Legislature(2003 - 2004)
2004-04-05 House Journal
Full Journal pdf2004-04-05 House Journal Page 3193 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday April 5, 2004 Eighty-fifth Day Pursuant to adjournment the House was called to order by Speaker Kott at 11:19 a.m. Roll call showed 36 members present. Representative Fate had been previously excused from a call of the House today. Representative Seaton was absent and his presence was noted later. Representatives Anderson and McGuire were absent. The invocation was offered by the Chaplain, Pastor David Swofford of First Church of God. Representative Meyer moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Thank You, Lord, for giving us another day to live. I ask that You lead these men and women in the choices that they will make for each man, woman, and child. Protect all those that fish in our seas, work in the timber industries, and deep within the earth. Father, I ask that You would protect the needs of the family within Alaska. Please help all those within the state's department of family services. Give them wisdom to protect those children that are in risk as well as to give help to families that are in need. Lord, there is nothing too hard for You. I ask that You help this assembly in the decisions that they make. Thank You for giving us another day. In Jesus' name. Amen. 2004-04-05 House Journal Page 3194 The Pledge of Allegiance was led by Representative Harris. CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 81st, 82nd, 83rd, and 84th legislative days and House and Senate Joint Journal Supplement No. 17 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR A letter dated April 1, 2004, was read stating that, in accordance with Alaska Statute 39.05.080, the Governor submits the following names for legislative confirmation of appointments to the boards and commissions set out below: The Speaker referred the following to the Health, Education & Social Services Committee: Board of Education and Early Development Ms. Sylvia J. Reynolds - Soldotna Reappointed: 03/24/2004 Term Expires: 03/01/2009 Ms. Carol (Bunny) J. Schaeffer - Kotzebue Appointed: 03/24/2004 Term Expires: 03/01/2009 Alaska Mental Health Trust Authority Board of Trustees Dr. William H. Doolittle - Fairbanks Appointed: 03/24/2004 Term Expires: 03/01/2009 Mr. Tom J. Hawkins - Anchorage Reappointed: 03/24/2004 Term Expires: 03/01/2009 2004-04-05 House Journal Page 3195 The Speaker referred the following to the Labor & Commerce Committee: State Board of Registration for Architects, Engineers, and Land Surveyors Mr. Clifford E. Baker - Kenai Appointed: 03/24/2004 Term Expires: 03/01/2008 Mr. Boyd J. Brownfield - Anchorage Appointed: 03/24/2004 Term Expires: 03/01/2008 Mr. Richard A. Hughes - Fairbanks Appointed: 03/24/2004 Term Expires: 03/01/2008 Mr. Kenneth D. Maynard - Anchorage Appointed: 03/24/2004 Term Expires: 03/01/2008 Alaska Labor Relations Agency Mr. Gary P. Bader - Anchorage Appointed: 03/24/2004 Term Expires: 03/01/2007 Mr. Dennis S. Niedermeyer - Eagle River Appointed: 03/24/2004 Term Expires: 03/01/2006 Mr. James S. Spalding - Anchorage Appointed: 03/24/2004 Term Expires: 03/01/2007 The Speaker referred the following to the Resources Committee: Board of Fisheries Mr. Robert Heyano - Dillingham Appointed: 07/01/2004 (by law, terms begin July 1) Term Expires: 06/30/2007 2004-04-05 House Journal Page 3196 Mr. Art N. Nelson - Anchorage Reappointed: 03/25/2004 Term Expires: 06/30/2007 The Speaker referred the following to the State Affairs Committee: Alaska Public Offices Commission (APOC) Mr. Roger E. Holl - Anchorage Appointed: 03/24/2004 Term Expires: 03/01/2009 Resumes for the appointments are on file in the Chief Clerk's office. HJR 32 A message dated April 1, 2004, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE JOINT RESOLUTION NO. 32(FSH) am S Relating to the labeling of fish and fishery food products. Legislative Resolve No. 38 SJR 26 A message dated April 1, 2004, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: CS FOR SENATE JOINT RESOLUTION NO. 26(RES) Requesting the United States Department of the Interior and the United States Department of Justice to appeal the decision of the United States Court of Appeals for the Ninth Circuit in The Wilderness Society v. United States Fish and Wildlife Service and to seek an emergency stay of the decision pending an appeal of the decision. Legislative Resolve No. 37 2004-04-05 House Journal Page 3197 SB 291 A message dated April 1, 2004, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 291 "An Act extending the transition period for activities involving unstamped cigarettes; and providing for an effective date." Chapter No. 11, SLA 2004 Effective Date: April 2, 2004 MESSAGES FROM THE SENATE HB 282 A message dated April 1, 2004, was read stating the Senate has passed: HOUSE BILL NO. 282 "An Act relating to contracts between the University of Alaska and its employees involving research or other development of intellectual property and to the authority of the president of the University of Alaska regarding employee contracts for development of intellectual property." HB 282 was referred to the Chief Clerk for enrollment. HB 394 A message dated April 1, 2004, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 394(HES) "An Act extending the termination date of the Alaska Commission on Aging and making technical revisions to citations related to the commission." CSHB 394(HES) was referred to the Chief Clerk for enrollment. 2004-04-05 House Journal Page 3198 HB 397 A message dated April 1, 2004, was read stating the Senate has passed CSHB 397(JUD) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 397(JUD) "An Act relating to defense contacts with and recordings of statements of victims and witnesses of sexual offenses." CSHB 397(JUD) is under Unfinished Business. SB 283 A message dated April 1, 2004, was read stating the Senate has failed to concur in the House amendment to CSSB 283(FIN), namely: CS FOR SENATE BILL NO. 283(FIN) am H "An Act making an appropriation to reverse the deposit of money available for appropriation in the general fund at the end of fiscal year 2003 into the constitutional budget reserve fund; making an appropriation for investment management fees for the constitutional budget reserve fund for fiscal year 2004; making an appropriation for investment management fees for the constitutional budget reserve fund for fiscal year 2005; making appropriations to the Department of Education and Early Development for K-12 educational programs; making appropriations to the University of Alaska and the Alaska Court System; making an appropriation to reverse the deposit of money available for appropriation in the general fund at the end of fiscal year 2004 into the constitutional budget reserve fund; making an appropriation of the amount necessary to balance revenue and general fund appropriations for fiscal years 2004 and 2005; making appropriations for power cost equalization and for grants to municipalities, unincorporated communities, and designated recipients; 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." (HCR 34 - title change resolution) and respectfully requests the House to recede from its amendment. 2004-04-05 House Journal Page 3199 The message was received at 1:20 p.m., April 1, 2004. CSSB 283(FIN) am H is under Unfinished Business. Messages dated April 1 and 2, 2004, were read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 23 SENATE CONCURRENT RESOLUTION NO. 23 by the Senate Rules Committee: Authorizing a recess by the Senate and the House of Representatives for a period of more than three days, those days being April 9, 10, 11, and 12 of 2004. was read the first time and taken up later as a Special Order of Business. FIRST READING AND REFERENCE OF SENATE BILLS SB 276 CS FOR SENATE BILL NO. 276(FIN) by the Senate Finance Committee, entitled: "An Act relating to the Alaska Insurance Guaranty Association; relating to the powers of the Alaska Industrial Development and Export Authority concerning the association; and providing for an effective date." was read the first time and referred to the Labor & Commerce, Judiciary, and Finance Committees. SB 301 CS FOR SENATE BILL NO. 301(FIN) by the Senate Finance Committee, entitled: 2004-04-05 House Journal Page 3200 "An Act relating to the Alaska Pioneers' Home and the Alaska Veterans' Home; relating to eligibility for admission to the Alaska Pioneers' Home and Alaska Veterans' Home; relating to the eligibility of residents for the Alaska Pioneers' Home and the Alaska Veterans' Home for general relief assistance; relating to state veterans' home facilities; making conforming amendments; and providing for an effective date." was read the first time and referred to the House Special Committee on Military & Veterans' Affairs and the Health, Education & Social Services and Finance Committees. A Senate letter of intent was attached (Senate Journal page 2364). **The presence of Representative Seaton was noted. REPORTS OF STANDING COMMITTEES HB 425 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 425 "An Act relating to funding for school districts operating secondary school boarding programs, to funding for school districts from which boarding students come, and to inoperative school districts; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 425(EDU) "An Act relating to funding for school districts operating secondary school boarding programs and to funding for school districts from which boarding students come; 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, Kapsner, Wilson 2004-04-05 House Journal Page 3201 No recommendation (1): Cissna The following fiscal note(s) apply to CSHB 425(EDU): 1. Fiscal, Dept. of Education & Early Development HB 425 was referred to the Finance Committee. HB 452 The Judiciary Committee has considered: HOUSE BILL NO. 452 "An Act relating to licensing and regulation of sport fishing services operators and fishing guides; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 452(JUD) "An Act relating to licensing and regulation of sport fishing operators and sport fishing guides; authorizing the Department of Fish and Game and the Alaska Commercial Fisheries Entry Commission to release records and reports to the Department of Natural Resources and the Department of Public Safety; and providing for an effective date." The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (1): Gruenberg No recommendation (5): Holm, Gara, Anderson, Ogg, McGuire The following fiscal note(s) apply to CSHB 452(JUD): 2. Fiscal, Dept. of Fish & Game 3. Zero, Dept. of Public Safety HB 452 was referred to the Finance Committee. 2004-04-05 House Journal Page 3202 HB 459 The State Affairs Committee has considered: HOUSE BILL NO. 459 "An Act requiring an auditable paper trail for electronic voting machines; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 459(STA) "An Act relating to optically scanned and electronically generated ballots; and providing for an effective date." The report was signed by Representative Weyhrauch, Chair, with the following individual recommendations: Do pass (5): Seaton, Gruenberg, Holm, Lynn, Weyhrauch No recommendation (1): Coghill The following fiscal note(s) apply to CSHB 459(STA): 1. Fiscal, Office of the Governor HB 459 was referred to the Rules Committee for placement on the calendar. HB 467 The Labor & Commerce Committee has considered: HOUSE BILL NO. 467 "An Act establishing an Alaska Commemorative Coin Commission to develop the design concepts and to make recommendations regarding the final design of the Alaska quarter under the 50 States Commemorative Coin Program Act; and providing for an effective date." and recommends it be replaced with: 2004-04-05 House Journal Page 3203 CS FOR HOUSE BILL NO. 467(STA) (same title) The report was signed by Representative Anderson, Chair, with the following individual recommendations: Do pass (3): Crawford, Lynn, Anderson Amend (3): Rokeberg, Dahlstrom, Guttenberg The following fiscal note(s) apply to CSHB 467(STA): 1. Fiscal, Office of the Governor HB 467 was referred to the Finance Committee. HB 474 The Judiciary Committee has considered: HOUSE BILL NO. 474 "An Act relating to civil liability associated with aircraft runways, airfields, and landing areas." and recommends it be replaced with: CS FOR HOUSE BILL NO. 474(JUD) (same title) The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (4): Samuels, Holm, Ogg, McGuire Do not pass (1): Gara No recommendation (1): Gruenberg The following fiscal note(s) apply to CSHB 474(JUD): 1. Zero, Dept. of Transportation & Public Facilities 2004-04-05 House Journal Page 3204 HB 474 was referred to the Rules Committee for placement on the calendar. HB 484 The Judiciary Committee has considered: HOUSE BILL NO. 484 "An Act imposing a correctional facility surcharge on persons convicted of a crime under state law, and on persons whose probation is revoked; relating to fees and expenses for interstate transfer of probation or parole; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 484(JUD) (same title) The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (4): Samuels, Gruenberg, Ogg, McGuire No recommendation (1): Gara The following fiscal note(s) apply to CSHB 484(JUD): 1. Fiscal, Dept. of Law HB 484 was referred to the Finance Committee. HB 502 The Labor & Commerce Committee has considered: HOUSE BILL NO. 502 "An Act relating to dispensing opticians and dispensing optician apprentices." 2004-04-05 House Journal Page 3205 The report was signed by Representative Anderson, Chair, with the following individual recommendations: Do pass (2): Gatto, Guttenberg No recommendation (4): Crawford, Lynn, Dahlstrom, Anderson The following fiscal note(s) apply: 1. Zero, Dept. of Community & Economic Development HB 502 was referred to the Health, Education & Social Services Committee. REPORTS OF SPECIAL COMMITTEES HB 364 The House Special Committee on Oil & Gas has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 364 "An Act establishing a moratorium on the issuance of state shallow natural gas leases in the vicinity of Kachemak Bay, and precluding the commissioner of natural resources from reissuing or otherwise extending leases within the moratorium area if the leases fail to produce gas in paying quantities within the terms of the lease or if there is a breach of a term or condition of the lease; and providing for an effective date." and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 364(O&G) "An Act prohibiting the issuance of state shallow natural gas leases in the vicinity of Kachemak Bay, modifying the authority to extend certain shallow natural gas leases, and precluding the director of the division of lands from reissuing or otherwise extending shallow natural gas leases within the Kachemak Bay area if there is a breach of a term or condition of the lease; and providing for an effective date." 2004-04-05 House Journal Page 3206 The report was signed by Representative Kohring, Chair, with the following individual recommendations: Do pass (2): Kerttula, Crawford No recommendation (1): McGuire Amend (3): Holm, Rokeberg, Kohring The following fiscal note(s) apply to CSSSHB 364(O&G): 1. Indeterminate, Dept. of Natural Resources SSHB 364 was referred to the Resources Committee. HB 531 The House Special Committee on Oil & Gas has considered: HOUSE BILL NO. 531 "An Act relating to natural gas exploration and development and to nonconventional gas, and amending the section under which shallow natural gas leases may be issued; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 531(O&G) (same title) The report was signed by Representative Kohring, Chair, with the following individual recommendations: Amend (7): Holm, Kerttula, McGuire, Rokeberg, Crawford, Heinze, Kohring The following fiscal note(s) apply to CSHB 531(O&G): 1. Indeterminate, Dept. of Natural Resources 2004-04-05 House Journal Page 3207 HB 531 was referred to the Resources Committee. INTRODUCTION OF CITATIONS The following citation was introduced and taken up later as a Special Order of Business: Honoring - The Service High School Hockey Team By Representatives Meyer, Samuels INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HJR 45 HOUSE JOINT RESOLUTION NO. 45 by the House Judiciary Committee: Requesting the United States Congress to propose an amendment to the Constitution of the United States to provide that a vacancy in the office of United States Representative may be filled by appointment until an election can be held. was read the first time and referred to the State Affairs, Judiciary, and Finance Committees. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 551 HOUSE BILL NO. 551 by the House Judiciary Committee, entitled: "An Act relating to the issuance of teacher certificates to and revocation of teacher certificates of persons convicted of felony drug offenses and to the issuance of limited teacher certificates to persons convicted of certain crimes involving a minor and felony drug offenses." was read the first time and referred to the House Special Committee on Education and the Judiciary Committee. 2004-04-05 House Journal Page 3208 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 375 The following was read the second time: 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." with the: Journal Page FIN RPT CS(FIN) NT 8DP 3NR 3162 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. 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." There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Harris and Croft: Page 3, line 29, through page 4, line 4: Delete all material and insert: "APPROPRIATION GENERAL OTHER ALLOCATIONS ITEMS FUND FUNDS Public Communications Service 5,684,400 4,460,700 1,223,700 Public Broadcasting 54,200 Commission Public Broadcasting 2,469,900 - Radio It is the intent of the legislature that reductions affect urban stations rather than rural stations. 2004-04-05 House Journal Page 3209 Public Broadcasting 754,300 - T.V. Satellite Infrastructure 2,406,000" Page 4, lines 20 - 23: Delete all material and insert: "APPROPRIATION GENERAL OTHER ALLOCATIONS ITEMS FUND FUNDS Violent Crimes Compensation 1,587,100 302,400 1,284,700 Board Violent Crimes 1,587,100 Compensation Board" Page 5, lines 14 - 16: Delete all material and insert: "APPROPRIATION GENERAL OTHER ALLOCATIONS ITEMS FUND FUNDS Community Assistance & 7,939,800 3,865,300 4,074,500 Economic Development Community Advocacy 7,939,800" Page 13, line 13: Delete all material and insert: "APPROPRIATION GENERAL OTHER ITEMS FUND FUNDS Administration and Support 17,633,200 3,613,200 14,020,000" Page 13, line 18: Delete all material and insert: "ALLOCATIONS State Subsistence 4,427,700" Page 21, lines 32 - 33: Delete all material and insert: "APPROPRIATION GENERAL OTHER ITEMS FUND FUNDS Workers' Compensation and 15,357,000 1,456,100 13,900,900 Safety" Page 22, line 6: Delete all material and insert: "ALLOCATIONS Wage and Hour 1,428,500 Administration" Page 22, line 15: Delete all material and insert: 2004-04-05 House Journal Page 3210 "APPROPRIATION GENERAL OTHER ITEMS FUND FUNDS Workforce Development 101,711,200 4,847,900 96,863,300" Page 22, lines 25 - 26: Delete all material and insert: "ALLOCATIONS Kotzebue Technical 1,100,900 Center Operations Grant" Representative Harris moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard. Amendment to Amendment No. 1 was offered by Representative Harris: Under "Page 3," following "Public Broadcasting - Radio": Delete "It is the intent of the legislature that reductions affect urban stations rather than rural stations." Representative Berkowitz objected and withdrew the objection. There being no further objection, Amendment to Amendment No. 1 was adopted. There being no further objection, Amendment No. 1 as amended was adopted. Amendment No. 2 was offered by Representatives Harris, Croft, and Wilson: Page 28, line 23: Under Allocations for the Council on Domestic Violence & Sexual Assault: Delete $200,000 Contractual Insert $200,000 Grants Representative Harris moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard. 2004-04-05 House Journal Page 3211 Amendment to Amendment No. 2 was offered by Representative Harris: Add to the amendment: "Page 28, lines 25 - 27: Delete all material." There being no objection, Amendment to Amendment No. 2 was adopted. There being no further objection, Amendment No. 2 as amended was adopted. Amendment No. 3 was offered by Representatives Hawker, Stoltze, Harris, Wilson, Ogg, and Williams: Page 27, line 3: Under General Funds: Delete "3,425,200" Insert "3,775,200" Page 27, line 7: Under Allocations: Delete "5,448,800" Insert "5,798,800" Representative Stoltze 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 not offered. Representative Coghill moved and asked unanimous consent that CSHB 375(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. Representative Croft objected. 2004-04-05 House Journal Page 3212 CSHB 375(FIN) am will advance to third reading on tomorrow's calendar. HB 377 The following was read the second time: HOUSE BILL NO. 377 "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." with the: Journal Page FIN RPT CS(FIN) 11DP 3133 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. 377(FIN) (same title) There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 377(FIN) be considered engrossed, advanced to third reading, and placed on final passage. Representative Berkowitz objected. CSHB 377(FIN) will advance to third reading on tomorrow's calendar. 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 Kookesh - from 8:00 a.m., April 6 to 6:00 p.m., plane time, April 7, 2004 2004-04-05 House Journal Page 3213 Representative Rokeberg - from 6:00 p.m., April 8 to 10:00 a.m., plane time, April 13, 2004 Representative Hawker - from 7:00 p.m., April 8 to 10:00 a.m., plane time, April 12, 2004 Representative Meyer - from 7:00 p.m., April 8 to 10:00 p.m., plane time, April 12, 2004 Representative Heinze - from 7:00 p.m., April 8 to 10:00 p.m., plane time, April 12, 2004 Representative Holm - from 7:00 p.m., April 8 to 10:00 a.m., plane time, April 13, 2004 Representative Stepovich - from 7:00 p.m., April 8 to 10:00 a.m., plane time, April 13, 2004 Representative Anderson - from 7:00 a.m., April 9 to 3:00 p.m., plane time, April 13, 2004 Representative Samuels - from 1:00 p.m., April 9 to 2:00 p.m., plane time, April 12, 2004 Representative Gruenberg - from 7:00 p.m., April 9 to 10:00 a.m., plane time, April 13, 2004 CONCUR IN SENATE AMENDMENTS HB 398 Representative Coghill moved and asked unanimous consent that the House consider the Senate message (page 3156) on the following at this time: CS FOR HOUSE BILL NO. 398(JUD) am "An Act relating to domestic violence fatality review teams." and 2004-04-05 House Journal Page 3214 SENATE CS FOR CS FOR HOUSE BILL NO. 398(JUD) (same title) There being no objection, it was so ordered. Representative Coghill moved that the House concur in the Senate amendment to CSHB 398(JUD) am, thus adopting SCS CSHB 398(JUD), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 398(JUD) am?" The roll was taken with the following result: SCS CSHB 398(JUD) Concur YEAS: 36 NAYS: 0 EXCUSED: 1 ABSENT: 3 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson Excused: Fate Absent: Anderson, McGuire, Wolf And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 398(JUD). The Chief Clerk notified the Senate. SCS CSHB 398(JUD) was referred to the Chief Clerk for enrollment. SPECIAL ORDER OF BUSINESS Representative Coghill moved and asked unanimous consent that the notice and publication requirements be waived and the citation, Honoring - The Service High School Hockey Team, be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. 2004-04-05 House Journal Page 3215 Representative Coghill moved and asked unanimous consent that the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: Honoring - The Service High School Hockey Team By Representatives Meyer, Samuels, Kott, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Lynn, Masek, Morgan, Ogg, Rokeberg, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf SCR 23 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. 23 Authorizing a recess by the Senate and the House of Representatives for a period of more than three days, those days being April 9, 10, 11, and 12 of 2004. There being no objection, it was so ordered. The question being: "Shall SCR 23 pass the House?" The roll was taken with the following result: SCR 23 Special Order of Business YEAS: 36 NAYS: 0 EXCUSED: 1 ABSENT: 3 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, 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, Wolf Excused: Fate Absent: Anderson, McGuire, Moses And so, SCR 23 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. 2004-04-05 House Journal Page 3216 UNFINISHED BUSINESS HB 459 The Speaker added a Finance Committee referral to the following: HOUSE BILL NO. 459 "An Act requiring an auditable paper trail for electronic voting machines; and providing for an effective date." HB 459 was removed from the Rules Committee and referred to the Finance Committee. HB 339 Representative Wolf added his name as cosponsor to: 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." HB 423 Representative Gruenberg added his name as cosponsor 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 459 Representatives Coghill and Weyhrauch 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." 2004-04-05 House Journal Page 3217 ENGROSSMENT HB 378 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: 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." ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meeting today has been changed as indicated: Judiciary Committee CHANGED TO: 1:00 p.m., 4/6 ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 6, 2004. There being no objection, the House adjourned at 12:49 p.m. Suzi Lowell Chief Clerk