Legislature(2003 - 2004)
2004-04-01 House Journal
Full Journal pdf2004-04-01 House Journal Page 3155 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- SECOND SESSION Juneau, Alaska Thursday April 1, 2004 Eighty-first Day Pursuant to adjournment the House was called to order by Speaker Kott at 10:22 a.m. Roll call showed 36 members present. Representatives Anderson, Moses, Weyhrauch, and Williams were absent and their presence was noted later. Representative Coghill moved and asked unanimous consent that Representatives Hawker, Kerttula, and Weyhrauch be excused from a call of the House from 11:30 a.m. to 1:00 p.m. today. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Pastor Bill Nelson of United Pentecostal Church of Juneau. Representative Gruenberg moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. With the greatest respect for the religious beliefs of all Alaskans, let us take this time for a moment of prayer. Dear Lord, our God and Creator, We come to You this morning as a group of people who have been chosen to carry a great responsibility as we represent the many and diverse people of Alaska. In this day of changing values, where the guidelines of decency are blurred at every turn, we are faced with a greater task than ever before. We 2004-04-01 House Journal Page 3156 are thankful, O Lord, that You, who can see with perfect clarity from Your vantage point on high, see this with perfect understanding. We ask that You would be here today to help us see with Your clarity and think with Your mind, and would help us carry out our duties by granting us Your wisdom. Dear Lord, keep Your hand on our great state of Alaska, that it would ever remain the best place there is to live. Amen. The Pledge of Allegiance was led by Pastor Nelson. CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 80th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 348 A message dated March 31, 2004, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 348(JUD) "An Act relating to the rights of certain victims of crime to receive information about the office of victims' rights and the Violent Crimes Compensation Board." The Senate adopted the Legislative letter of intent (page 2564). CSHB 348(JUD) was referred to the Chief Clerk for enrollment. HB 398 A message dated March 31, 2004, was read stating the Senate has passed CSHB 398(JUD) am with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 398(JUD) "An Act relating to domestic violence fatality review teams." CSHB 398(JUD) am is under Unfinished Business. 2004-04-01 House Journal Page 3157 **The presence of Representative Anderson was noted. COMMUNICATIONS The following was received: Dept. of Natural Resources Division of Oil & Gas Five-Year Oil and Gas Leasing Program March 2004 (as required by AS 38.05.180) REPORTS OF STANDING COMMITTEES HCR 27 The Resources Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 27 Relating to Take a Young Person Hunting Week. and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 27(RES) (same title) The report was signed by Representatives Masek and Dahlstrom, Co- chairs, with the following individual recommendations: Do pass (5): Lynn, Stepovich, Wolf, Masek, Dahlstrom Amend (3): Gatto, Guttenberg, Kerttula The following fiscal note(s) apply to CSHCR 27(RES): 1. Zero, House Resources Committee 2004-04-01 House Journal Page 3158 HCR 27 was referred to the Rules Committee for placement on the calendar. HJR 36 The Resources Committee has considered: HOUSE JOINT RESOLUTION NO. 36 Requesting the National Park Service to mitigate the adverse economic effects of commercial fishing closures and restrictions in Glacier Bay National Park and Preserve. The report was signed by Representatives Masek and Dahlstrom, Co- chairs, with the following individual recommendations: Do pass (4): Gatto, Stepovich, Guttenberg, Kerttula No recommendation (3): Wolf, Masek, Dahlstrom The following fiscal note(s) apply: 1. Zero, Legislative Agency HJR 36 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Williams was noted. HJR 41 The Resources Committee has considered: HOUSE JOINT RESOLUTION NO. 41 Relating to support for the Federal Land Recreational Visitor Protection Act. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 41(RES) (same title) 2004-04-01 House Journal Page 3159 The report was signed by Representatives Masek and Dahlstrom, Co- chairs, with the following individual recommendations: Do pass (8): Stepovich, Gatto, Lynn, Kerttula, Guttenberg, Wolf, Masek, Dahlstrom The following fiscal note(s) apply to CSHJR 41(RES): 1. Zero, House Resources Committee HJR 41 was referred to the Rules Committee for placement on the calendar. HJR 44 The Resources Committee has considered: HOUSE JOINT RESOLUTION NO. 44 Relating to research into the decline of the Southwest Alaska population of the Northern Sea Otter in the western Gulf of Alaska. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 44(RES) (same title) The report was signed by Representatives Masek and Dahlstrom, Co- chairs, with the following individual recommendations: Do pass (4): Stepovich, Wolf, Kerttula, Lynn No recommendation (4): Gatto, Guttenberg, Masek, Dahlstrom The following fiscal note(s) apply to CSHJR 44(RES): 1. Zero, House Resources Committee HJR 44 was referred to the Rules Committee for placement on the calendar. 2004-04-01 House Journal Page 3160 HB 275 The Labor & Commerce Committee has considered: HOUSE BILL NO. 275 "An Act relating to veterinarians and animals." and recommends it be replaced with: CS FOR HOUSE BILL NO. 275(L&C) "An Act relating to animals; and to the care of and to cruelty to animals." The report was signed by Representative Anderson, Chair, with the following individual recommendations: Do pass (3): Crawford, Lynn, Anderson No recommendation (2): Rokeberg, Dahlstrom Amend (1): Guttenberg The following fiscal note(s) apply to CSHB 275(L&C): 1. Zero, Dept. of Law 2. Fiscal, Dept. of Environmental Conservation HB 275 was referred to the Rules Committee for placement on the calendar. HB 311 The Labor & Commerce Committee has considered: HOUSE BILL NO. 311 "An Act requiring a subcontractor to obtain workers' compensation insurance covering the subcontractor and the subcontractor's employees and establishing responsibility of a contractor for obtaining workers' compensation coverage for the subcontractor and the subcontractor's employees if the subcontractor fails to obtain workers' compensation coverage; and providing for an effective date." 2004-04-01 House Journal Page 3161 The report was signed by Representative Anderson, Chair, with the following individual recommendations: Do pass (6): Crawford, Lynn, Rokeberg, Dahlstrom, Guttenberg, Anderson No recommendation (1): Gatto The following fiscal note(s) apply: 1. Zero, Dept. of Labor & Workforce Development HB 311 was referred to the Rules Committee for placement on the calendar. HB 338 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 338 "An Act relating to attendance at public school; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 338(HES) (same title) The report was signed by Representative Wilson, Chair, with the following individual recommendations: Do pass (1): Wilson No recommendation (4): Cissna, Seaton, Coghill, Wolf The following fiscal note(s) apply to CSHB 338(HES): 1. Indeterminate, Dept. of Education & Early Development HB 338 was referred to the Finance Committee. 2004-04-01 House Journal Page 3162 **The presence of Representative Moses was noted. HB 339 The Judiciary Committee has considered: HOUSE BILL NO. 339 "An Act relating to negative option plans for sales, to charges for goods or services after a trial period, and to acts that are unlawful as unfair trade practices." and recommends it be replaced with: CS FOR HOUSE BILL NO. 339(JUD) "An Act relating to opt-out marketing plans for sales, to free trial periods for goods or services, and to acts that are unlawful as unfair trade practices." The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (5): Holm, Gara, Gruenberg, Ogg, McGuire The following fiscal note(s) apply to CSHB 339(JUD): 1. Zero, Dept. of Law 2. Zero, Dept. of Community & Economic Development HB 339 was referred to the Rules Committee for placement on the calendar. HB 375 The Finance Committee has considered: HOUSE BILL NO. 375 "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska; and providing for an effective date." 2004-04-01 House Journal Page 3163 and recommends it be replaced with: CS FOR HOUSE BILL NO. 375(FIN) "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." The report was signed by Representatives Harris and Williams, Co- chairs, with the following individual recommendations: Do pass (8): Hawker, Meyer, Stoltze, Chenault, Fate, Foster, Harris, Williams No recommendation (3): Moses, Croft, Joule HB 375 was referred to the Rules Committee for placement on the calendar. HB 464 The Finance Committee has considered: HOUSE BILL NO. 464 "An Act extending the termination date of the Board of Certified Real Estate Appraisers." The report was signed by Representatives Harris and Williams, Co- chairs, with the following individual recommendations: Do pass (10): Meyer, Hawker, Stoltze, Joule, Croft, Chenault, Fate, Foster, Harris, Williams The following fiscal note(s) apply: 1. Fiscal, Dept. of Community & Economic Development HB 464 was referred to the Rules Committee for placement on the calendar. 2004-04-01 House Journal Page 3164 HB 511 The Finance Committee has considered: HOUSE BILL NO. 511 "An Act relating to the certificate of need program for health care facilities; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 511(HES) (same title) The report was signed by Representatives Harris and Williams, Co- chairs, with the following individual recommendations: Do pass (4): Meyer, Hawker, Harris, Williams No recommendation (2): Fate, Foster Amend (2): Stoltze, Chenault The following fiscal note(s) apply to CSHB 511(HES): 1. Zero, Dept. of Health & Social Services 2. Zero, Dept. of Health & Social Services HB 511 was referred to the Rules Committee for placement on the calendar. SB 30 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 30(JUD) am "An Act relating to information and services available to pregnant women and other persons; and ensuring informed consent before an abortion may be performed, except in cases of medical emergency." and recommends it be replaced with: 2004-04-01 House Journal Page 3165 HOUSE CS FOR CS FOR SENATE BILL NO. 30(JUD) "An Act relating to information and services available to pregnant women and other persons; ensuring informed consent before an abortion may be performed; and providing exceptions to informed consent in certain cases." (HCR 36 - title change authorization) The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (2): Anderson, McGuire No recommendation (5): Samuels, Holm, Gara, Gruenberg, Ogg The following fiscal note(s) apply to HCS CSSB 30(JUD): 3. Fiscal, Dept. of Health & Social Services 4. Fiscal, Dept. of Health & Social Services CSSB 30(JUD) am was referred to the Finance Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 56 The following was read the second time: HOUSE BILL NO. 56 "An Act relating to the attorney fees and costs awarded in certain court actions relating to unfair trade practices; and, if considered court rule changes, amending Rules 54(d), 79, and 82, Alaska Rules of Civil Procedure." with the: Journal Page L&C RPT CS(L&C) NT 4DP 2NR 1148 FN1: INDETERMINATE(LAW) 1149 JUD REFERRAL WAIVED 1616 2004-04-01 House Journal Page 3166 FIN RPT CS(L&C) NT 7DP 3NR 2680 FN1: INDETERMINATE(LAW) 2681 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. 56(L&C) "An Act relating to the award to the state of actual reasonable attorney fees and costs, including costs of investigation, in certain court actions relating to unfair trade practices; and amending Rules 54(d), 79, and 82, Alaska Rules of Civil Procedure." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Rokeberg: Page 1, lines 1 - 2 (title amendment): Delete "and costs, including costs of investigation," Page 1, line 3 (title amendment): Delete "Rules 54(d), 79, and 82" Insert "Rule 82" Page 1, line 8: Delete "and costs, including costs of investigation," Page 1, lines 8 - 9: Delete "and costs" Page 1, line 12: Delete "(a)" Page 2, lines 2 - 4: Delete all material. Representative Rokeberg moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Gara objected. 2004-04-01 House Journal Page 3167 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 56(L&C) Second Reading Amendment No. 1 YEAS: 3 NAYS: 35 EXCUSED: 0 ABSENT: 2 Yeas: Foster, Kohring, Rokeberg Nays: Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Samuels, Seaton, Stepovich, Stoltze, Williams, Wilson, Wolf Absent: Chenault, Weyhrauch And so, Amendment No. 1 was not adopted. Amendment No. 2 was not offered. Amendment No. 3 was offered by Representative Rokeberg: Page 1, line 1 (title amendment): Delete "reasonable" Representative Rokeberg moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Gruenberg objected. **The presence of Representative Weyhrauch was noted. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 56(L&C) Second Reading Amendment No. 3 YEAS: 6 NAYS: 34 EXCUSED: 0 ABSENT: 0 2004-04-01 House Journal Page 3168 Yeas: Chenault, Foster, Kohring, Masek, Moses, Rokeberg Nays: Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn, McGuire, Meyer, Morgan, Ogg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf And so, Amendment No. 3 was not adopted. Amendment No. 4 was not offered. Representative Coghill moved and asked unanimous consent that CSHB 56(L&C) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 56(L&C) was read the third time. The question being: "Shall CSHB 56(L&C) pass the House?" The roll was taken with the following result: CSHB 56(L&C) Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf And so, CSHB 56(L&C) 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 court rule changes. There being no objection, it was so ordered. 2004-04-01 House Journal Page 3169 CSHB 56(L&C) was referred to the Chief Clerk for engrossment. Representative Coghill moved and asked unanimous consent that Representative Weyhrauch be excused from a call of the House from 11:45 a.m. to 1:15 p.m. today (amended from page 3155). There being no objection, it was so ordered. The House reverted to Introduction of Guests. Representative Coghill moved and asked unanimous consent that the House recess for a caucus; and so, the House recessed at 11:11 a.m. AFTER RECESS The Speaker called the House back to order at 12:37 p.m. **The presence of Representative Hawker, who had been previously excused (page 3155), was noted. MESSAGES FROM THE SENATE A message dated March 31, 2004, was read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 274 SENATE BILL NO. 274 by the Senate Rules Committee by request of the Governor, entitled: "An Act relating to the housing assistance loan fund in the Alaska Housing Finance Corporation; creating the housing assistance loan program; repealing loans for teacher housing and providing for loans for multi-family housing; making conforming amendments; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. 2004-04-01 House Journal Page 3170 SB 279 CS FOR SENATE BILL NO. 279(FIN) by the Senate Finance Committee, entitled: "An Act authorizing and relating to the issuance of bonds by the Alaska Housing Finance Corporation for safe and clean water and hygienic sewage disposal facility capital projects and other capital projects; providing for the repayment of the bonds and bond costs; relating to the dividend paid to the state by the Alaska Housing Finance Corporation; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs and Finance Committees. SB 286 CS FOR SENATE BILL NO. 286(FIN) by the Senate Finance Committee, entitled: "An Act relating to direct marketing fisheries businesses, to the fisheries business tax, and to liability for payment of taxes and assessments on the sale or transfer of fishery resources; and providing for an effective date." was read the first time and referred to the Finance Committee. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 550 HOUSE BILL NO. 550 by the House Labor & Commerce Committee, entitled: "An Act setting a timeline for decisions of the Regulatory Commission of Alaska; relating to competitive telecommunications markets; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Judiciary Committees. 2004-04-01 House Journal Page 3171 **The presence of Representative Kerttula, who had been previously excused (page 3155), was noted. Representative Coghill moved and asked unanimous consent that Representative Rokeberg be excused from a call of the House until 1:30 p.m. today. There being no objection, it was so ordered. SECOND READING OF HOUSE BILLS (continued) HB 378 The following was read the second time: HOUSE BILL NO. 378 "An Act relating to the Alaska Food, Drug, and Cosmetic Act, including sales, advertising, certain devices, food donors, and food banks; making certain violations of organic food provisions and of the Alaska Food, Drug, and Cosmetic Act unfair methods of competition and unfair or deceptive acts or practices under certain of the state's unfair trade practices and consumer protection laws; and providing for an effective date." with the: Journal Page HES RPT 2DP 1DNP 2NR 2537 FN1: ZERO(LAW) 2538 FN2: (DEC) 2538 JUD RPT 1DP 3NR 1AM 2710 FN1: ZERO(LAW) 2710 FN2: (DEC) 2710 FIN RPT 4DP 6NR 2805 FN1: ZERO(LAW) 2805 FN2: (DEC) 2805 Representative Gruenberg moved and asked unanimous consent to change his recommendation from "Amend" to "Do Pass" on the Judiciary Committee report (page 2710) for HB 378. There being no objection, it was so ordered. 2004-04-01 House Journal Page 3172 Amendment No. 1 was offered by Representative Gara: Page 5, following line 23: Insert a new bill section to read: "* Sec. 11. AS 17.20 is amended by adding a new section to read: Sec. 17.20.355. Certification costs. A person who has an employee who is subject in the course of the employment to the certification requirements adopted by the commissioner under AS 17.20.005(1)(D) shall pay the costs that are necessary for the employee to meet the certification requirements. The employer may not require the employee to reimburse the employer for these payments." Renumber the following bill sections accordingly. Representative Gara moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Stepovich objected. Representative Berkowitz moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objection was heard, and Representative Berkowitz was required to vote. Amendment to Amendment No. 1 was offered by Representative Wilson: Following "The employer": Delete "may" Insert "shall" Representative Wilson moved and asked unanimous consent that Amendment to Amendment No. 1 be adopted. There being no objection, it was so ordered. Representatives Stepovich, Williams, and Gara 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. 2004-04-01 House Journal Page 3173 The question being: "Shall Amendment No. 1 as amended be adopted?" The roll was taken with the following result: HB 378 Second Reading Amendment No. 1 as amended YEAS: 14 NAYS: 22 EXCUSED: 2 ABSENT: 2 Yeas: Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn, Wolf Nays: Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris, Hawker, Holm, Kohring, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Samuels, Seaton, Stepovich, Stoltze, Williams, Wilson Excused: Rokeberg, Weyhrauch Absent: Anderson, Heinze And so, Amendment No. 1 as amended was not adopted. Representative Coghill moved and asked unanimous consent that HB 378 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 378 was read the third time. **The presence of Representative Weyhrauch, who had been previously excused (page 3169), was noted. The question being: "Shall HB 378 pass the House?" The roll was taken with the following result: HB 378 Third Reading Final Passage YEAS: 21 NAYS: 13 EXCUSED: 1 ABSENT: 5 Yeas: Anderson, Chenault, Fate, Foster, Gruenberg, Harris, Hawker, Heinze, Holm, Joule, Kerttula, Kookesh, Kott, McGuire, Meyer, Morgan, Ogg, Seaton, Weyhrauch, Williams, Wilson 2004-04-01 House Journal Page 3174 Nays: Berkowitz, Coghill, Crawford, Croft, Gatto, Guttenberg, Kapsner, Kohring, Lynn, Masek, Samuels, Stepovich, Stoltze Excused: Rokeberg Absent: Cissna, Dahlstrom, Gara, Moses, Wolf And so, HB 378 passed the House. Representative Coghill moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: HB 378 Third Reading Effective Date YEAS: 34 NAYS: 0 EXCUSED: 1 ABSENT: 5 Yeas: Anderson, Berkowitz, Chenault, Coghill, Crawford, Croft, Fate, Foster, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson Excused: Rokeberg Absent: Cissna, Dahlstrom, Gara, Moses, Wolf And so, the effective date clause was adopted. Representative Guttenberg gave notice of reconsideration of the vote on HB 378. HB 385 The following was read the second time: HOUSE BILL NO. 385 "An Act relating to awarding child custody; and providing for an effective date." 2004-04-01 House Journal Page 3175 with the: Journal Page JUD RPT CS(JUD) 6DP 2805 FN1: ZERO(CRT) 2806 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. 385(JUD) (same title) There being no objection, it was so ordered. **The presence of Representative Rokeberg, who had been previously excused (page 3171), was noted. Representative Coghill moved and asked unanimous consent that CSHB 385(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 385(JUD) was read the third time. The question being: "Shall CSHB 385(JUD) pass the House?" The roll was taken with the following result: CSHB 385(JUD) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 0 ABSENT: 4 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson Absent: Anderson, Masek, Moses, Wolf And so, CSHB 385(JUD) passed the House. 2004-04-01 House Journal Page 3176 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 385(JUD) was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS HB 424 The following, which was advanced to third reading from the March 31, 2004, calendar (page 3140), was read the third time: CS FOR HOUSE BILL NO. 424(JUD) "An Act relating to review by the Legislative Affairs Agency of certain state agency regulations proposed for adoption, amendment, or repeal under the Administrative Procedure Act; repealing provisions relating to annulment of regulations; and providing for an effective date." Representative Hawker moved and asked unanimous consent to change his recommendation from "Do Not Pass" to "Do Pass" on the Finance Committee report (page 3077) for CSHB 424(JUD). There being no objection, it was so ordered. The question being: "Shall CSHB 424(JUD) pass the House?" The roll was taken with the following result: CSHB 424(JUD) Third Reading Final Passage YEAS: 29 NAYS: 6 EXCUSED: 0 ABSENT: 5 Yeas: Chenault, Coghill, Crawford, Dahlstrom, Fate, Foster, Gatto, Gruenberg, Hawker, Heinze, Holm, Joule, Kapsner, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson Nays: Berkowitz, Cissna, Gara, Guttenberg, Kerttula, Kookesh Absent: Anderson, Croft, Harris, Moses, Wolf And so, CSHB 424(JUD) passed the House. 2004-04-01 House Journal Page 3177 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 424(JUD) was referred to the Chief Clerk for engrossment. HB 503 The following, which was advanced to third reading from the March 31, 2004, calendar (page 3141), was read the third time: HOUSE BILL NO. 503 "An Act relating to the tobacco product Master Settlement Agreement; and providing for an effective date." The question being: "Shall HB 503 pass the House?" The roll was taken with the following result: HB 503 Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 0 ABSENT: 4 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson Absent: Anderson, McGuire, Moses, Wolf And so, HB 503 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. HB 503 was referred to the Chief Clerk for engrossment. 2004-04-01 House Journal Page 3178 THIRD READING OF SENATE BILLS SB 241 The following, which was advanced to third reading from the March 31, 2004, calendar (page 3146), was read the third time: CS FOR SENATE BILL NO. 241(FIN) "An Act making an appropriation to the Department of Revenue for work related to bringing North Slope natural gas to market; and providing for an effective date." Representative Harris moved and asked unanimous consent that CSSB 241(FIN) be returned to second reading for the specific purpose of considering Amendment No. 2. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Harris: Page 1, line 4: Delete "$1,000,000" Insert "$1,650,000" Representative Harris moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSB 241(FIN) Second Reading Amendment No. 2 YEAS: 34 NAYS: 1 EXCUSED: 0 ABSENT: 5 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn, Masek, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson 2004-04-01 House Journal Page 3179 Nays: Kohring Absent: Anderson, Gruenberg, McGuire, Moses, Wolf Weyhrauch changed from "Nay" to "Yea". And so, Amendment No. 2 was adopted. The question being: "Shall CSSB 241(FIN) am H pass the House?" The roll was taken with the following result: CSSB 241(FIN) am H Third Reading Final Passage YEAS: 36 NAYS: 1 EXCUSED: 0 ABSENT: 3 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson Nays: Kohring Absent: Anderson, Moses, Wolf And so, CSSB 241(FIN) 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. CSSB 241(FIN) am H was referred to the Chief Clerk for engrossment. 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: 2004-04-01 House Journal Page 3180 Honoring - Lena John Atti By Representatives Kapsner, Kott, Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kerttula, Kohring, Kookesh, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson, Wolf; Senator Hoffman In Memoriam - Percy Horace Amos, Sr. By Senator Davis; Representatives Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson, Wolf UNFINISHED BUSINESS Representative Coghill moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Joule - from noon, April 2 to 7:00 p.m., plane time, April 4, 2004 Representative Williams - from 2:00 p.m., April 2 to 10:00 p.m., plane time, April 4, 2004 Representative Heinze - from 7:00 p.m., April 2 to 10:00 p.m., plane time, April 4, 2004 Representative Holm - from 7:00 p.m., April 2 to 10:00 a.m., plane time, April 5, 2004 SB 277 The Speaker waived the House Special Committee on Education referral for the following at the request of Representative Gatto, Chair: 2004-04-01 House Journal Page 3181 CS FOR SENATE BILL NO. 277(FIN) "An Act relating to the Alaska Commission on Postsecondary Education; relating to the Alaska Student Loan Corporation; relating to bonds of the corporation; relating to loan and grant programs of the commission; relating to an exemption from the State Procurement Code regarding certain contracts of the commission or corporation; making conforming changes; and providing for an effective date." CSSB 277(FIN) was removed from the House Special Committee on Education and referred to the Health, Education & Social Services Committee. The Speaker waived the Health, Education & Social Services Committee referral for CSSB 277(FIN) at the request of Representative Wilson, Chair. CSSB 277(FIN) was removed from the Health, Education & Social Services Committee and referred to the Finance Committee. HR 9 The following, which was read the first time (page 3137): HOUSE RESOLUTION NO. 9 Establishing the House Special Committee on Natural Gas Pipelines as a special and an interim committee of the House of Representatives of the Twenty-Third Alaska State Legislature. was referred to the Rules Committee. HB 275 The Speaker added a Judiciary Committee referral and a Finance Committee referral for the following: HOUSE BILL NO. 275 "An Act relating to veterinarians and animals." HB 275 was removed from the Rules Committee and referred to the Judiciary Committee. 2004-04-01 House Journal Page 3182 HB 309 The Speaker added a Judiciary Committee referral for the following: HOUSE BILL NO. 309 "An Act prohibiting the release of nonindigenous predatory fish into public water." HB 309 is in the Resources Committee. SB 241 Representative Harris moved and asked unanimous consent that the House adopt the following letter of intent: "It is the intent of the Legislature that at least $650,000 of the appropriation in SB 241 be allocated directly to the Alaska Natural Gas Development Authority." for: CS FOR SENATE BILL NO. 241(FIN) am H "An Act making an appropriation to the Department of Revenue for work related to bringing North Slope natural gas to market; and providing for an effective date." There being no objection, the House letter of intent was adopted. Representative Heinze declared a conflict of interest. CSSB 241(FIN) am H passed the House (page 3179). HCR 32 Representative Chenault added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 32 Relating to information infrastructure and establishing the Alaska Information Infrastructure Policy Task Force. 2004-04-01 House Journal Page 3183 HB 56 Representative Gruenberg added his name as cosponsor to: CS FOR HOUSE BILL NO. 56(L&C) "An Act relating to the award to the state of actual reasonable attorney fees and costs, including costs of investigation, in certain court actions relating to unfair trade practices; and amending Rules 54(d), 79, and 82, Alaska Rules of Civil Procedure." HB 275 Representative Meyer added his name as cosponsor to: HOUSE BILL NO. 275 "An Act relating to veterinarians and animals." HB 385 Representatives Kerttula, Dahlstrom, and Lynn added their names as cosponsors to: CS FOR HOUSE BILL NO. 385(JUD) "An Act relating to awarding child custody; and providing for an effective date." HB 398 Representative Anderson added his name as cosponsor to: SENATE CS FOR CS FOR HOUSE BILL NO. 398(JUD) "An Act relating to domestic violence fatality review teams." HB 424 Representative Lynn added his name as cosponsor to: CS FOR HOUSE BILL NO. 424(JUD) "An Act relating to review by the Legislative Affairs Agency of certain state agency regulations proposed for adoption, amendment, or repeal under the Administrative Procedure Act; repealing provisions relating to annulment of regulations; and providing for an effective date." 2004-04-01 House Journal Page 3184 HB 459 Representatives Hawker, Kott, and Lynn added their names as cosponsors to: HOUSE BILL NO. 459 "An Act requiring an auditable paper trail for electronic voting machines; and providing for an effective date." ENGROSSMENT HB 56 CSHB 56(L&C) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 385 CSHB 385(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 424 CSHB 424(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 503 HB 503 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 241 CSSB 241(FIN) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted with a House letter of intent to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meetings today have been changed as indicated: Health, Education & Social Services Committee CHANGED TO: 3:10 p.m., 4/1 2004-04-01 House Journal Page 3185 Finance Committee CHANGED TO: 3:15 p.m., 4/1 Transportation Committee CHANGED TO: 1:00 p.m., 4/2 ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 10:45 a.m., April 2, 2004, for a joint session. There being no objection, the House adjourned at 3:02 p.m. Suzi Lowell Chief Clerk