Legislature(2003 - 2004)
2003-05-21 House Journal
Full Journal pdf2003-05-21 House Journal Page 2057 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday May 21, 2003 One Hundred Twenty-first Day Pursuant to adjournment the House was called to order by Speaker Kott at 12:06 p.m. Roll call showed 37 members present. Representative Joule had been previously excused from a call of the House today. Representative Moses was absent and his presence was noted later. Representative Coghill moved and asked unanimous consent that Representative Kapsner 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 Heinze. Representative Fate moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. "I will lift up my eyes unto the hills from whence cometh my help. My help comes from the Lord who made heaven and earth." (Psalm 121) God on high, hear our prayer. Step into the quiet chambers of our hearts. And there in the vacuum of quietness and stillness, abide with us. As we have peeled through the layers of diversity in this room, burn into our conscious memories that those opinions - past, present, and future - are the balance of our collective wisdom. 2003-05-21 House Journal Page 2058 As we part from one another, let us enshrine that balance with clarity of mind. In the coming days - as each chapter of our lives unfolds, as each moment of joy or sorrow befalls us - God, we ask You to walk with us and bind each of us to You and one to another. In God and in Zip-a-dee-doo-dah, Amen. The Pledge of Allegiance was led by Representative Foster. MESSAGES FROM THE SENATE HCR 23 A message dated May 20, 2003, was read stating the Senate has passed: HOUSE CONCURRENT RESOLUTION NO. 23 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 85, relating to sentencing and to the earning of good time deductions for certain sexual offenses. HCR 23 was referred to the Chief Clerk for enrollment. HJR 14 A message dated May 20, 2003, was read stating the Senate has passed: CS FOR HOUSE JOINT RESOLUTION NO. 14(STA) Urging that the 2006 National Veterans Wheelchair Games be held in Anchorage, Alaska. CSHJR 14(STA) was referred to the Chief Clerk for enrollment. HJR 29 A message dated May 20, 2003, was read stating the Senate has passed: HOUSE JOINT RESOLUTION NO. 29 Relating to the establishment of Reserve Officer Training Corps programs in Alaska by the United States Coast Guard. 2003-05-21 House Journal Page 2059 HJR 29 was referred to the Chief Clerk for enrollment. HB 104 A message dated May 20, 2003, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 104(FSH) "An Act relating to payment of the fisheries business tax and to security for collection of the fisheries business tax." CSHB 104(FSH) was referred to the Chief Clerk for enrollment. HB 154 A message dated May 20, 2003, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 154(FIN) "An Act relating to advancement in public schools of children under school age; and providing for an effective date for the Act of July 1, 2004." with a technical title change: CS FOR HOUSE BILL NO. 154(FIN)(efd fld S) "An Act relating to advancement in public schools of children under school age." CSHB 154(FIN)(efd fld S) was referred to the Chief Clerk for enrollment. HB 165 A message dated May 20, 2003, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 165(HES)(efd fld) "An Act relating to community schools." CSHB 165(HES)(efd fld) was referred to the Chief Clerk for enrollment. 2003-05-21 House Journal Page 2060 HB 171 A message dated May 20, 2003, was read stating the Senate has passed: HOUSE BILL NO. 171 am "An Act repealing the charter school grant program; and providing for an effective date." HB 171 am was referred to the Chief Clerk for enrollment. HB 174 A message dated May 20, 2003, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 174(FIN) am "An Act relating to the state centralized correspondence study program, to funding for educational programs that occur primarily outside school facilities, and to the duties of school boards of borough and city school districts and regional educational attendance areas; and providing for an effective date." CSHB 174(FIN) am was referred to the Chief Clerk for enrollment. HB 210 A message dated May 20, 2003, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 210(RES) "An Act relating to the Chitina dip net fishery; and providing for an effective date." with a technical title change: CS FOR HOUSE BILL NO. 210(RES)(efd fld S) "An Act relating to the Chitina dip net fishery." CSHB 210(RES)(efd fld S) was referred to the Chief Clerk for enrollment. 2003-05-21 House Journal Page 2061 HB 267 A message dated May 20, 2003, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 267(FIN) "An Act authorizing the Alaska Railroad Corporation to provide financing for the acquisition, construction, improvement, maintenance, equipping, and operation of a natural gas pipeline and related facilities for the transportation of natural gas recovered from the North Slope of this state; authorizing the Alaska Railroad Corporation to issue bonds to finance those facilities; and providing for an effective date." CSHB 267(FIN) was referred to the Chief Clerk for enrollment. HB 269 A message dated May 20, 2003, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 269(FIN) "An Act establishing the Safety Code Task Force; and providing for an effective date." CSHB 269(FIN) was referred to the Chief Clerk for enrollment. HB 280 A message dated May 20, 2003, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 280(FIN) "An Act relating to the regulation of commercial motor vehicles to avoid loss or withholding of federal highway money, and to out- of-service orders concerning commercial motor vehicles; moving authority for commercial motor vehicle regulation from the Department of Public Safety to the Department of Transportation and Public Facilities; amending Rule 43.1, Alaska Rules of Administration; and providing for an effective date." CSHB 280(FIN) was referred to the Chief Clerk for enrollment. 2003-05-21 House Journal Page 2062 HJR 22 A message dated May 20, 2003, was read stating the Senate has passed CSHJR 22(RLS) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 22(JUD) Relating to the USA PATRIOT Act, the Bill of Rights, the Constitution of the State of Alaska, and the civil liberties, peace, and security of the citizens of our country. CSHJR 22(RLS) is under Unfinished Business. HB 14 A message dated May 20, 2003, was read stating the Senate has passed HB 14 am with the following amendment and it is transmitted for consideration: SENATE CS FOR HOUSE BILL NO. 14(STA) "An Act relating to an absence from the state while providing care for a terminally ill family member for purposes of determining eligibility for a permanent fund dividend; and providing for an effective date." HB 14 am is under Unfinished Business. HB 18 A message dated May 20, 2003, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 18(JUD) am "An Act relating to the liability of parents and legal guardians of minors who destroy property." with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 18(HES) "An Act relating to the liability of parents and legal guardians of minors who destroy property; and providing for an effective date." 2003-05-21 House Journal Page 2063 (technical title change) CSHB 18(JUD) am is under Unfinished Business. HB 112 A message dated May 20, 2003, was read stating the Senate has passed CSHB 112(FIN) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 112(FIN) "An Act relating to the authority of the Alaska Industrial Development and Export Authority to issue bonds and to a municipal tax exemption for certain assets and projects of the Alaska Industrial Development and Export Authority; and providing for an effective date." CSHB 112(FIN) is under Unfinished Business. HB 214 A message dated May 20, 2003, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 214(JUD) "An Act relating to the recovery of punitive damages against an employer who is determined to be vicariously liable for the act or omission of an employee; and providing for an effective date." with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 214(JUD)(efd fld S) "An Act relating to the recovery of punitive damages against an employer who is determined to be vicariously liable for the act or omission of an employee." (technical title change) CSHB 214(JUD) is under Unfinished Business. 2003-05-21 House Journal Page 2064 HB 246 A message dated May 20, 2003, was read stating the Senate has passed CSHB 246(RES)(title am) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 246(RES) am S "An Act relating to certain audits regarding oil and gas royalty and net profits, to audits regarding costs relating to exploration incentive credits and oil and gas exploration licenses, and to the limitation on upland acreage that a person may take or hold under oil and gas leases; and providing for an effective date." CSHB 246(RES)(title am) is under Unfinished Business. SB 45 A message dated May 20, 2003, was read stating the Senate has concurred in the House amendment to CSSB 45(JUD), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 45(FIN) "An Act relating to the Legislative Budget and Audit Committee." SB 85 A message dated May 20, 2003, was read stating the Senate has concurred in the House amendment to: CS FOR SENATE BILL NO. 85(STA) "An Act relating to sentencing and to the earning of good time deductions for certain sexual offenses." thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 85(JUD) "An Act relating to the factors that may be considered in making a crime victim compensation award; relating to sentencing and to the earning of good time deductions for certain sexual offenses." (HCR 23 - title change resolution) 2003-05-21 House Journal Page 2065 SB 168 A message dated May 20, 2003, was read stating the Senate has concurred in the House amendment to CSSB 168(FIN) am, thus adopting: CS FOR SENATE BILL NO. 168(FIN) am H "An Act relating to issuance and revocation of licenses for the importation, sale, distribution, or manufacture of cigarettes and tobacco products; relating to a tax refund or credit for unsaleable, returned, or destroyed tobacco products; relating to restrictions on and penalties for shipping or transporting cigarettes; relating to records concerning the sale of cigarettes; amending and adding definitions relating to cigarette taxes; relating to the payment of cigarette taxes; relating to penalties applicable to cigarette taxes; relating to the definition of the wholesale price of tobacco products; relating to payment of cigarette taxes through the use of cigarette tax stamps; relating to provisions making certain cigarettes contraband and subject to seizure and forfeiture; relating to certain crimes, penalties, and interest concerning tobacco taxes and stamps; relating to cigarette sales; and providing for an effective date." A message dated May 20, 2003, was read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 14 SENATE CONCURRENT RESOLUTION NO. 14 by the Senate Labor & Commerce Committee: Relating to requesting the Governor to negotiate a 40-hour workweek with state employees. was read the first time and referred to the Labor & Commerce Committee. 2003-05-21 House Journal Page 2066 SCR 18 SENATE CONCURRENT RESOLUTION NO. 18 by the Senate Labor & Commerce Committee: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 195, relating to the state health insurance plan. was read the first time and taken up later as a Special Order of Business. **The presence of Representative Moses was noted. REPORTS OF STANDING COMMITTEES SB 183 The Community & Regional Affairs Committee has considered: CS FOR SENATE BILL NO. 183(STA) "An Act authorizing certain boroughs to use revenue collected on an areawide or nonareawide basis for economic development." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 183(CRA) "An Act relating to municipal property taxation in annexed and detached areas; relating to mergers and consolidations of municipalities; and authorizing certain boroughs to use revenue collected on an areawide or nonareawide basis for economic development; and providing for an effective date." (HCR 24 - title change resolution) The report was signed by Representative Morgan, Chair, with the following individual recommendations: Do pass (2): Anderson, Morgan No recommendation (5): Kott, Samuels, Wolf, Cissna, Kookesh 2003-05-21 House Journal Page 2067 The following fiscal note(s) apply to HCS CSSB 183(CRA): 2. Zero, Dept. of Community & Economic Development CSSB 183(STA) is on the first supplemental calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Peter Atchak, For Community Safety Award By Representative Kapsner; Senator Hoffman Honoring - Mike Husa, For Bravery By Representative Kapsner Honoring - Colby Ryan Morris, Eagle Scout Award By Representatives Dahlstrom, Stoltze Honoring - John Oscar, Recipient of the American Red Cross Fire Rescue Award By Representative Kapsner; Senator Hoffman Honoring - Susan Taylor, Recipient of the Bill Biven Award for Community Service By Representative Kapsner; Senator Hoffman Honoring - Jessica Hendricks, 2003 Iditarod Rookie of the Year By Senator Lincoln Honoring - Title Wave Books By Senator Ellis In Memoriam - Gasper (Gus) Caterinichio By Representative Berkowitz; Senator French 2003-05-21 House Journal Page 2068 In Memoriam - George Kozmetsky By Representative McGuire In Memoriam - Charlie Karl, Sr.,"Tariuralria" By Representative Kapsner; Senator Hoffman In Memoriam - John Christopher Gregory By Senator Lincoln In Memoriam - Rosie Lankard By Senator Lincoln In Memoriam - Theodore Anthony Littlefield By Senator Lincoln; Representative Kookesh INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 329 HOUSE BILL NO. 329 by Representative McGuire, entitled: "An Act relating to retirement incentive programs for the public employees' retirement system, the judicial retirement system, and the teachers' retirement system; relating to separation incentives for certain state employees; and providing for an effective date." was read the first time and referred to the State Affairs, Labor & Commerce, and Finance Committees. HB 330 HOUSE BILL NO. 330 by the House Rules Committee by request of the Governor, entitled: "An Act shortening the time periods after which certain unclaimed property is presumed to be abandoned; and providing for an effective date." 2003-05-21 House Journal Page 2069 was read the first time and referred to the Labor & Commerce and State Affairs Committees. The following fiscal note(s) apply: 1. Fiscal, Dept. of Revenue The Governor's transmittal letter dated May 20, 2003, follows: "Dear Speaker Kott: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that would amend AS 34.45, the Uniform Unclaimed Property Act, to shorten the time periods after which certain unclaimed property is presumed to be abandoned and must be transferred to the custody of the state. Alaska's current unclaimed property statutes are based on the 1981 version of the Uniform Unclaimed Property Act adopted by the National Conference of Commissioners on Uniform State Laws. That Act, and Alaska's Act, are intended to prevent people from losing their right to property that is justifiably theirs by requiring that unclaimed property be transferred to the state to act as custodian once the property is presumed abandoned. In 1995, the uniform law commissioners revised their Act to streamline the process by which states deal with unclaimed property and to better protect property owners. One of the changes proposed in the 1995 revision is a general shortening of the time periods after which most unclaimed property is presumed to be abandoned and must be transferred to the custody of the state. Shortening the time period benefits both the state and the owner of the unclaimed property. As the custodian for the unclaimed property, the property is available to the state as a source of revenue, pending the rightful owner's claim. The rightful owner benefits by having the property transferred at an earlier date to a perpetual custodian with the stability to assure that the property will be there when the owner comes forward to claim it. 2003-05-21 House Journal Page 2070 I urge your early and favorable consideration of the bill. Sincerely, /s/ Frank H. Murkowski Governor" HB 331 HOUSE BILL NO. 331 by the House Rules Committee by request of the Governor, entitled: "An Act relating to federal requirements for governmental plan and other qualifications for the teachers' retirement system, the public employees' retirement system, and the judicial retirement system; and providing for an effective date." was read the first time and referred to the State Affairs, Labor & Commerce, and Finance Committees. The following fiscal note(s) apply: 1. Zero, Dept. of Administration The Governor's transmittal letter dated May 20, 2003, follows: "Dear Speaker Kott: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to federal requirements for governmental plan qualifications for the teachers' retirement system, the public employees' retirement system, and the judicial retirement system, as required by the federal Internal Revenue Service. This bill also would further implement changes that allow retirement system members to selectively transfer pre-tax money, or make additional contributions, to repay indebtedness and to purchase permissible service credits in the Alaska retirement systems. These changes would allow members to better plan their retirement and to 2003-05-21 House Journal Page 2071 make their financial future more secure. Taking advantage of such tax law provisions would strengthen the retirement systems in a cost- effective manner. Sincerely, /s/ Frank H. Murkowski Governor" CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 215 The following was read the second time: CS FOR SENATE BILL NO. 215(STA) "An Act relating to a lease-purchase agreement for, the construction and equipping of, and the financing of a seafood and food safety laboratory facility to be operated by the Department of Environmental Conservation, including the issuance of certificates of participation, and the use of certain investment income for certain construction and equipping costs; and providing for an effective date." with the: Journal Page FIN RPT 2DP 1DNP 4NR 2005 FN2: (DEC) 2005 FN3: (REV) 2005 FN4: (ADM) 2005 Representative Coghill moved and asked unanimous consent that CSSB 215(STA) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSSB 215(STA) was read the third time. 2003-05-21 House Journal Page 2072 The question being: "Shall CSSB 215(STA) pass the House?" The roll was taken with the following result: CSSB 215(STA) Third Reading Final Passage YEAS: 31 NAYS: 5 EXCUSED: 2 ABSENT: 2 Yeas: Anderson, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Heinze, Holm, Kerttula, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Seaton, Williams, Wilson, Wolf Nays: Hawker, Kohring, Samuels, Stoltze, Weyhrauch Excused: Joule, Kapsner Absent: Berkowitz, Whitaker And so, CSSB 215(STA) 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. CSSB 215(STA) was signed by the Speaker and Chief Clerk and returned to the Senate. THIRD READING OF HOUSE BILLS HB 36 The following, which was advanced to third reading from the May 20, 2003, calendar (page 1993), was read the third time: CS FOR HOUSE BILL NO. 36(L&C) am "An Act relating to unlawful electronic mail activities and making certain electronic mail activities unfair methods of competition or unfair or deceptive acts or practices under the state's unfair trade practices and consumer protection laws; and providing for an effective date." 2003-05-21 House Journal Page 2073 The question being: "Shall CSHB 36(L&C) am pass the House?" The roll was taken with the following result: CSHB 36(L&C) am Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 2 ABSENT: 3 Yeas: Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Hawker, Heinze, Holm, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Joule, Kapsner Absent: Chenault, Harris, Rokeberg And so, CSHB 36(L&C) am passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 36(L&C) am was referred to the Chief Clerk for engrossment. THIRD READING OF SENATE BILLS SB 100 The following, which was held from the May 20, 2003, calendar (page 2027), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 100(FIN) "An Act making capital appropriations, supplemental appropriations, and reappropriations; capitalizing funds; making other appropriations; 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." The Speaker stated that, without objection, HCS CSSB 100(FIN) would be moved to the bottom of the calendar: 2003-05-21 House Journal Page 2074 SB 112 The following, which was advanced to third reading from the May 20, 2003, calendar (page 1994), was read the third time: CS FOR SENATE BILL NO. 112(FIN) "An Act relating to tax refunds for government agency purchases of fuel; and providing for an effective date." The question being: "Shall CSSB 112(FIN) pass the House?" The roll was taken with the following result: CSSB 112(FIN) Third Reading Final Passage YEAS: 34 NAYS: 1 EXCUSED: 2 ABSENT: 3 Yeas: Anderson, Cissna, Coghill, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kerttula, Kohring, Kookesh, Kott, Lynn, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Nays: Masek Excused: Joule, Kapsner Absent: Berkowitz, Chenault, Crawford And so, CSSB 112(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. CSSB 112(FIN) was signed by the Speaker and Chief Clerk and returned to the Senate. The Speaker stated that, without objection, the House would revert to: 2003-05-21 House Journal Page 2075 COMMUNICATIONS The following was received: Dept. of Administration Office of the Commissioner Report on the Monetary Terms of the Collective Bargaining Agreement Between the State and the Masters, Mates, and Pilots (as required by AS 23.40.215) THIRD READING OF SENATE BILLS (Continued) SB 202 The following, which was held from the May 20, 2003, calendar (page 2028), was read the third time: CS FOR SENATE BILL NO. 202(FIN) "An Act relating to school transportation; relating to the base student allocation used in the formula for state funding of public education; and providing for an effective date." The Speaker stated that, without objection, the rules would be suspended and the bill would be returned to second reading for all amendments. Amendment No. 1 was offered by Representative Gara: Page 2, line 7: Delete "$4,169" Insert "$4,303" Representative Gara moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Harris objected. **The presence of Representative Kapsner, who had been previously excused (page 2057), was noted. 2003-05-21 House Journal Page 2076 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 202(FIN) Second Reading Amendment No. 1 YEAS: 16 NAYS: 22 EXCUSED: 1 ABSENT: 1 Yeas: Anderson, Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Kapsner, Kerttula, Kookesh, Masek, Moses, Ogg, Weyhrauch, Wolf Nays: Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, McGuire, Meyer, Morgan, Rokeberg, Samuels, Seaton, Stoltze, Whitaker, Wilson Excused: Joule Absent: Williams And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Gara: Page 2, following line 18: Insert a new section to read: "* Sec 4. In the case where a district's ADM decreases from a prior year, the prior year's ADM shall be utilized in determining the amount under AS 14.09.010 unless the Department makes the following finding: that pupil transportation costs have decreased by an amount proportionate to the decrease in ADM." Renumber the remaining bill section. Representative Gara moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Meyer objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: 2003-05-21 House Journal Page 2077 CSSB 202(FIN) Second Reading Amendment No. 2 YEAS: 15 NAYS: 22 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Chenault, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Kapsner, Kerttula, Kookesh, Masek, Moses, Wilson, Wolf Nays: Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Whitaker, Williams Excused: Joule Absent: Anderson, Weyhrauch And so, Amendment No. 2 was not adopted. Amendment No. 3 was not offered. Amendment No. 4 was offered by Representative Gara: Page 1, line 12, following "2003": Insert ", adjusted annually after fiscal year 2003 for inflation by using the most current Anchorage Consumer Price Index," Page 1, line 11: Delete "(1)" Page 2, line 1: Delete all material. Representative Gara moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Gatto objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: 2003-05-21 House Journal Page 2078 CSSB 202(FIN) Second Reading Amendment No. 4 YEAS: 12 NAYS: 27 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Kapsner, Kerttula, Kookesh, Masek, Moses Nays: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Joule And so, Amendment No. 4 was not adopted. CSSB 202(FIN) was automatically in third reading. The question being: "Shall CSSB 202(FIN) pass the House?" The roll was taken with the following result: CSSB 202(FIN) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Whitaker, Williams, Wilson, Wolf Excused: Croft, Joule Absent: Weyhrauch And so, CSSB 202(FIN) passed the House. 2003-05-21 House Journal Page 2079 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. CSSB 202(FIN) was signed by the Speaker and Chief Clerk and returned to the Senate. RECONSIDERATION SB 119 Representative Rokeberg brought up reconsideration of the vote on HCS CSSB 119(FIN) am H, which had been held until today (page 2020). The following was again before the House in third reading: HCS FOR CS FOR SENATE BILL NO. 119(FIN) am H "An Act authorizing the Alaska Public Offices Commission to issue advisory opinions; amending campaign financial disclosure and reporting requirements, campaign contribution limits, provisions related to contributions after elections, and provisions related to unused campaign contributions; providing for expedited consideration of, and modifying procedures for determining, violations of state election campaign laws; amending the time period within which to file an administrative complaint of a violation of state election campaign laws; amending the definitions of 'express communication' and 'political party' for state election campaigns; amending the registration fee for lobbyists; providing for increased use of electronic filing for reports to the Alaska Public Offices Commission; adding a definition of 'commission' in the regulation of lobbying laws; amending the requirements for the reporting of financial interests by public officials; adding a definition of 'domestic partner' in the legislative ethics code and in the public official financial disclosure requirements; making conforming amendments; and providing for an effective date." 2003-05-21 House Journal Page 2080 Representative Gruenberg moved and asked unanimous consent that HCS CSSB 119(FIN) am H be returned to second reading for the specific purpose of rescinding previous action in failing to adopt Amendment No. 1 (page 1944). Objection was heard. Representative Gruenberg placed a call of the House and lifted the call. The question being: "Shall HCS CSSB 119(FIN) am H be returned to second reading for the specific purpose of rescinding previous action in failing to adopt Amendment No. 1?" The roll was taken with the following result: HCS CSSB 119(FIN) am H--RECONSIDERATION Third Reading Return to Second/Rescind Previous Action/Amendment No. 1 YEAS: 19 NAYS: 19 EXCUSED: 2 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Gara, Gatto, Gruenberg, Guttenberg, Holm, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Moses, Ogg, Seaton, Weyhrauch, Whitaker Nays: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Harris, Hawker, Heinze, Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels, Stoltze, Williams, Wilson, Wolf Excused: Croft, Joule And so, the motion failed. The question to be reconsidered: "Shall HCS CSSB 119(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 119(FIN) am H--RECONSIDERATION Third Reading Final Passage YEAS: 22 NAYS: 16 EXCUSED: 2 ABSENT: 0 2003-05-21 House Journal Page 2081 Yeas: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Harris, Hawker, Heinze, Holm, Kott, Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels, Stoltze, Whitaker, Williams, Wilson, Wolf Nays: Berkowitz, Cissna, Crawford, Gara, Gatto, Gruenberg, Guttenberg, Kapsner, Kerttula, Kohring, Kookesh, Lynn, Moses, Ogg, Seaton, Weyhrauch Excused: Croft, Joule And so, HCS CSSB 119(FIN) am H passed the House on reconsideration. Representative Coghill 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: HCS CSSB 119(FIN) am H--RECONSIDERATION Third Reading Effective Date YEAS: 27 NAYS: 11 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, 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, Gara, Gatto, Gruenberg, Guttenberg, Kapsner, Kerttula, Kookesh, Moses Excused: Croft, Joule And so, the effective date clause was adopted. HCS CSSB 119(FIN) am H was referred to the Chief Clerk for engrossment. SB 117 Representative Rokeberg brought up reconsideration of the vote on CSSB 117(FIN)(fld H) (page 2001). 2003-05-21 House Journal Page 2082 The following was again before the House in third reading: CS FOR SENATE BILL NO. 117(FIN) "An Act relating to the longevity bonus program; and providing for an effective date." Representatives Fate and Kerttula moved and asked unanimous consent that they be allowed to abstain from voting because of a conflict of interest. Objection was heard, and the members were required to vote. Representative Guttenberg placed a call of the House and lifted the call. Representative Croft placed a call of the House. The call was satisfied. The question to be reconsidered: "Shall CSSB 117(FIN) pass the House?" The roll was taken with the following result: CSSB 117(FIN)--RECONSIDERATION Third Reading Final Passage YEAS: 14 NAYS: 25 EXCUSED: 1 ABSENT: 0 Yeas: Chenault, Coghill, Fate, Harris, Hawker, Kohring, Rokeberg, Samuels, Seaton, Weyhrauch, Whitaker, Williams, Wilson, Wolf Nays: Anderson, Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Heinze, Holm, Kapsner, Kerttula, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Stoltze Excused: Joule And so, CSSB 117(FIN) failed to pass the House on reconsideration. CSSB 117(FIN)(fld H) was referred to the Chief Clerk for engrossment. The Speaker stated that, without objection, the House would revert to: 2003-05-21 House Journal Page 2083 MESSAGES FROM THE SENATE HB 234 A message dated May 20, 2003, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 234(RLS) am "An Act extending the termination date of the Alcoholic Beverage Control Board; relating to the sale of beer manufactured at a brewpub; and providing for an effective date." with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 234(L&C) "An Act relocating the Alcoholic Beverage Control Board from the Department of Revenue to the Department of Public Safety; extending the termination date of the Alcoholic Beverage Control Board; relating to the sale of beer manufactured at a brewpub; and providing for an effective date." (technical title change) CSHB 234(RLS) am is under Unfinished Business. HB 245 A message dated May 21, 2003, was read stating the Senate has passed CSHB 245(JUD)(efd fld) with the following amendment and it is transmitted for consideration: CS FOR HOUSE BILL NO. 245(JUD) am S "An Act relating to certain suits and claims by members of the military services; relating to certain suits and claims regarding acts or omissions of the organized militia; relating to workers' compensation and death benefits for members of the organized militia; relating to liability arising out of certain search and rescue, civil defense, fire management, and fire fighting activities." CSHB 245(JUD)(efd fld) is under Unfinished Business. 2003-05-21 House Journal Page 2084 HB 251 A message dated May 20, 2003, was read stating the Senate has passed CSHB 251(FIN) am with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 251(FIN) "An Act relating to exemption of certain foreign pleasure craft from the mandatory pilotage requirement and to civil fines imposed on the owner or operator of a pleasure craft of foreign registry; and providing for an effective date." CSHB 251(FIN) am is under Unfinished Business. CONCUR IN SENATE AMENDMENTS HB 14 Representative Coghill moved and asked unanimous consent that the House consider the Senate message (page 2062) on the following at this time: HOUSE BILL NO. 14 am "An Act relating to an absence from the state while providing care for a terminally ill family member for purposes of determining eligibility for a permanent fund dividend; and providing for an effective date." and SENATE CS FOR HOUSE BILL NO. 14(STA) (same title) There being no objection, it was so ordered. Representative Coghill moved that the House concur in the Senate amendment to HB 14 am, thus adopting SCS HB 14(STA), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to HB 14 am?" The roll was taken with the following result: 2003-05-21 House Journal Page 2085 SCS HB 14(STA) Concur YEAS: 37 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Whitaker, Williams, Wilson, Wolf Nays: Stoltze, Weyhrauch Excused: Joule And so, the House concurred in the Senate amendment, thus adopting SCS HB 14(STA). 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. The Chief Clerk notified the Senate. SCS HB 14(STA) was referred to the Chief Clerk for enrollment. HB 112 Representative Coghill moved and asked unanimous consent that the House consider the Senate message (page 2063) on the following at this time: CS FOR HOUSE BILL NO. 112(FIN) "An Act relating to the authority of the Alaska Industrial Development and Export Authority to issue bonds and to a municipal tax exemption for certain assets and projects of the Alaska Industrial Development and Export Authority; and providing for an effective date." and 2003-05-21 House Journal Page 2086 SENATE CS FOR CS FOR HOUSE BILL NO. 112(FIN) (same title) There being no objection, it was so ordered. Representative Coghill moved that the House concur in the Senate amendment to CSHB 112(FIN), thus adopting SCS CSHB 112(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 112(FIN)?" The roll was taken with the following result: SCS CSHB 112(FIN) Concur YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Joule Absent: Rokeberg And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 112(FIN). 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. The Chief Clerk notified the Senate. SCS CSHB 112(FIN) was referred to the Chief Clerk for enrollment. HB 214 Representative Coghill moved and asked unanimous consent that the House consider the Senate message (page 2063) on the following at this time: 2003-05-21 House Journal Page 2087 CS FOR HOUSE BILL NO. 214(JUD) "An Act relating to the recovery of punitive damages against an employer who is determined to be vicariously liable for the act or omission of an employee; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 214(JUD)(efd fld S) "An Act relating to the recovery of punitive damages against an employer who is determined to be vicariously liable for the act or omission of an employee." (technical title change) There being no objection, it was so ordered. Representative Coghill moved that the House concur in the Senate amendment to CSHB 214(JUD), thus adopting SCS CSHB 214(JUD)(efd fld S), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 214(JUD)?" The roll was taken with the following result: SCS CSHB 214(JUD)(efd fld S) Concur YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Joule And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 214(JUD)(efd fld S). 2003-05-21 House Journal Page 2088 The Chief Clerk notified the Senate. SCS CSHB 214(JUD)(efd fld S) was referred to the Chief Clerk for enrollment. HJR 22 Representative Coghill moved and asked unanimous consent that the House consider the Senate message (page 2062) on the following at this time: CS FOR HOUSE JOINT RESOLUTION NO. 22(RLS) Relating to the USA PATRIOT Act, the Bill of Rights, the Constitution of the State of Alaska, and the civil liberties, peace, and security of the citizens of our country. and SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 22(JUD) (same title) There being no objection, it was so ordered. Representative Coghill moved that the House concur in the Senate amendment to CSHJR 22(RLS), thus adopting SCS CSHJR 22(JUD), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHJR 22(RLS)?" The roll was taken with the following result: SCS CSHJR 22(JUD) Concur YEAS: 37 NAYS: 1 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kookesh, Kott, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf 2003-05-21 House Journal Page 2089 Nays: Lynn Excused: Croft, Joule And so, the House concurred in the Senate amendment, thus adopting SCS CSHJR 22(JUD). The Chief Clerk notified the Senate. SCS CSHJR 22(JUD) was referred to the Chief Clerk for enrollment. HB 18 Representative Coghill moved and asked unanimous consent that the House consider the Senate message (page 2062) on the following at this time: CS FOR HOUSE BILL NO. 18(JUD) am "An Act relating to the liability of parents and legal guardians of minors who destroy property." and SENATE CS FOR CS FOR HOUSE BILL NO. 18(HES) "An Act relating to the liability of parents and legal guardians of minors who destroy property; and providing for an effective date." (technical title change) There being no objection, it was so ordered. Representative Coghill moved that the House concur in the Senate amendment to CSHB 18(JUD) am, thus adopting SCS CSHB 18(HES). Representative Gruenberg declared a conflict of interest. The question being: "Shall the House concur in the Senate amendment to CSHB 18(JUD) am?" The roll was taken with the following result: 2003-05-21 House Journal Page 2090 SCS CSHB 18(HES) Concur YEAS: 16 NAYS: 22 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Chenault, Dahlstrom, Foster, Gatto, Harris, Hawker, Kohring, Lynn, Masek, Meyer, Rokeberg, Samuels, Seaton, Stoltze, Williams Nays: Berkowitz, Cissna, Coghill, Crawford, Fate, Gara, Gruenberg, Guttenberg, Heinze, Holm, Kapsner, Kerttula, Kookesh, Kott, McGuire, Morgan, Moses, Ogg, Weyhrauch, Whitaker, Wilson, Wolf Excused: Croft, Joule And so, the House failed to concur in the Senate amendment, thus failing to adopt SCS CSHB 18(HES). The Chief Clerk notified the Senate and respectfully requested 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 a like committee from the Senate to consider the above bills: Representative McGuire, Chair Representative Meyer Representative Gruenberg HB 234 Representative Coghill moved and asked unanimous consent that the House consider the Senate message (page 2083) on the following at this time: CS FOR HOUSE BILL NO. 234(RLS) am "An Act extending the termination date of the Alcoholic Beverage Control Board; relating to the sale of beer manufactured at a brewpub; and providing for an effective date." 2003-05-21 House Journal Page 2091 and SENATE CS FOR CS FOR HOUSE BILL NO. 234(L&C) "An Act relocating the Alcoholic Beverage Control Board from the Department of Revenue to the Department of Public Safety; extending the termination date of the Alcoholic Beverage Control Board; relating to the sale of beer manufactured at a brewpub; and providing for an effective date." (technical title change) There being no objection, it was so ordered. Representative Coghill moved that the House concur in the Senate amendment to CSHB 234(RLS) am, thus adopting SCS CSHB 234(L&C), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 234(RLS) am?" The roll was taken with the following result: SCS CSHB 234(L&C) Concur YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Croft, Joule And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 234(L&C). 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. 2003-05-21 House Journal Page 2092 The Chief Clerk notified the Senate. SCS CSHB 234(L&C) was referred to the Chief Clerk for enrollment. HB 245 Representative Coghill moved and asked unanimous consent that the House consider the Senate message (page 2083) on the following at this time: CS FOR HOUSE BILL NO. 245(JUD)(efd fld) "An Act relating to certain suits and claims by members of the military services; relating to certain suits and claims regarding acts or omissions of the organized militia; relating to workers' compensation and death benefits for members of the organized militia; relating to liability arising out of certain search and rescue, civil defense, fire management, and fire fighting activities." and CS FOR HOUSE BILL NO. 245(JUD) am S (same title) There being no objection, it was so ordered. Representative Coghill moved that the House concur in the Senate amendment to CSHB 245(JUD)(efd fld), thus adopting CSHB 245(JUD) am S, and recommended that the members vote yes. Representative Gruenberg placed a call of the House and lifted the call. The question being: "Shall the House concur in the Senate amendment to CSHB 245(JUD)(efd fld)?" The roll was taken with the following result: CSHB 245(JUD) am S Concur YEAS: 33 NAYS: 5 EXCUSED: 2 ABSENT: 0 2003-05-21 House Journal Page 2093 Yeas: Anderson, Berkowitz, Chenault, Coghill, Crawford, Dahlstrom, Fate, Foster, Gara, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Weyhrauch, Whitaker, Williams, Wilson, Wolf Nays: Cissna, Gatto, Gruenberg, Masek, Stoltze Excused: Croft, Joule And so, the House concurred in the Senate amendment, thus adopting CSHB 245(JUD) am S. The Chief Clerk notified the Senate. CSHB 245(JUD) am S was referred to the Chief Clerk for enrollment. HB 246 Representative Coghill moved and asked unanimous consent that the House consider the Senate message (page 2064) on the following at this time: CS FOR HOUSE BILL NO. 246(RES)(title am) "An Act relating to certain audits regarding oil and gas royalty and net profits, to audits regarding costs relating to exploration incentive credits and oil and gas exploration licenses, and to the limitation on upland acreage that a person may take or hold under oil and gas leases; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 246(RES) am S (same title) There being no objection, it was so ordered. Representative Coghill moved that the House concur in the Senate amendment to CSHB 246(RES)(title am), thus adopting SCS CSHB 246(RES) am S, and recommended that the members vote yes. 2003-05-21 House Journal Page 2094 The question being: "Shall the House concur in the Senate amendment to CSHB 246(RES)(title am)?" The roll was taken with the following result: SCS CSHB 246(RES) am S Concur YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Croft, Joule And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 246(RES) am S. 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. The Chief Clerk notified the Senate. SCS CSHB 246(RES) am S was referred to the Chief Clerk for enrollment. HB 251 Representative Coghill moved and asked unanimous consent that the House consider the Senate message (page 2084) on the following at this time: CS FOR HOUSE BILL NO. 251(FIN) am "An Act relating to exemption of certain foreign pleasure craft from the mandatory pilotage requirement and to civil fines imposed on the owner or operator of a pleasure craft of foreign registry; and providing for an effective date." 2003-05-21 House Journal Page 2095 and SENATE CS FOR CS FOR HOUSE BILL NO. 251(FIN) (same title) There being no objection, it was so ordered. Representative Coghill moved that the House concur in the Senate amendment to CSHB 251(FIN) am, thus adopting SCS CSHB 251(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 251(FIN) am?" The roll was taken with the following result: SCS CSHB 251(FIN) Concur YEAS: 36 NAYS: 2 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Fate, Foster, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Weyhrauch, Whitaker, Williams, Wilson, Wolf Nays: Gara, Stoltze Excused: Croft, Joule And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 251(FIN). 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. The Chief Clerk notified the Senate. SCS CSHB 251(FIN) was referred to the Chief Clerk for enrollment. The Speaker stated that, without objection, the House would revert to: 2003-05-21 House Journal Page 2096 MESSAGES FROM THE SENATE HCR 21 A message dated May 20, 2003, was read stating the Senate has passed CSHCR 21(FIN) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION NO. 21(FIN) Relating to establishing the Alaska Energy Policy Task Force. CSHCR 21(FIN) is under Unfinished Business. HB 9 A message dated May 21, 2003, was read stating the Senate has passed CSHB 9(FIN) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) "An Act relating to the registration of individuals who perform home inspections; relating to regulation of contractors; relating to registration fees for specialty contractors, home inspectors, and associate home inspectors; relating to home inspection requirements for residential loans purchased or approved by the Alaska Housing Finance Corporation; relating to civil actions by and against home inspectors and to civil actions arising from residential unit inspections; repealing a law that limits liability for damages based on a duty to inspect a residential unit to damages caused by gross negligence or intentional misconduct; and providing for an effective date." CSHB 9(FIN) is under Unfinished Business. HB 256 A message dated May 20, 2003, was read stating the Senate has passed HB 256 with the following amendment and it is transmitted for consideration: 2003-05-21 House Journal Page 2097 SENATE CS FOR HOUSE BILL NO. 256(FIN) am S "An Act relating to a dividend payment to the state made by the Alaska Housing Finance Corporation each fiscal year; and providing for an effective date." HB 256 is under Unfinished Business. CONCUR IN SENATE AMENDMENTS HCR 21 Representative Coghill moved and asked unanimous consent that the House consider the Senate message (page 2096) on the following at this time: CS FOR HOUSE CONCURRENT RESOLUTION NO. 21(FIN) Relating to establishing the Alaska Energy Policy Task Force. and SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION NO. 21(FIN) (same title) There being no objection, it was so ordered. Representative Coghill moved that the House concur in the Senate amendment to CSHCR 21(FIN), thus adopting SCS CSHCR 21(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHCR 21(FIN)?" The roll was taken with the following result: SCS CSHCR 21(FIN) Concur YEAS: 35 NAYS: 0 EXCUSED: 2 ABSENT: 3 2003-05-21 House Journal Page 2098 Yeas: Anderson, Berkowitz, Chenault, Coghill, Crawford, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Croft, Joule Absent: Cissna, Heinze, Kapsner And so, the House concurred in the Senate amendment, thus adopting SCS CSHCR 21(FIN). The Chief Clerk notified the Senate. SCS CSHCR 21(FIN) was referred to the Chief Clerk for enrollment. HB 9 Representative Coghill moved and asked unanimous consent that the House consider the Senate message (page 2096) on the following at this time: CS FOR HOUSE BILL NO. 9(FIN) am "An Act relating to the registration of individuals who perform home inspections; relating to regulation of contractors; relating to registration fees for specialty contractors, home inspectors, and associate home inspectors; relating to home inspection requirements for residential loans purchased or approved by the Alaska Housing Finance Corporation; relating to civil actions by and against home inspectors and to civil actions arising from residential unit inspections; repealing a law that limits liability for damages based on a duty to inspect a residential unit to damages caused by gross negligence or intentional misconduct; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) (same title) There being no objection, it was so ordered. 2003-05-21 House Journal Page 2099 Representative Coghill moved that the House concur in the Senate amendment to CSHB 9(FIN) am, thus adopting SCS CSHB 9(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 9(FIN) am?" The roll was taken with the following result: SCS CSHB 9(FIN) Concur YEAS: 29 NAYS: 7 EXCUSED: 2 ABSENT: 2 Yeas: Anderson, Chenault, Coghill, Crawford, Dahlstrom, Fate, Foster, Guttenberg, Harris, Hawker, Holm, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Weyhrauch, Whitaker, Williams, Wilson, Wolf Nays: Berkowitz, Gara, Gatto, Gruenberg, Kapsner, Kerttula, Stoltze Excused: Croft, Joule Absent: Cissna, Heinze And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 9(FIN). Representative Coghill 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: SCS CSHB 9(FIN) Concur Effective Date YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf 2003-05-21 House Journal Page 2100 Excused: Croft, Joule Absent: Heinze And so, the effective date clause was adopted. The Chief Clerk notified the Senate. SCS CSHB 9(FIN) was referred to the Chief Clerk for enrollment. HB 256 Representative Coghill moved and asked unanimous consent that the House consider the Senate message (page 2096) on the following at this time: HOUSE BILL NO. 256 "An Act relating to a dividend payment to the state made by the Alaska Housing Finance Corporation each fiscal year; and providing for an effective date." and SENATE CS FOR HOUSE BILL NO. 256(FIN) am S (same title) There being no objection, it was so ordered. Representative Coghill moved that the House concur in the Senate amendment to HB 256, thus adopting SCS HB 256(FIN) am S, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to HB 256?" The roll was taken with the following result: SCS HB 256(FIN) am S Concur YEAS: 31 NAYS: 0 EXCUSED: 2 ABSENT: 7 2003-05-21 House Journal Page 2101 Yeas: Chenault, Cissna, Coghill, Crawford, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Kapsner, Kerttula, Kookesh, Kott, Lynn, Masek, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Croft, Joule Absent: Anderson, Berkowitz, Dahlstrom, Heinze, Holm, Kohring, McGuire And so, the House concurred in the Senate amendment, thus adopting SCS HB 256(FIN) am S. 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. The Chief Clerk notified the Senate. SCS HB 256(FIN) am S was referred to the Chief Clerk for enrollment. CONSIDERATION OF THE FIRST SUPPLEMENTAL CALENDAR Representative Coghill moved and asked unanimous consent that the House adopt the First Supplemental Calendar. There being no objection, the following Supplemental Calendar was adopted: CSSB 183(STA) HCR 24 SECOND READING OF SENATE BILLS SB 183 The following was read the second time: CS FOR SENATE BILL NO. 183(STA) "An Act authorizing certain boroughs to use revenue collected on an areawide or nonareawide basis for economic development." 2003-05-21 House Journal Page 2102 with the: Journal Page CRA RPT HCS(CRA) NT 2DP 5NR 2066 TITLE CHANGE: HCR 24 2066 FN2: ZERO(CED) 2066 Representative Coghill 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. 183(CRA) "An Act relating to municipal property taxation in annexed and detached areas; relating to mergers and consolidations of municipalities; and authorizing certain boroughs to use revenue collected on an areawide or nonareawide basis for economic development; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Holm: Page 1, line 2 (title amendment): Delete "relating to mergers and consolidations of municipalities;" Page 2, line 1 through page 3, line 9: Delete all material. Renumber the following bill sections accordingly. Page 3, lines 15 - 23: Delete all material. Renumber the following bill section accordingly. Representative Holm moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. 2003-05-21 House Journal Page 2103 Representative Coghill moved and asked unanimous consent that HCS CSSB 183(CRA) am H be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered and the new title follows: HOUSE CS FOR CS FOR SENATE BILL NO. 183(CRA) am H "An Act relating to municipal property taxation in annexed and detached areas; and authorizing certain boroughs to use revenue collected on an areawide or nonareawide basis for economic development; and providing for an effective date." HCS CSSB 183(CRA) am H was read the third time. The question being: "Shall HCS CSSB 183(CRA) am H pass the House?" The roll was taken with the following result: HCS CSSB 183(CRA) am H Third Reading Final Passage YEAS: 29 NAYS: 0 EXCUSED: 2 ABSENT: 9 Yeas: Chenault, Cissna, Coghill, Crawford, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Morgan, Rokeberg, Samuels, Seaton, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Croft, Joule Absent: Anderson, Berkowitz, Dahlstrom, Heinze, Kapsner, Meyer, Moses, Ogg, Stoltze And so, HCS CSSB 183(CRA) am H 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. HCS CSSB 183(CRA) am H was referred to the Chief Clerk for engrossment. 2003-05-21 House Journal Page 2104 SPECIAL ORDER OF BUSINESS HCR 24 Representative Coghill moved and asked unanimous consent that the following be taken up as a Special Order of Business at this time: HOUSE CONCURRENT RESOLUTION NO. 24 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 183, authorizing certain boroughs to use revenue collected on an areawide or nonareawide basis for economic development. There being no objection, it was so ordered. The question being: "Shall HCR 24 pass the House?" The roll was taken with the following result: HCR 24 Special Order of Business YEAS: 32 NAYS: 0 EXCUSED: 2 ABSENT: 6 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Morgan, Moses, Rokeberg, Samuels, Seaton, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Croft, Joule Absent: Dahlstrom, Heinze, Kapsner, Meyer, Ogg, Stoltze And so, HCR 24 passed the House and was referred to the Chief Clerk for engrossment. The Speaker stated that, without objection, the House would recess for a Majority Caucus at 5:30 p.m.; and so, the House recessed at 5:18 p.m. AFTER RECESS The Speaker called the House back to order at 8:15 p.m. 2003-05-21 House Journal Page 2105 CONSIDERATION OF THE DAILY CALENDAR (Continued) THIRD READING OF SENATE BILLS (Continued) SB 100 The following, which had been read the third time and moved to the bottom of the calendar (page 2073), was again before the House: HOUSE CS FOR CS FOR SENATE BILL NO. 100(FIN) "An Act making capital appropriations, supplemental appropriations, and reappropriations; capitalizing funds; making other appropriations; 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." The Speaker stated that, without objection, the rules would be suspended and the bill would be returned to second reading for all amendments. Amendment No. 1 was offered by Representative Croft: Page 110, lines 31 - 32 through page 111, lines 1 - 4: Delete all material. Representative Croft moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Williams objected. Representative Berkowitz placed a call of the House. The call was satisfied. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 2003-05-21 House Journal Page 2106 HCS CSSB 100(FIN) Second Reading Amendment No. 1 YEAS: 13 NAYS: 26 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Kapsner, Kerttula, Kohring, Kookesh, Masek, Moses Nays: 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 Excused: Joule And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Croft: Page 110, lines 28 - 30: Delete all material. Page 111, lines 5 - 11: Delete all material. Page 111, lines 18 - 21: Delete all material. Page 111, lines 22 - 25: Delete all material. Representative Croft moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Harris objected. Representative Rokeberg rose to a point of order. The Speaker cautioned the member to confine remarks to the amendment. 2003-05-21 House Journal Page 2107 The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 100(FIN) Second Reading Amendment No. 2 YEAS: 12 NAYS: 26 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Kapsner, Kerttula, Kohring, Kookesh, Moses Nays: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Heinze, Holm, Kott, Lynn, Masek, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Joule Absent: McGuire And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Croft: Page 111, line 25, following "repealed": Insert "; (7) deposits in the budget reserve fund (art. IX, sec. 17, Constitution of the State of Alaska) for fiscal year 2003 that were made from the power cost equalization endowment fund (AS 42.45.070(a)) and the power cost equalization and rural electric capitalization fund (AS 42.45.100(a)) that were made by operation of art. IX, sec. 17(d), Constitution of the State of Alaska, to repay appropriations from the budget reserve fund are appropriated from the budget reserve fund to the power cost equalization endowment fund (AS 42.45.070(a)) and the power cost equalization and rural electric capitalization fund (AS 42.45.100(a))." Representative Croft moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Harris objected. 2003-05-21 House Journal Page 2108 Representative Croft placed a call of the House. The Speaker stated the call was satisfied. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HCS CSSB 100(FIN) Second Reading Amendment No. 3 YEAS: 14 NAYS: 25 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Foster, Gara, Gruenberg, Guttenberg, Kapsner, Kerttula, Kookesh, Morgan, Moses, Ogg Nays: Anderson, Chenault, Coghill, Dahlstrom, Fate, Gatto, Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Joule And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Croft: Page 29, following line 30: Insert new material to read: "It is the intent of the legislature that no portion of the following appropriation be spent to oppose the following orders of the Regulatory Commission of Alaska: Docket No. P-97-4, order no. 151; and Docket No. P-97-7, order no. 110" Representative Croft moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Rokeberg objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: 2003-05-21 House Journal Page 2109 HCS CSSB 100(FIN) Second Reading Amendment No. 4 YEAS: 14 NAYS: 25 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Chenault, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Kapsner, Kerttula, Kookesh, Moses, Stoltze, Whitaker Nays: Anderson, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Weyhrauch, Williams, Wilson, Wolf Excused: Joule And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Williams: Page 101, following line 16: Insert a new subsection to read: "(c) The unexpended and unobligated balance on June 30, 2003, of fiscal year 2003 receipts of the Department of Community and Economic Development, division of banking, securities and corporations, not to exceed $300,000, is appropriated to the Department of Community and Economic Development for the fiscal years ending June 30, 2003, and June 30, 2004, for payment as a grant under AS 37.05.316 to Arctic Power for education efforts to open the coastal plain of the Arctic National Wildlife Refuge for oil and gas exploration and development." Representative Williams moved and asked unanimous consent that Amendment No. 5 be adopted. There being no objection, it was so ordered. Amendment No. 6 was offered by Representative Williams: 2003-05-21 House Journal Page 2110 Page 111, lines 18 - 19: Delete "subsection (c) of a bill section bearing the catchline "Fund Transfers" of a version of HB 75" Insert "sec. 21(d), CCS SSHB 75" Page 111, lines 22 - 23: Delete "subsection (b) of a bill section bearing the catchline "Alaska Permanent Fund Corporation" of a version of HB 75" Insert "sec. 12(b), CCS SSHB 75" Representative Williams moved and asked unanimous consent that Amendment No. 6 be adopted. There being no objection, it was so ordered. Amendment No. 7 was offered by Representative Berkowitz: Page 1, line 1 through page 112, line 18: Delete all material and insert text from the following: HOUSE BILL NO. 100 "An Act making supplemental and other appropriations; amending appropriations; and providing for an effective date." Representative Berkowitz moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Williams objected. Representative Rokeberg placed a call of the House on the bill. The call was satisfied. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: HCS CSSB 100(FIN) am H Second Reading Amendment No. 7 YEAS: 11 NAYS: 28 EXCUSED: 1 ABSENT: 0 2003-05-21 House Journal Page 2111 Yeas: Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Kapsner, Kerttula, Kookesh, Moses Nays: Anderson, Chenault, Coghill, 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 Excused: Joule And so, Amendment No. 7 was not adopted. Amendment No. 8 was offered by Representatives Harris, Williams, Kerttula, and Weyhrauch: Page 110, line 2: Delete Section 66. Renumber the following bill sections accordingly. Representative Williams moved and asked unanimous consent that Amendment No. 8 be adopted. There being no objection, it was so ordered. Amendment No. 9 was offered by Representative Kerttula: Page 110, lines 15 - 19: Delete all material. Reletter the following subsections accordingly. Page 110, line 24: Delete "The appropriations in (a) - (c)" Insert "The appropriations in (a) and (b)" Page 110, line 26, through page 11, line 25: Delete all material. Renumber the following bill sections accordingly. 2003-05-21 House Journal Page 2112 Page 111, lines 27 - 30: Delete all material. Renumber the following bill sections accordingly. Page 112, line 12: Delete "66, and 68" Insert "and 66" Representative Kerttula moved and asked unanimous consent that Amendment No. 9 be adopted. Objection was heard. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: HCS CSSB 100(FIN) am H Second Reading Amendment No. 9 YEAS: 11 NAYS: 28 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Kapsner, Kerttula, Kookesh, Moses Nays: Anderson, Chenault, Coghill, 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 Excused: Joule And so, Amendment No. 9 was not adopted. HCS CSSB 100(FIN) am H was automatically in third reading. The question being: "Shall HCS CSSB 100(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 100(FIN) am H Third Reading Final Passage YEAS: 28 NAYS: 11 EXCUSED: 1 ABSENT: 0 2003-05-21 House Journal Page 2113 Yeas: Anderson, Chenault, Coghill, 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, Crawford, Croft, Gara, Gruenberg, Guttenberg, Kapsner, Kerttula, Kookesh, Moses Excused: Joule And so, HCS CSSB 100(FIN) am H passed the House. The question being: "Shall the appropriations from the constitutional budget reserve fund (art. IX, sec. 17(c), Constitution of the State of Alaska) be adopted?" The roll was taken with the following result: HCS CSSB 100(FIN) am H Third Reading Constitutional Budget Reserve Appropriations YEAS: 28 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Anderson, Chenault, Coghill, 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, Crawford, Croft, Gara, Gruenberg, Guttenberg, Kapsner, Kerttula, Kookesh, Moses Excused: Joule And so, the appropriations from the constitutional budget reserve fund (art. IX, sec. 17(c), Constitution of the State of Alaska) were not adopted and the new title follows: HOUSE CS FOR CS FOR SENATE BILL NO. 100(FIN) am H(brf sup maj fld H) "An Act making capital appropriations, supplemental appropriations, and reappropriations; capitalizing funds; making other appropriations; and providing for an effective date." 2003-05-21 House Journal Page 2114 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. In accordance with Rule 43(b) of the Uniform Rules, the Speaker waived engrossment of HCS CSSB 100(FIN) am H(brf sup maj fld H), and it was referred to the Chief Clerk and transmitted to the Senate with copies of certified amendments attached. **Representative Coghill moved and asked unanimous consent that Representative Moses be excused from a call of the House today. There being no objection, it was so ordered. The Speaker stated that, without objection, the House would revert to: REPORTS OF SPECIAL COMMITTEES HB 18 The Conference Committee considering: CS FOR HOUSE BILL NO. 18(JUD) am "An Act relating to the liability of parents and legal guardians of minors who destroy property." and SENATE CS FOR CS FOR HOUSE BILL NO. 18(HES) "An Act relating to the liability of parents and legal guardians of minors who destroy property; and providing for an effective date." requests limited powers of free conference on the following specific point: The dollar amount of liability that a parent may be liable for if an unemancipated minor knowingly destroys real or personal property. The House version proposed a $15,000 cap, and the Senate version a $25,000 cap. The Conference Committee is requesting the authority to establish a compromise. 2003-05-21 House Journal Page 2115 The request was signed by Representatives McGuire (Chair), Meyer, and Gruenberg; Senators Dyson (Chair) and Seekins. Pursuant to the letter, the Speaker granted the limited powers of free conference as requested. The Conference Committee with limited powers of free conference considering CSHB 18(JUD) am and SCS CSHB 18(HES) recommends the following be adopted: CONFERENCE CS FOR HOUSE BILL NO. 18 "An Act relating to the liability of parents and legal guardians of minors who destroy property; and providing for an effective date." The report was signed by Representatives McGuire (Chair), Meyer, and Gruenberg; Senators Dyson (Chair), Seekins, and Davis. The following fiscal note(s) apply to CCS HB 18: 1. Zero, Alaska Court System Representative Coghill moved that the House adopt the Conference Committee with limited powers of free conference report, thus adopting CCS HB 18. The question being: "Shall the House adopt the Conference Committee with limited powers of free conference report?" The roll was taken with the following result: CCS HB 18 Adopt YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Wilson, Wolf Excused: Joule, Moses 2003-05-21 House Journal Page 2116 Absent: Williams And so, the House adopted the Conference Committee with limited powers of free conference report, thus adopting CCS HB 18. 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. The Chief Clerk notified the Senate. CCS HB 18 was referred to the Chief Clerk for engrossment and enrollment. The House advanced to: UNFINISHED BUSINESS HB 75 Representative Coghill moved and asked unanimous consent that the House consider the Conference Committee with limited powers of free conference report on the following, which is under Unfinished Business (page 2026), at this time: CS FOR SS FOR HOUSE BILL NO. 75(FIN) am(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 SS FOR HOUSE BILL NO. 75(FIN)(brf sup maj fld S) (same title) There being no objection, it was so ordered. Representative Coghill moved that the House adopt the Conference Committee with limited powers of free conference report, thus adopting CCS SSHB 75 and recommended that the members vote yes. 2003-05-21 House Journal Page 2117 The question being: "Shall the House adopt the Conference Committee report?" The roll was taken with the following result: CCS SSHB 75 Adopt YEAS: 28 NAYS: 9 EXCUSED: 2 ABSENT: 1 Yeas: Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Heinze, Holm, Kapsner, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Wilson, Wolf Nays: Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Kerttula, Kookesh Excused: Joule, Moses Absent: Williams And so, the House adopted the Conference Committee with limited powers of free conference report, thus adopting: CONFERENCE CS FOR SS FOR HOUSE BILL NO. 75 "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." 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. The Chief Clerk notified the Senate. The Senate has adopted the Conference Committee with limited powers of free conference report (Senate journal page *). CCS SSHB 75 was referred to the Chief Clerk for engrossment and enrollment. HB 76 Representative Coghill moved and asked unanimous consent that the House consider the Conference Committee with limited powers of free 2003-05-21 House Journal Page 2118 conference report on the following, which is under Unfinished Business (page 2026), at this time: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 76(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 SS FOR HOUSE BILL NO. 76(FIN) am S "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." There being no objection, it was so ordered. Representative Coghill moved that the House adopt the Conference Committee with limited powers of free conference report, thus adopting CCS SSHB 76 and recommended that the members vote yes. The question being: "Shall the House adopt the Conference Committee report?" The roll was taken with the following result: CCS SSHB 76 Adopt YEAS: 33 NAYS: 4 EXCUSED: 2 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Dahlstrom, Fate, Foster, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Wilson, Wolf Nays: Crawford, Croft, Gara, Kerttula Excused: Joule, Moses 2003-05-21 House Journal Page 2119 Absent: Williams And so, the House adopted the Conference Committee with limited powers of free conference report, thus adopting: CONFERENCE CS FOR SS FOR HOUSE BILL NO. 76 "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." 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. The Chief Clerk notified the Senate. The Senate has adopted the Conference Committee with limited powers of free conference report (Senate journal page *). CCS SSHB 76 was referred to the Chief Clerk for engrossment and enrollment. CONSIDERATION OF THE DAILY CALENDAR (Continued) 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 - John Klapperich By Representatives Gatto, Stoltze, Kott, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Weyhrauch, Williams, Wilson, Wolf 2003-05-21 House Journal Page 2120 Honoring - Doris Dearborn By Representatives Gatto, Stoltze, Kott, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Weyhrauch, Williams, Wilson, Wolf Honoring - Peter Probasco By Representatives Gatto, Stoltze, Kott, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Weyhrauch, Williams, Wilson, Wolf Honoring - Sergeant James Gallen By Representatives Morgan, Kott, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf Honoring - Abraham Michael Salmon By Representatives Kohring, Stoltze, Kott, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Weyhrauch, Williams, Wilson, Wolf Honoring - The Heroes of Mentasta Village By Representatives Morgan, Kott, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Honoring - Kachemak Emergency Services By Representatives Seaton, Kott, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Stoltze, Weyhrauch, Williams, Wilson, Wolf 2003-05-21 House Journal Page 2121 Honoring - Sister Claire Gagnon By Senator Ogan; Representatives Kott, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf In Memoriam - Jeremy Jay Faga, September 12, 1975 - April 19, 2003 By Representatives Morgan, Kott, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf In Memoriam - Bernard "Ben" Guild By Representatives Stoltze, Kott, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Weyhrauch, Williams, Wilson, Wolf In Memoriam - Harry L. Hutchison By Representatives Holm, Kott, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf In Memoriam - Robert Arthur Merdes By Representatives Holm, Kott, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf In Memoriam - "Jean and Mac" Mackin By Representatives Holm, Kott, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf 2003-05-21 House Journal Page 2122 In Memoriam - Quentin Leslie Johnson By Representatives Seaton, Kott, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Stoltze, Weyhrauch, Williams, Wilson, Wolf In Memoriam - Michael Murray Pease By Senator Ogan; Representatives Stoltze, Kott, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Weyhrauch, Williams, Wilson, Wolf In Memoriam - Charles Harrison Brewster By Senator Bunde; Representatives Kott, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf SPECIAL ORDER OF BUSINESS Representative Coghill moved and asked unanimous consent that the notice and publication requirements be waived and the citations on the special citation calendar be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that the House approve the citations on the special citation calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Peter Atchak, For Community Safety Award By Representatives Kapsner, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf; Senator Hoffman 2003-05-21 House Journal Page 2123 Honoring - Mike Husa, For Bravery By Representatives Kapsner, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Honoring - Colby Ryan Morris, Eagle Scout Award By Representatives Dahlstrom, Stoltze, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Weyhrauch, Whitaker, Williams, Wilson, Wolf Honoring - John Oscar, Recipient of the American Red Cross Fire Rescue Award By Representatives Kapsner, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Honoring - Susan Taylor, Recipient of the Bill Biven Award for Community Service By Representatives Kapsner, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Honoring - Jessica Hendricks, 2003 Iditarod Rookie of the Year By Senator Lincoln; Representatives Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf 2003-05-21 House Journal Page 2124 Honoring - Title Wave Books By Senator Ellis; Representatives Kott, Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf In Memoriam - Gasper (Gus) Caterinichio By Representatives Berkowitz, Kott, Anderson, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf; Senator French In Memoriam - George Kozmetsky By Representatives McGuire, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kookesh, Masek, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf In Memoriam - Charlie Karl, Sr.,"Tariuralria" By Representatives Kapsner, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kerttula, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf; Senator Hoffman In Memoriam - John Christopher Gregory By Senator Lincoln; Representatives Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf 2003-05-21 House Journal Page 2125 In Memoriam - Rosie Lankard By Senator Lincoln; Representatives Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf In Memoriam - Theodore Anthony Littlefield By Senator Lincoln; Representatives Kookesh, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE SENATE HB 195 A message dated May 21, 2003, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 195(L&C) am "An Act relating to coverage offered under an individual policy of health care insurance; relating to the state health insurance plan; and providing for an effective date." with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 195(L&C) "An Act relating to the state health insurance plan; and providing for an effective date." (SCR 18 - title change resolution) CSHB 195(L&C) am is under Unfinished Business. 2003-05-21 House Journal Page 2126 HB 232 A message dated May 21, 2003, was read stating the Senate has passed: HOUSE BILL NO. 232 "An Act relating to mercury classics; and providing for an effective date." with the following amendment and it is transmitted for consideration: SENATE CS FOR HOUSE BILL NO. 232(FIN) "An Act relating to contests of skill under the charitable gaming laws; relating to mercury classics; and providing for an effective date." (SCR 16 - title change resolution) HB 232 is under Unfinished Business. SB 183 A message dated May 21, 2003, was read stating the Senate has failed to concur in the House amendment to CSSB 183(STA), namely: HOUSE CS FOR CS FOR SENATE BILL NO. 183(CRA) am H "An Act relating to municipal property taxation in annexed and detached areas; and authorizing certain boroughs to use revenue collected on an areawide or nonareawide basis for economic development; and providing for an effective date." and respectfully requests the House to recede from its amendment. HCS CSSB 183(CRA) am H is under Unfinished Business. A message dated May 21, 2003, was read stating the Senate has passed the following and it is transmitted for consideration: 2003-05-21 House Journal Page 2127 FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 16 SENATE CONCURRENT RESOLUTION NO. 16 by the Senate Finance Committee: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 232, relating to mercury classics. was read the first time and taken up later as a Special Order of Business. UNFINISHED BUSINESS HB 232 Representative Coghill moved and asked unanimous consent that the House consider the Senate message (page 2126) on the following at this time: HOUSE BILL NO. 232 "An Act relating to mercury classics; and providing for an effective date." and SENATE CS FOR HOUSE BILL NO. 232(FIN) "An Act relating to contests of skill under the charitable gaming laws; relating to mercury classics; and providing for an effective date." (SCR 16 - title change resolution) There being no objection, it was so ordered. Representative Coghill moved that the House concur in the Senate amendment to HB 232, thus adopting SCS HB 232(FIN), and recommended that the members vote yes. 2003-05-21 House Journal Page 2128 The question being: "Shall the House concur in the Senate amendment to HB 232?" The roll was taken with the following result: SCS HB 232(FIN) Concur YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Croft, Joule, Moses And so, the House concurred in the Senate amendment, thus adopting SCS HB 232(FIN). 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. The Chief Clerk notified the Senate. SCS HB 232(FIN) was referred to the Chief Clerk for enrollment. SPECIAL ORDER OF BUSINESS SCR 16 Representative Coghill moved and asked unanimous consent that the following be taken up as a Special Order of Business at this time: SENATE CONCURRENT RESOLUTION NO. 16 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 232, relating to mercury classics. There being no objection, it was so ordered. The question being: "Shall SCR 16 pass the House?" The roll was taken with the following result: 2003-05-21 House Journal Page 2129 SCR 16 Special Order of Business YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Croft, Joule, Moses And so, SCR 16 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. UNFINISHED BUSINESS HB 195 Representative Coghill moved and asked unanimous consent that the House consider the Senate message (page 2125) on the following at this time: CS FOR HOUSE BILL NO. 195(L&C) am "An Act relating to coverage offered under an individual policy of health care insurance; relating to the state health insurance plan; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 195(L&C) "An Act relating to the state health insurance plan; and providing for an effective date." (SCR 18 - title change resolution) There being no objection, it was so ordered. Representative Coghill moved that the House concur in the Senate amendment to CSHB 195(L&C) am, thus adopting SCS CSHB 195(L&C), and recommended that the members vote yes. 2003-05-21 House Journal Page 2130 The question being: "Shall the House concur in the Senate amendment to CSHB 195(L&C) am?" The roll was taken with the following result: SCS CSHB 195(L&C) Concur YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Croft, Joule, Moses And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 195(L&C). 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. The Chief Clerk notified the Senate. SCS CSHB 195(L&C) was referred to the Chief Clerk for enrollment. SPECIAL ORDER OF BUSINESS SCR 18 Representative Coghill moved and asked unanimous consent that the following be taken up as a Special Order of Business at this time: SENATE CONCURRENT RESOLUTION NO. 18 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 195, relating to the state health insurance plan. There being no objection, it was so ordered. 2003-05-21 House Journal Page 2131 The question being: "Shall SCR 18 pass the House?" The roll was taken with the following result: SCR 18 Special Order of Business YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Croft, Joule, Moses And so, SCR 18 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. RECEDE SB 183 Representative Coghill moved and asked unanimous consent that the House recede from its amendment to CSSB 183(STA), namely HCS CSSB 183(CRA) am H, and recommended that the members vote yes. Representative Morgan objected. Representative Coghill moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. HCS CSSB 183(CRA) am H is under Unfinished Business. RECONSIDERATION SB 173 Representative Berkowitz brought up reconsideration of the vote on SB 173(efd fld) (page 2019). SENATE BILL NO. 173(efd fld) "An Act repealing statutes pertaining to the Alaska Science and Technology Foundation and transferring money in the 2003-05-21 House Journal Page 2132 foundation's endowment; repealing statutes relating to the BIDCO assistance program; repealing statutes pertaining to the international trade and business endowment and transferring money in the international trade and business endowment; transferring oversight administration of outstanding Alaska Science and Technology Foundation loans and grants to the Alaska Industrial Development and Export Authority; establishing an Alaska BIDCO assistance program to be administered by the Department of Community and Economic Development; and making conforming amendments." The House adjourned, and so, SB 173(efd fld) will be in third reading on the January 12, 2004, calendar. UNFINISHED BUSINESS HB 9 Representative Lynn added his name as cosponsor to: SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) "An Act relating to the registration of individuals who perform home inspections; relating to regulation of contractors; relating to registration fees for specialty contractors, home inspectors, and associate home inspectors; relating to home inspection requirements for residential loans purchased or approved by the Alaska Housing Finance Corporation; relating to civil actions by and against home inspectors and to civil actions arising from residential unit inspections; repealing a law that limits liability for damages based on a duty to inspect a residential unit to damages caused by gross negligence or intentional misconduct; and providing for an effective date." HB 36 Representatives Samuels and Anderson added their names as cosponsors to: CS FOR HOUSE BILL NO. 36(L&C) am "An Act relating to unlawful electronic mail activities and making certain electronic mail activities unfair methods of competition or 2003-05-21 House Journal Page 2133 unfair or deceptive acts or practices under the state's unfair trade practices and consumer protection laws; and providing for an effective date." SCR 13 Representative Lynn added his name as cross sponsor to: SENATE CONCURRENT RESOLUTION NO. 13 Encouraging the Department of Corrections to provide canned Alaska pink salmon to inmates of the Alaska prison system. SB 183 Representative Lynn added his name as cross sponsor to: HOUSE CS FOR CS FOR SENATE BILL NO. 183(CRA) am H "An Act relating to municipal property taxation in annexed and detached areas; and authorizing certain boroughs to use revenue collected on an areawide or nonareawide basis for economic development; and providing for an effective date." SB 185 Representative Kohring added his name as cross sponsor to: HOUSE CS FOR CS FOR SENATE BILL NO. 185(O&G) am H "An Act providing for a reduction of royalty on certain oil produced from Cook Inlet submerged land, and for a credit for certain exploration expenses against oil and gas properties production taxes on oil and gas produced from a lease or property in the state." SB 149 Reconsideration of the following was not taken up on this legislative day. It was signed by the Speaker and Chief Clerk and returned to the Senate: CS FOR SENATE BILL NO. 149(RES) "An Act relating to timber, to the sale of timber by the state, and to the management of state forests." 2003-05-21 House Journal Page 2134 ENGROSSMENT HCR 24 HCR 24 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 36 CSHB 36(L&C) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 119 HCS CSSB 119(FIN) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 183 HCS CSSB 183(CRA) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ADJOURNMENT Representative Fate moved and asked unanimous consent that the House adjourn until 11:00 a.m., January 12, 2004. There being no objection, the House adjourned at midnight. Suzi Lowell Chief Clerk