Legislature(2003 - 2004)
2004-03-29 House Journal
Full Journal pdf2004-03-29 House Journal Page 3099 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday March 29, 2004 Seventy-eighth Day Pursuant to adjournment the House was called to order by Speaker Kott at 11:24 a.m. Roll call showed 38 members present. Representative Gatto had been previously excused from a call of the House today. Representative Coghill moved and asked unanimous consent that Representative Chenault be excused from a call of the House to 1:00 p.m., today. There being no objection, it was so ordered. The presence of Representative Chenault was noted later. The invocation was offered by the Chaplain, Pastor Bill Nelson of United Pentecostal Church of Juneau. Representative Fate moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. It is with the deepest respect for the religious beliefs of all Alaskans that I offer this prayer: O Lord, our God, creator and ultimate ruler of the universe, You have placed mankind as stewards over Your creation to subdue it and have dominion over it. You have given us the power of choice to do things our way or to consult You for help in time of need. My faith tells me that You do involve Yourself in the affairs of man when invited to do so. My experience tells me this is true. Lord, let this serve as the invitation to manifest Your presence here, to involve Yourself in one of the most important endeavors that mankind can be gathered together for: to cooperate as one body for the formulation of rules of governance to better the quality of life for all who come under it. You have blessed us, O Lord, by 2004-03-29 House Journal Page 3100 allowing us to live in a land that is still governed by Your principles. We do not take this as a small thing, for it is because of our adherence to Your principles that You have elevated us to the level of prosperity that we enjoy. Please do not let us forget that. Please impart to us a generous portion of Your wisdom to help us in our work today, O Lord, and bless us with Your peace. Amen. The Pledge of Allegiance was led by Representative McGuire. CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 74th, 75th, 76th, and 77th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated March 26, 2004, was read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 227 CS FOR SENATE BILL NO. 227(STA) am by the Senate State Affairs Committee, entitled: "An Act relating to municipal runoff elections and to municipal initiative and referendum elections." was read the first time and referred to the Community & Regional Affairs and State Affairs Committees. SB 344 SENATE BILL NO. 344 by Senator Seekins, entitled: 2004-03-29 House Journal Page 3101 "An Act relating to the Uniform Probate Code and trusts, including pleadings, orders, nonprobate assets, estates of decedents, minors, protected persons, incapacitated persons, guardians, conservators, trustees, foreign trusts, principal and income, and transfer restrictions; relating to corporate voting trusts; and providing for an effective date." was read the first time and referred to the Judiciary Committee. SB 373 SENATE BILL NO. 373 by the Senate Health, Education & Social Services Committee, entitled: "An Act relating to residency and internship permits issued by the State Medical Board; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services Committee. COMMUNICATIONS Letters of disclosure, as required by AS 24.60, were published in House Journal Supplement No. 6 and Senate and House Joint Journal Supplement No. 16. REPORTS OF STANDING COMMITTEES HJR 31 The State Affairs Committee has considered: HOUSE JOINT RESOLUTION NO. 31 Proposing amendments to the Constitution of the State of Alaska relating to the Alaska permanent fund and to payments to certain state residents from the Alaska permanent fund; and providing for an effective date for the amendments. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 31(STA) Proposing amendments to the Constitution of the State of Alaska 2004-03-29 House Journal Page 3102 relating to the Alaska permanent fund and to payments to certain state residents from the fund; and providing for an effective date. The report was signed by Representative Weyhrauch, Chair, with the following individual recommendations: Do pass (2): Holm, Weyhrauch Do not pass (4): Seaton, Gruenberg, Coghill, Berkowitz No recommendation (1): Lynn The following fiscal note(s) apply to CSHJR 31(STA): 1. Zero, Dept. of Labor & Workforce Development 2. Fiscal, Office of the Governor 3. Fiscal, Dept. of Education & Early Development 4. Fiscal, Dept. of Revenue 5. Fiscal, Dept. of Revenue 6. Fiscal, Dept. of Health & Social Services 7. Fiscal, Dept. of Health & Social Services 8. Fiscal, Dept. of Health & Social Services 9. Fiscal, Dept. of Health & Social Services 10. Fiscal, Dept. of Health & Social Services 11. Fiscal, Dept. of Health & Social Services 12. Fiscal, Dept. of Health & Social Services 13. Fiscal, Dept. of Health & Social Services 14. Fiscal, Dept. of Health & Social Services 15. Fiscal, Dept. of Health & Social Services 16. Fiscal, Dept. of Law 17. Fiscal, Dept. of Public Safety 18. Fiscal, Dept. of Revenue 19. Fiscal, Dept. of Revenue HJR 31 was referred to the Judiciary Committee. HB 236 The Finance Committee has considered: 2004-03-29 House Journal Page 3103 HOUSE BILL NO. 236 "An Act imposing a tax on employment; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 236(FIN) "An Act imposing a limited tax on wages and on net earnings from self-employment; relating to the administration and enforcement of that tax; and providing for an effective date." The report was signed by Representatives Harris and Williams, Co- chairs, with the following individual recommendations: Do pass (1): Foster Do not pass (2): Stoltze, Croft No recommendation (5): Hawker, Joule, Moses, Chenault, Williams Amend (2): Meyer, Harris The following fiscal note(s) apply to CSHB 236(FIN): 1. Indeterminate, Dept. of Labor & Workforce Development 3. Fiscal, Dept. of Revenue HB 236 was referred to the Rules Committee for placement on the calendar. HB 273 The Judiciary Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 273 "An Act relating to the right of a parent to waive a child's claim of negligence against a provider of sports or recreational activities." and recommends it be replaced with: 2004-03-29 House Journal Page 3104 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 273(JUD) "An Act relating to the right of a parent to waive an unemancipated child's claim of negligence against a provider of sports or recreational activities." The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (4): Samuels, Holm, Ogg, McGuire No recommendation (1): Gruenberg The following fiscal note(s) apply to CSSSHB 273(JUD): 1. Zero, Dept. of Law SSHB 273 was referred to the Rules Committee for placement on the calendar. HB 333 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 333 "An Act relating to an endowment for public education; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 333(HES) "An Act relating to an endowment for public education and the University of Alaska; relating to university land; and providing for an effective date." The report was signed by Representative Wilson, Chair, with the following individual recommendations: Do pass (6): Gatto, Wolf, Coghill, Seaton, Cissna, Wilson 2004-03-29 House Journal Page 3105 No recommendation (1): Kapsner The following fiscal note(s) apply to CSHB 333(HES): 1. Fiscal, Dept. of Education & Early Development 2. Fiscal, Dept. of Natural Resources 3. Fiscal, Dept. of Revenue 4. Fiscal, University of Alaska HB 333 was referred to the Finance Committee HB 423 The Judiciary Committee has considered: HOUSE BILL NO. 423 "An Act relating to accidents involving the vehicle of a person under the influence of an alcoholic beverage; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 423(JUD) "An Act relating to accidents involving the vehicle of a person under the influence of an alcoholic beverage." The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (6): Holm, Samuels, Gruenberg, Ogg, Anderson, McGuire The following fiscal note(s) apply to CSHB 423(JUD): 1. Zero, Dept. of Law 2. Zero, Dept. of Public Safety HB 423 was referred to the Rules Committee for placement on the calendar. HB 434 The Labor & Commerce Committee has considered: 2004-03-29 House Journal Page 3106 HOUSE BILL NO. 434 "An Act relating to the practice of naturopathic medicine; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 434(L&C) (same title) The report was signed by Representative Anderson, Chair, with the following individual recommendations: Do pass (2): Crawford, Guttenberg No recommendation (2): Lynn, Dahlstrom Amend (3): Gatto, Rokeberg, Anderson The following fiscal note(s) apply to CSHB 434(L&C): 1. Zero, Dept. of Community & Economic Development HB 434 was referred to the Health, Education & Social Services Committee. HB 496 The State Affairs Committee has considered: HOUSE BILL NO. 496 "An Act creating the Youth Vote Ambassador Program and relating to that program; authorizing the members of the program to be appointed to serve on election boards; relating to qualifications for appointment to election boards; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 496(STA) (same title) 2004-03-29 House Journal Page 3107 The report was signed by Representative Weyhrauch, Chair, with the following individual recommendations: Do pass (1): Coghill No recommendation (3): Lynn, Berkowitz, Weyhrauch Amend (2): Seaton, Holm The following fiscal note(s) apply to CSHB 496(STA): 1. Zero, Office of the Governor HB 496 was referred to the Rules Committee for placement on the calendar. HB 500 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 500 "An Act relating to medical review organizations; and providing for an effective date." The report was signed by Representative Wilson, Chair, with the following individual recommendations: Do pass (5): Coghill, Seaton, Cissna, Kapsner, Wilson No recommendation (2): Gatto, Wolf The following fiscal note(s) apply: 1. Zero, Dept. of Community & Economic Development 2. Zero, Dept. of Health & Social Services HB 500 was referred to the Rules Committee for placement on the calendar. HB 533 The Judiciary Committee has considered: 2004-03-29 House Journal Page 3108 HOUSE BILL NO. 533 "An Act relating to the state's administrative procedures and to judicial oversight of administrative matters." and recommends it be replaced with: CS FOR HOUSE BILL NO. 533(JUD) (same title) The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (5): Samuels, Holm, Gruenberg, Ogg, McGuire No recommendation (1): Gara The following fiscal note(s) apply to CSHB 533(JUD): 1. Indeterminate, Alaska Court System 2. Indeterminate, Dept. of Fish & Game 3. Indeterminate, Dept. of Health & Social Services HB 533 was referred to the Finance Committee SB 201 The Health, Education & Social Services Committee has considered: CS FOR SENATE BILL NO. 201(HES) "An Act relating to home care and respite care; and providing for an effective date." The report was signed by Representative Wilson, Chair, with the following individual recommendations: Do pass (6): Wolf, Coghill, Seaton, Cissna, Kapsner, Wilson No recommendation (1): Gatto 2004-03-29 House Journal Page 3109 The following fiscal note(s) apply: 2. Zero, Dept. of Law 3. Zero, Dept. of Public Safety 4. Zero, Dept. of Health & Social Services CSSB 201(HES) was referred to the Rules Committee for placement on the calendar. SB 291 The Finance Committee has considered: SENATE BILL NO. 291 "An Act extending the transition period for activities involving unstamped cigarettes; and providing for an effective date." The report was signed by Representatives Harris and Williams, Co- chairs, with the following individual recommendations: Do pass (5): Meyer, Hawker, Foster, Harris, Williams No recommendation (2): Stoltze, Moses The following fiscal note(s) apply: 1. Zero, Dept. of Revenue SB 291 is on today's calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Brigadier General Robertus C.N. Remkes By Representative Dahlstrom Honoring - Greater Ketchikan Chamber of Commerce's 2003 Citizens of the Year, Bob and Linda Adams By Senator Stedman 2004-03-29 House Journal Page 3110 In Memoriam - Arsenio Villanuava Credo By Representatives Weyhrauch, Kerttula; Senator Elton In Memoriam - Hector P. Therriault By Representatives Coghill, Fate; Senator Therriault INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HCR 35 HOUSE CONCURRENT RESOLUTION NO. 35 by the House Finance Committee: Continuing the Alaska Energy Policy Task Force. was read the first time and referred to the House Special Committee on Economic Development, International Trade, & Tourism and the Finance Committee. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 547 HOUSE BILL NO. 547 by the House State Affairs Committee, entitled: "An Act relating to the dividends of individuals claiming allowable absences; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. HB 548 HOUSE BILL NO. 548 by the House Finance Committee, entitled: "An Act relating to the state's mechanical code, to mechanical contractors and mechanical administrators, to mechanical standards and inspections involved in certain housing loans, and to the adoption of the state's mechanical code; and providing for an effective date." 2004-03-29 House Journal Page 3111 was read the first time and referred to the Labor & Commerce and Finance Committees. HB 549 HOUSE BILL NO. 549 by the House Judiciary Committee, entitled: "An Act relating to unsolicited communications following an aircraft accident; and amending Rule 503, Alaska Rules of Evidence." was read the first time and referred to the Judiciary Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 419 The following was read the second time: HOUSE BILL NO. 419 "An Act relating to regional seafood development associations and to regional seafood development taxes." with the: Journal Page EDT RPT CS(EDT) 2DP 2NR 1AM 2746 FN1: ZERO(CED) 2747 FN2: INDETERMINATE(REV) 2747 RES RPT CS(RES) 5DP 2NR 2932 FN1: ZERO(CED) 2933 FN2: INDETERMINATE(REV) 2933 FIN RPT CS(RES) 9DP 1AM 3045 FN1: ZERO(CED) 3046 FN2: INDETERMINATE(REV) 3046 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 419(RES) (same title) 2004-03-29 House Journal Page 3112 There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that the following members be excused from a call of the House for the Legislative Budget & Audit Committee meeting. There being no objection, Representatives Kohring, Hawker, Kerttula, and Samuels were excused and their presence was noted later. **The presence of Representative Kerttula was noted. Representative Coghill moved and asked unanimous consent that CSHB 419(RES) be considered engrossed, advanced to third reading, and placed on final passage. Objection was heard. CSHB 419(RES) will advance to third reading on the March 31, 2004, calendar. HB 428 The following was read the second time: HOUSE BILL NO. 428 "An Act relating to civil liability for acts related to obtaining alcohol for persons under 21 years of age or for persons under 21 years of age being on licensed premises." with the: Journal Page L&C RPT 5DP 2741 FN1: ZERO(CRT) 2742 FN2: ZERO(DPS) 2742 JUD RPT CS(JUD) 4DP 1AM 3046 FN1: ZERO(CRT) 3046 FN2: ZERO(DPS) 3046 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 2004-03-29 House Journal Page 3113 CS FOR HOUSE BILL NO. 428(JUD) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Meyer: Page 2, line 3: Delete "Department of Law" Insert "board" Representative Meyer moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Gara: Page 2, following line 7: Insert a new bill subsection to read: "(d) The licensee must provide 75 percent of annual net proceeds from collection of fines imposed under this section for alcohol abuse treatment or education. Donation of proceeds to non-profit organizations that work on alcohol abuse education or treatment complies with this subsection. The Alcoholic Beverage Control Board shall issue forms and regulations to implement this section. A governmental subdivision of this state may enforce local rules that differ from this subsection." Reletter the following subsection accordingly. Representative Gara moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Meyer objected. **The presence of Representatives Kohring, Samuels, and Hawker was noted. 2004-03-29 House Journal Page 3114 Representative Gruenberg moved and asked unanimous consent that the question be divided. Representative Gara objected. Representative Gruenberg moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. **The presence of Representative Chenault was noted. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 428(JUD) am Second Reading Amendment No. 2 YEAS: 15 NAYS: 23 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Cissna, Crawford, Dahlstrom, Gara, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn, Weyhrauch, Wolf Nays: Anderson, Chenault, Coghill, Croft, Fate, Foster, Harris, Hawker, Heinze, Holm, Kohring, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams, Wilson Excused: Gatto Absent: Moses And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Berkowitz: Page 1, line 9: Following "person" Insert "," Page 1, line 10: Following "AS 04.16.060" Insert "," 2004-03-29 House Journal Page 3115 Representative Berkowitz moved and asked unanimous consent that Amendment No. 3 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 3 was adopted. Amendment No. 4 was offered by Representatives Gruenberg and Meyer: Page 2, line 1, following "defendant": Insert "at the defendant's last known address 15 days or more before the action is commenced" Page 2, line 2, following "authorized": Delete "to the defendant at the defendant's last known address 15 days or more before the action is commenced" Representative Gruenberg moved and asked unanimous consent that Amendment No. 4 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 4 was adopted. Representative Coghill moved and asked unanimous consent that CSHB 428(JUD) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 428(JUD) am was read the third time. The question being: "Shall CSHB 428(JUD) am pass the House?" The roll was taken with the following result: CSHB 428(JUD) am Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 1 ABSENT: 3 2004-03-29 House Journal Page 3116 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gruenberg, Guttenberg, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams, Wilson, Wolf Excused: Gatto Absent: Harris, Moses, Weyhrauch And so, CSHB 428(JUD) am passed the House and was referred to the Chief Clerk for engrossment. HB 514 The following was read the second time: HOUSE BILL NO. 514 "An Act relating to child support modification and enforcement, to the establishment of paternity by the child support enforcement agency, and to the crimes of criminal nonsupport and aiding the nonpayment of child support; amending Rule 90.3, Alaska Rules of Civil Procedure; and providing for an effective date." with the: Journal Page JUD RPT CS(JUD) 5DP 2810 FN1: INDETERMINATE(ADM) 2810 FN2: INDETERMINATE(CRT) 2810 FN3: INDETERMINATE(LAW) 2810 FIN RPT CS(FIN) 4DP 3NR 2AM 3052 FN2: INDETERMINATE(CRT) 3053 FN3: INDETERMINATE(LAW) 3053 FN4: ZERO(ADM); FN5: ZERO(ADM) 3053 FN6: ZERO(DPS) 3053 FN7: (REV) 3053 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 514(FIN) (same title) 2004-03-29 House Journal Page 3117 There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Croft and Kott: Page 3, lines 21 - 28: Delete all material and insert: "(A) being a person with a statutory duty to disclose information to a child support enforcement agency, withholds the information [ABOUT THE RESIDENCE OR EMPLOYMENT OF THE OBLIGOR] when it [THAT INFORMATION] is requested by a child support enforcement agency; (B) being an employer of the obligor, withholds information about the residence or employment of the obligor, the eligibility of the obligor's children for coverage under the employer's health insurance plan, or [ABOUT] the cost of the coverage of the children under the plan, when that information is requested by a child support enforcement agency or when the employer is required by state or federal law to report the information without a request by a child support enforcement agency; or" Page 3, line 29: Delete "or employment" Insert "[OR] employment, or other" Representative Croft moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representatives Croft and Kott: Page 5, following line 16: Insert a new subsection to read: "(f) The agency may employ investigators who may exercise the power of peace officers when those powers are specifically granted by the agency to that investigator. Peace officer powers granted by the agency under this subsection may be exercised for 2004-03-29 House Journal Page 3118 protection in the line of duty. An investigator granted and who is exercising peace officer powers under this subsection may carry a firearm only if the investigator (1) has completed a peace officer training academy program; and (2) has met annual firearm certification requirements that are equivalent to those required by the Department of Public Safety." Renumber the following subsections accordingly. Representative Croft moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard. Amendment No. 1 to Amendment No. 2 was offered by Representative Gara: Following "(1) has": Insert "successfully" Representative Gara moved and asked unanimous consent that Amendment No. 1 to Amendment No. 2 be adopted. There being no objection, it was so ordered. Amendment No. 2 to Amendment No. 2 as amended was offered by Representative Ogg: Under (f), following "agency under this subsection may": Insert "only" Representative Ogg moved and asked unanimous consent that Amendment No. 2 to Amendment No. 2 as amended be adopted. There being no objection, it was so ordered. Amendment No. 3 to Amendment No. 2 as amended was offered by Representative Hawker: 2004-03-29 House Journal Page 3119 Under (1), following "program": Insert "meeting the minimum standards required by the Alaska Police Standards Council for all other state police officers" Representative Hawker moved and asked unanimous consent that Amendment No. 3 to Amendment No. 2 as amended be adopted. There being no objection, it was so ordered. Representative Hawker placed a call of the House. The call was satisfied. The question being: "Shall Amendment No. 2 as amended be adopted?" The roll was taken with the following result: CSHB 514(FIN) am Second Reading Amendment No. 2 as amended YEAS: 15 NAYS: 24 EXCUSED: 1 ABSENT: 0 Yeas: Anderson, Crawford, Croft, Dahlstrom, Gara, Gruenberg, Guttenberg, Hawker, Heinze, Kott, Lynn, McGuire, Moses, Ogg, Samuels Nays: Berkowitz, Chenault, Cissna, Coghill, Fate, Foster, Harris, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, Meyer, Morgan, Rokeberg, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Gatto And so, Amendment No. 2 as amended was not adopted. Representative Coghill moved and asked unanimous consent that CSHB 514(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. Objection was heard. CSHB 514(FIN) am will advance to third reading on the March 31, 2004, calendar. 2004-03-29 House Journal Page 3120 SECOND READING OF SENATE BILLS SB 291 The following was read the second time: SENATE BILL NO. 291 "An Act extending the transition period for activities involving unstamped cigarettes; and providing for an effective date." with the: Journal Page L&C RPT 5DP 2NR 3056 FN1: ZERO(REV) 3056 FIN RPT 5DP 2NR 3109 FN1: ZERO(REV) 3109 Representative Coghill moved and asked unanimous consent that SB 291 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. SB 291 was read the third time. The question being: "Shall SB 291 pass the House?" The roll was taken with the following result: SB 291 Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Gatto Absent: Anderson And so, SB 291 passed the House. 2004-03-29 House Journal Page 3121 Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Berkowitz gave notice of reconsideration of the vote on SB 291. RECONSIDERATION SB 291 Representative Berkowitz moved and asked unanimous consent that reconsideration of SB 291 be taken up on the same day. There being no objection, it was so ordered. SB 291 was again before the House in third reading. The question to be reconsidered: "Shall SB 291 pass the House?" The roll was taken with the following result: SB 291--RECONSIDERATION Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Gatto Absent: Anderson And so, SB 291 passed the House on reconsideration. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. 2004-03-29 House Journal Page 3122 SB 291 was signed by the Speaker and Chief Clerk and returned to the Senate. UNFINISHED BUSINESS Representative Coghill moved and asked unanimous consent that the following member be excused from a call of the House. There being no objection, the member was excused as noted: Representative Wilson - from 1:00 p.m. to 3:00 p.m., March 31, 2004 HB 441 The Speaker added a House Special Committee on Oil & Gas referral to follow the House Special Committee on Ways & Means referral with further referrals to the Resources and Finance Committees for the following: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 441 "An Act amending the oil and gas properties production (severance) tax as it relates to oil to require payment of a tax of at least five percent of the gross value at the point of production before any price adjustments authorized by this Act, to modify the mechanism for calculating the effective tax rate, to provide for adjustments to the tax when the prevailing value of the oil exceeds $20 per barrel or falls below $16 per barrel and to limit the effect of the adjustments, to exempt certain kinds of oil from application of the adjustments, and to waive and defer payment of portions of the tax on oil when its prevailing value falls below $10 per barrel; and providing for an effective date." HB 441 is in the House Special Committee on Ways & Means. HB 275 Representatives McGuire and Crawford added their names as cosponsors to: HOUSE BILL NO. 275 "An Act relating to veterinarians and animals." 2004-03-29 House Journal Page 3123 HB 319 Representative Foster added his name as cosponsor to: HOUSE BILL NO. 319 "An Act relating to the disposal of state land by lottery; and relating to the disposal, including sale or lease, of remote recreational cabin sites." HB 341 Representative Kookesh added his name as cosponsor to: HOUSE BILL NO. 341 "An Act relating to the dive fishery management assessment." HB 423 Representatives Rokeberg and McGuire added their names as cosponsors to: HOUSE BILL NO. 423 "An Act relating to accidents involving the vehicle of a person under the influence of an alcoholic beverage; and providing for an effective date." HB 428 Representative Lynn added his name as cosponsor to: CS FOR HOUSE BILL NO. 428(JUD) am "An Act relating to civil liability for acts related to obtaining alcohol for persons under 21 years of age or for persons under 21 years of age being on licensed premises." HB 434 Representative Guttenberg added his name as cosponsor to: HOUSE BILL NO. 434 "An Act relating to the practice of naturopathic medicine; and providing for an effective date." 2004-03-29 House Journal Page 3124 HB 514 Representative Dahlstrom added her name as cosponsor to: CS FOR HOUSE BILL NO. 514(FIN) am "An Act relating to child support modification and enforcement, to the establishment of paternity by the child support enforcement agency, and to the crimes of criminal nonsupport and aiding the nonpayment of child support; amending Rule 90.3, Alaska Rules of Civil Procedure; and providing for an effective date." ENGROSSMENT HB 428 CSHB 428(JUD) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meetings today have been changed as indicated: Resources Committee CANCELED: 1:00 p.m., 3/29 Judiciary Committee CHANGED TO: upon adj., 3/29 Finance Committee CHANGED TO: 3:00 p.m., 3/29 ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 31, 2004. There being no objection, the House adjourned at 2:50 p.m. Suzi Lowell Chief Clerk