1162 HOUSE BILL NO. 171 am "An Act repealing the charter school grant program; and providing for an effective date." The question being: "Shall HB 171 am pass the House?" The roll was taken with the following result: HB 171 am Third Reading Final Passage YEAS: 21 NAYS: 15 EXCUSED: 0 ABSENT: 4 Yeas: Chenault, Coghill, Fate, Foster, Gatto, Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Wilson, Wolf Nays: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kookesh, Stoltze, Weyhrauch, Whitaker Absent: Anderson, Masek, Moses, Williams And so, HB 171 am passed the House. Representative Coghill moved the effective date clause. The question being: "Shall the effective date clause be adopted." The roll was taken with the following result: HB 171 am Third Reading Effective Date YEAS: 26 NAYS: 12 EXCUSED: 0 ABSENT: 2 Yeas: Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Wilson, Wolf Nays: Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kookesh, Moses 2003-04-28 House Journal Page 1163 Absent: Anderson, Williams And so, lacking the necessary 27 votes, the effective date clause was not adopted and the new title follows: HOUSE BILL NO. 171 am(efd fld) "An Act repealing the charter school grant program." Representative Wilson later gave notice of reconsideration of the vote on HB 171 am(efd fld) and it was taken up then. HB 170 The following, which was advanced to third reading from the April 25, 2003, calendar (page 1134), was read the third time: HOUSE BILL NO. 170 "An Act increasing certain motor vehicle registration fees; and providing for an effective date." Representative Berkowitz placed a call of the House. The Speaker stated the call was satisfied. The question being: "Shall HB 170 pass the House?" The roll was taken with the following result: HB 170 Third Reading Final Passage YEAS: 23 NAYS: 17 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Chenault, Coghill, Fate, Foster, Harris, Hawker, Heinze, Holm, Kott, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Weyhrauch, Whitaker, Williams, Wilson, Wolf Nays: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, Moses, Stoltze And so, HB 170 passed the House. 2003-04-28 House Journal Page 1164 Representative Coghill moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: HB 170 Third Reading Effective Date YEAS: 26 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Heinze, Holm, Kott, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Nays: Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, Moses And so, lacking the necessary 27 votes, the effective date clause was not adopted and the new title follows: HOUSE BILL NO. 170(efd fld) "An Act increasing certain motor vehicle registration fees." Representative Coghill later gave notice of reconsideration of the vote on HB 170(efd fld) and it was taken up then. HB 248 The following, which was advanced to third reading from the April 25, 2003, calendar (page 1134), was read the third time: HOUSE BILL NO. 248 "An Act relating to the annual salary of the chief procurement officer; and providing for an effective date." The question being: "Shall HB 248 pass the House?" The roll was taken with the following result: 2003-04-28 House Journal Page 1165 HB 248 Third Reading Final Passage YEAS: 26 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Heinze, Holm, Kott, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Nays: Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, Moses And so, HB 248 passed the House. Representative Coghill moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: HB 248 Third Reading Effective Date YEAS: 29 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Chenault, Coghill, Crawford, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Nays: Berkowitz, Cissna, Croft, Gara, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kookesh, Moses And so, the effective date clause was adopted. Representative Berkowitz gave notice of reconsideration of the vote on HB 248. 2003-04-28 House Journal Page 1166 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 - Wasilla High School Girls Basketball Team, 2003 Region III 4A Champions By Representatives Kohring, Stoltze, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kapsner, Kerttula, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Weyhrauch, Williams, Wilson, Wolf Honoring - The Service High School Rifle Team By Representatives Meyer, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kapsner, Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf UNFINISHED BUSINESS HCR 18 The Speaker changed the order of the committee referrals for the following: HOUSE CONCURRENT RESOLUTION NO. 18 Establishing the Joint Legislative Charter School Task Force. HCR 18 was removed from the Health, Education & Social Services Committee and referred to the House Special Committee on Education with further referrals to the Health, Education & Social Services and Finance Committees. RECONSIDERATION HB 171 Representative Wilson gave notice of reconsideration of the vote on HB 171 am(efd fld) (page 1163). 2003-04-28 House Journal Page 1167 Representative Wilson moved and asked unanimous consent that reconsideration of HB 171 am(efd fld) be taken up on the same day. There being no objection, it was so ordered. The following was again before the House in third reading: HOUSE BILL NO. 171 am "An Act repealing the charter school grant program; and providing for an effective date." Representative Weyhrauch placed a call of the House. The call was satisfied. The question to be reconsidered: "Shall HB 171 am pass the House?" The roll was taken with the following result: HB 171 am--RECONSIDERATION Third Reading Final Passage YEAS: 24 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Holm, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Williams, Wilson, Wolf Nays: Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Heinze, Joule, Kapsner, Kerttula, Kookesh, Moses, Stoltze, Weyhrauch, Whitaker And so, HB 171 am passed the House on reconsideration. Representative Coghill moved the effective date clause. The question to be reconsidered: "Shall the effective date clause be adopted?" The roll was taken with the following result: HB 171 am--RECONSIDERATION Third Reading Effective Date YEAS: 34 NAYS: 6 EXCUSED: 0 ABSENT: 0 2003-04-28 House Journal Page 1168 Yeas: Anderson, Berkowitz, Chenault, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gatto, Gruenberg, Harris, Hawker, Heinze, Holm, Joule, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Nays: Cissna, Gara, Guttenberg, Kapsner, Kerttula, Kookesh And so, the effective date clause was adopted on reconsideration. HB 171 am was referred to the Chief Clerk for engrossment. HB 170 Representative Coghill gave notice of reconsideration of the vote on HB 170(efd fld) (page 1164). Representative Coghill moved and asked unanimous consent that reconsideration of HB 170(efd fld) be taken up on the same day. There being no objection, it was so ordered. The following was again before the House in third reading: HOUSE BILL NO. 170 "An Act increasing certain motor vehicle registration fees; and providing for an effective date." The question to be reconsidered: "Shall HB 170 pass the House?" The roll was taken with the following result: HB 170--RECONSIDERATION Third Reading Final Passage YEAS: 23 NAYS: 17 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Chenault, Coghill, Fate, Foster, Harris, Hawker, Heinze, Holm, Kott, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Weyhrauch, Whitaker, Williams, Wilson, Wolf 2003-04-28 House Journal Page 1169 Nays: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, Moses, Stoltze And so, HB 170 passed the House on reconsideration. Representative Coghill moved the effective date clause. The question to be reconsidered: "Shall the effective date clause be adopted?" The roll was taken with the following result: HB 170--RECONSIDERATION Third Reading Effective Date YEAS: 27 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Chenault, Coghill, Croft, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Heinze, Holm, Kott, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Nays: Berkowitz, Cissna, Crawford, Gara, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, Moses And so, the effective date clause was adopted on reconsideration. HB 170 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 Wilson - from 9:30 a.m. to 11:30 a.m., May 3, 2003 Representative Crawford - from 6:00 p.m., May 2 to 10:00 p.m., May 4, 2003 Representative Cissna - from 7:00 p.m., May 2 to 8:00 p.m., May 5, 2003 2003-04-28 House Journal Page 1170 Representative Gatto - from 8:00 p.m., April 30 to 10:00 a.m., plane time, May 5, 2003 ANNOUNCEMENTS The following meetings today have been changed as indicated: Judiciary Committee CHANGED TO: 1:30 p.m., 4/28 Resources Committee CHANGED TO: 1:45 p.m., 4/28 Finance Committee CHANGED TO: 2:15 p.m., 4/28 Representative Croft moved a Sense of the House. Representative Rokeberg objected and withdrew his objection. Representative Croft moved and asked unanimous consent that the House revert to Unfinished Business. There being no objection, the House reverted to: UNFINISHED BUSINESS Representative Croft moved that it be the Sense of the House that the Alaska Legislature should not change the structure of the Alaska Permanent Fund Dividend without an affirmative vote of the people of the State of Alaska. Representative Rokeberg objected and withdrew the objection. Representative Coghill moved and asked unanimous consent to refer the Sense of the House to the House Special Committee on Ways & Means. Representative Croft objected. The Speaker cited Mason's Manual, Section 388(1). 2003-04-28 House Journal Page 1171 Representative Rokeberg placed a call of the House. The call was satisfied. The question being: "Shall the Sense of the House be referred to the House Special Committee on Ways & Means?" The roll was taken with the following result: Sense of the House Refer to House Special Committee on Ways & Means YEAS: 29 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Gruenberg, Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Nays: Berkowitz, Cissna, Crawford, Croft, Gara, Guttenberg, Joule, Kapsner, Kerttula, Kookesh, Moses And so, the Sense of the House was referred to the House Special Committee on Ways & Means. HCR 19 Representative Joule added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 19 Urging implementation of an Alaska history curriculum in public schools. HB 56 Representatives Crawford, Lynn, Croft, Kerttula, Berkowitz, Anderson, and Guttenberg added their names as cosponsors to: HOUSE BILL NO. 56 "An Act relating to the attorney fees and costs awarded in certain court actions relating to unfair trade practices; and, if considered court rule changes, amending Rules 54(d), 79, and 82, Alaska Rules of Civil Procedure." 2003-04-28 House Journal Page 1172 HB 102 Representative Kohring added his name as cosponsor to: HOUSE BILL NO. 102 "An Act relating to concealed deadly weapons." HB 233 Representatives Wolf and Dahlstrom added their names as cosponsors to: HOUSE BILL NO. 233 "An Act relating to the base student allocation used in the formula for state funding of public education; and providing for an effective date." ENGROSSMENT HB 92 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: CS FOR HOUSE BILL NO. 92(JUD) am "An Act relating to reports by members of the clergy who have reasonable cause to suspect that a child has suffered harm as a result of child abuse or neglect." HB 170 HB 170 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 171 HB 171 am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. 2003-04-28 House Journal Page 1173 The following meetings today have been changed as indicated: Judiciary Committee CHANGED TO: 2:00 p.m., 4/28 Resources Committee CHANGED TO: 2:00 p.m., 4/28 ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 29, 2003. There being no objection, the House adjourned at 1:42 p.m. Suzi Lowell Chief Clerk