Legislature(2003 - 2004)
2004-04-07 House Journal
Full Journal pdf2004-04-07 House Journal Page 3243 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- SECOND SESSION Juneau, Alaska Wednesday April 7, 2004 Eighty-seventh Day Pursuant to adjournment the House was called to order by Speaker Kott at 10:10 a.m. Roll call showed 37 members present. Representative Kookesh had been previously excused from a call of the House today. Representatives Anderson and McGuire were absent and their presence was noted later. The invocation was offered by the Chaplain, Pastor David Swofford of First Church of God. Representative Fate moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Let us pray, Thank You, Lord, for giving us another day. Help us to not forget all Your benefits and the wonderful gifts You wish to give all men. Bless and protect all those that are in law enforcement. Help them to protect those that are victims of abuse. Keep them safe as they confront difficult situations on land and sea. We pray for those in the armed forces, those that are overseas and for their families within our state. Keep them safe and bring them home soon. Give wisdom and understanding for the business today...You hold all things in Your hands. There is no joy without You. May everyone know this joy that You give. Your kingdom 2004-04-07 House Journal Page 3244 come and Your will be done on Earth as it is in heaven. Thank You again for giving us another day. In Jesus' name. Amen. The Pledge of Allegiance was led by Representative Morgan. CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 86th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 478 A message dated April 6, 2004, was read stating the Senate has passed: HOUSE BILL NO. 478 "An Act relating to the issuance of commercial fishing interim-use permits; and providing for an effective date." HB 478 was referred to the Chief Clerk for enrollment. HB 344 A message dated April 6, 2004, was read stating the Senate has passed CSHB 344(RES) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 344(RES) "An Act relating to annual rental fees, statements of annual labor, and production royalty for mining claims; and providing a cure for abandonment." CSHB 344(RES) is under Unfinished Business. **The presence of Representative Anderson was noted. 2004-04-07 House Journal Page 3245 REPORTS OF STANDING COMMITTEES HJR 26 The Finance Committee has considered: HOUSE JOINT RESOLUTION NO. 26 Proposing amendments to the Constitution of the State of Alaska relating to and limiting appropriations from and inflation-proofing the Alaska permanent fund by establishing a percent of market value spending limit. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 26(FIN) Proposing amendments to the Constitution of the State of Alaska relating to and limiting appropriations from the Alaska permanent fund based on an averaged percent of the fund market value. The report was signed by Representatives Harris and Williams, Co- chairs, with the following individual recommendations: Do pass (2): Hawker, Foster Do not pass (2): Chenault, Fate No recommendation (2): Croft, Williams Amend (3): Stoltze, Joule, Harris The following fiscal note(s) apply to CSHJR 26(FIN): 2. Zero, Dept. of Revenue 3. Fiscal, Office of the Governor HJR 26 was referred to the Rules Committee for placement on the calendar. HB 227 The Finance Committee has considered: 2004-04-07 House Journal Page 3246 HOUSE BILL NO. 227 "An Act increasing the jurisdictional limit for small claims and for magistrates from $7,500 to $10,000; increasing the jurisdictional limit of district courts in certain civil cases from $50,000 to $75,000; and amending Rule 11(a)(4), Alaska District Court Rules of Civil Procedure, relating to service of process for small claims." and recommends it be replaced with: CS FOR HOUSE BILL NO. 227(JUD) "An Act increasing the jurisdictional limit for small claims and for magistrates from $7,500 to $10,000; increasing the jurisdictional limit of district courts in certain civil cases from $50,000 to $100,000; expanding the jurisdiction of district courts; limiting magistrates from hearing certain small claims cases; and amending Rule 11(a)(4), Alaska District Court Rules of Civil Procedure, relating to service of process for small claims." The report was signed by Representative Harris, Co-chair, with the following individual recommendations: Do pass (4): Chenault, Fate, Foster, Harris No recommendation (3): Hawker, Stoltze, Joule The following fiscal note(s) apply to CSHB 227(JUD): 1. Indeterminate, Alaska Court System HB 227 was referred to the Rules Committee for placement on the calendar. HB 298 The Finance Committee has considered: HOUSE BILL NO. 298 "An Act relating to the distribution of appropriations from the Alaska permanent fund under art. IX, sec. 15(b), Constitution of the State of Alaska, and making conforming amendments; and providing for an effective date." 2004-04-07 House Journal Page 3247 and recommends it be replaced with: CS FOR HOUSE BILL NO. 298(FIN) "An Act relating to the income of and appropriations from the Alaska permanent fund under art. IX, sec. 15(b), Constitution of the State of Alaska, and making conforming amendments; relating to the determination of net income of the mental health trust fund; 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): Hawker Do not pass (2): Croft, Chenault No recommendation (4): Moses, Fate, Foster, Williams Amend (3): Stoltze, Joule, Harris The following fiscal note(s) apply to CSHB 298(FIN): 1. Zero, Dept. of Revenue 2. Zero, Dept. of Revenue HB 298 was referred to the Rules Committee for placement on the calendar. HB 308 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 308 "An Act related to exchanging public land for privately held riverbank and stream bank lands." The report was signed by Representative Morgan, Chair, with the following individual recommendations: Do pass (1): Cissna 2004-04-07 House Journal Page 3248 No recommendation (3): Kott, Samuels, Morgan The following fiscal note(s) apply: 1. Fiscal, Dept. of Fish & Game 2. Fiscal, Dept. of Natural Resources HB 308 was referred to the Resources Committee. HB 430 The Judiciary Committee has considered: HOUSE BILL NO. 430 "An Act relating to employees under 21 years of age in the premises of hotels, restaurants, and eating places that are licensed to sell, serve, deliver, or dispense alcoholic beverages." The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (3): Samuels, Holm, Gara No recommendation (1): McGuire The following fiscal note(s) apply: 1. Zero, Dept. of Labor & Workforce Development 2. Zero, Dept. of Public Safety HB 430 was referred to the Rules Committee for placement on the calendar. HB 438 The Judiciary Committee has considered: HOUSE BILL NO. 438 "An Act relating to motorists moving over or slowing down for emergency vehicles." 2004-04-07 House Journal Page 3249 and recommends it be replaced with: CS FOR HOUSE BILL NO. 438(JUD) (same title) The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (5): Samuels, Holm, Gara, Gruenberg, McGuire The following fiscal note(s) apply to CSHB 438(JUD): 1. Zero, Dept. of Law 2. Zero, Dept. of Public Safety HB 438 was referred to the Rules Committee for placement on the calendar. HB 443 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 443 "An Act relating to eligibility of nurses for the teachers' and nurses' housing loan program of the Alaska Housing Finance Corporation." The report was signed by Representative Wilson, Chair, with the following individual recommendations: Do pass (4): Seaton, Coghill, Wolf, Wilson The following fiscal note(s) apply: 1. Zero, Dept. of Revenue HB 443 was referred to the Finance Committee. HB 476 The State Affairs Committee has considered: 2004-04-07 House Journal Page 3250 HOUSE BILL NO. 476 "An Act establishing the Alaska Statehood Celebration Commission; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 476(STA) (same title) The report was signed by Representative Weyhrauch, Chair, with the following individual recommendations: Do pass (3): Seaton, Holm, Coghill No recommendation (3): Gruenberg, Lynn, Weyhrauch The following fiscal note(s) apply to CSHB 476(STA): 1. Zero, Legislative Agency 2. Fiscal, Office of the Governor HB 476 was referred to the Finance Committee. **The presence of Representative McGuire was noted. HB 527 The State Affairs Committee has considered: HOUSE BILL NO. 527 "An Act relating to the Alaska Securities Act, including reports, proxies, consents, authorizations, proxy statements, and other materials, civil penalties, refunds of proceeds from violations, restitution, and investment adviser representatives; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 527(STA) "An Act relating to the Alaska Securities Act, including reports, proxies, consents, authorizations, proxy statements, and other 2004-04-07 House Journal Page 3251 materials, civil penalties, refunds of proceeds from violations, restitution, attorney fees and costs, state jurisdiction, and investment adviser representatives; amending Rules 54(d), 79, and 82, Alaska Rules of Civil Procedure; and providing for an effective date." The report was signed by Representative Weyhrauch, Chair, with the following individual recommendations: Do pass (2): Gruenberg, Weyhrauch No recommendation (3): Seaton, Holm, Lynn The following fiscal note(s) apply to CSHB 527(STA): 1. Fiscal, Dept. of Community & Economic Development HB 527 was referred to the Judiciary Committee. HB 547 The State Affairs Committee has considered: HOUSE BILL NO. 547 "An Act relating to the dividends of individuals claiming allowable absences; and providing for an effective date." The report was signed by Representative Weyhrauch, Chair, with the following individual recommendations: Do pass (2): Seaton, Weyhrauch Do not pass (2): Lynn, Coghill No recommendation (2): Gruenberg, Holm The following fiscal note(s) apply: 1. Fiscal, Dept. of Revenue 2004-04-07 House Journal Page 3252 HB 547 was referred to the Finance Committee. HB 549 The Judiciary Committee has considered: HOUSE BILL NO. 549 "An Act relating to unsolicited communications following an aircraft accident; and amending Rule 503, Alaska Rules of Evidence." and recommends it be replaced with: CS FOR HOUSE BILL NO. 549(JUD) "An Act relating to unsolicited communications following an aircraft accident." The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (4): Samuels, Holm, Anderson, McGuire No recommendation (1): Gara Amend (1): Ogg The following fiscal note(s) apply to CSHB 549(JUD): 1. Zero, Alaska Court System 2. Zero, Dept. of Law HB 549 was referred to the Rules Committee for placement on the calendar. SB 289 The Finance Committee has considered: SENATE BILL NO. 289 "An Act extending the termination date of the special education service agency; and providing for an effective date." 2004-04-07 House Journal Page 3253 The report was signed by Representative Williams, Co-chair, with the following individual recommendations: Do pass (4): Meyer, Croft, Foster, Williams No recommendation (4): Hawker, Stoltze, Joule, Moses The following fiscal note(s) apply: 2. Fiscal, Dept. of Education & Early Development SB 289 was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES HB 536 The House Special Committee on Military & Veterans' Affairs has considered: HOUSE BILL NO. 536 "An Act relating to applications for permanent fund dividends by certain individuals serving in the armed forces; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 536(MLV) "An Act relating to applications for permanent fund dividends by certain individuals serving in the armed forces, and to payment of certain 2003 and 2004 dividends; and providing for an effective date." The report was signed by Representative Stepovich, Chair, with the following individual recommendations: Do pass (4): Lynn, Masek, Cissna, Stepovich No recommendation (1): Dahlstrom 2004-04-07 House Journal Page 3254 The following fiscal note(s) apply to CSHB 536(MLV): 1. Fiscal, Dept. of Revenue HB 536 was referred to the State Affairs Committee. HB 538 The House Special Committee on Ways & Means has considered: HOUSE BILL NO. 538 "An Act relating to taxes on cigarettes and tobacco products; relating to tax stamps on cigarettes; relating to forfeiture of cigarettes and of property used in the manufacture, transportation, or sale of unstamped cigarettes; relating to licenses and licensees under the Cigarette Tax Act; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 538(W&M) "An Act relating to taxes on cigarettes and tobacco products, to tax stamps on cigarettes, to forfeiture of cigarettes and of property used in the manufacture, transportation, facilitation of transportation, possession, offering for sale, or sale of unstamped cigarettes, to accounting for and use of part of the proceeds of the additional cigarette tax, and to licenses and licensees under the Cigarette Tax Act; and providing for an effective date." The report was signed by Representative Hawker, Chair, with the following individual recommendations: Do pass (4): Samuels, Gruenberg, Wilson, Hawker Do not pass (2): Kohring, Moses No recommendation (1): Weyhrauch Amend (2): Rokeberg, Ogg The following fiscal note(s) apply to CSHB 538(W&M): 2004-04-07 House Journal Page 3255 1. Fiscal, Dept. of Public Safety 2. Fiscal, Dept. of Revenue HB 538 was referred to the Labor & Commerce Committee. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HJR 46 HOUSE JOINT RESOLUTION NO. 46 by the House Finance Committee: Proposing amendments to the Constitution of the State of Alaska relating to the principal of the Alaska permanent fund; limiting appropriations from the Alaska permanent fund to amounts equal to that part of the market value of the fund that exceeds the principal based on an averaged percent of the fund market value. was read the first time and referred to the Finance Committee. HJR 47 HOUSE JOINT RESOLUTION NO. 47 by the House Finance Committee: Proposing amendments to the Constitution of the State of Alaska relating to the principal of the Alaska permanent fund; limiting appropriations from the Alaska permanent fund to amounts equal to that part of the market value of the fund that exceeds the principal based on an averaged percent of the fund market value; and permitting appropriations from the permanent fund only for costs of administering the fund, a program of dividend payments for state residents, and public education. was read the first time and referred to the Finance Committee. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 553 HOUSE BILL NO. 553 by the House Finance Committee, entitled: 2004-04-07 House Journal Page 3256 "An Act relating to investments of the Alaska permanent fund and to the income of and appropriations from the Alaska permanent fund and making conforming amendments; relating to the determination of net income of the mental health trust fund; and providing for an effective date." was read the first time and referred to the Finance Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 339 The following was read the second time: 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." with the: Journal Page L&C RPT CS(L&C) NT 4DP 2NR 1AM 2505 FN1: ZERO(LAW) 2506 FN2: ZERO(CED) 2506 JUD RPT CS(JUD) NT 5DP 3162 FN1: ZERO(LAW) 3162 FN2: ZERO(CED) 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. 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." There being no objection, it was so ordered. 2004-04-07 House Journal Page 3257 Representative Coghill moved and asked unanimous consent that CSHB 339(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 339(JUD) was read the third time. The question being: "Shall CSHB 339(JUD) pass the House?" The roll was taken with the following result: CSHB 339(JUD) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Kookesh And so, CSHB 339(JUD) passed the House and was referred to the Chief Clerk for engrossment. HB 405 The following was read the second time: HOUSE BILL NO. 405 "An Act relating to reports on school and school district performance; and relating to accountability of public schools and school districts; and providing for an effective date." with the: Journal Page EDU RPT CS(EDU) 5DP 1NR 2987 FN1: ZERO(EED) 2988 HES RPT CS(EDU) 6DP 3044 FN1: ZERO(EED) 3045 2004-04-07 House Journal Page 3258 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. 405(EDU) (same title) There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 405(EDU) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 405(EDU) was read the third time. The question being: "Shall CSHB 405(EDU) pass the House?" The roll was taken with the following result: CSHB 405(EDU) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Wilson Excused: Kookesh Absent: Williams, Wolf And so, CSHB 405(EDU) passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 405(EDU) was referred to the Chief Clerk for engrossment. 2004-04-07 House Journal Page 3259 HB 496 The following was read the second time: 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." with the: Journal Page STA RPT CS(STA) 1DP 3NR 2AM 3106 FN1: ZERO(GOV) 3107 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. 496(STA) (same title) There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 496(STA) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 496(STA) was read the third time. The question being: "Shall CSHB 496(STA) pass the House?" The roll was taken with the following result: CSHB 496(STA) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 2004-04-07 House Journal Page 3260 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Kookesh And so, CSHB 496(STA) passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 496(STA) was referred to the Chief Clerk for engrossment. THIRD READING OF SENATE BILLS SB 264 The following, which was advanced to third reading from the April 6, 2004, calendar (page 3229), was read the third time: SENATE BILL NO. 264 "An Act repealing the time limitation on the authority of the Department of Natural Resources to enter into agreements with a person or persons desiring to own an oil or natural gas pipeline proposed to be located on state land for the purposes of providing for payment of the reasonable costs incurred in preparing for activities before receipt of an application under the Alaska Right- of-Way Leasing Act; and providing for an effective date." The question being: "Shall SB 264 pass the House?" The roll was taken with the following result: SB 264 Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 2004-04-07 House Journal Page 3261 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Kookesh And so, SB 264 passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. SB 264 was signed by the Speaker and Chief Clerk and returned to the Senate. Representative Kapsner, who had been previously excused (page 3237), left the Chamber. SECOND READING OF HOUSE RESOLUTIONS HJR 41 The following was read the second time: HOUSE JOINT RESOLUTION NO. 41 Relating to support for the Federal Land Recreational Visitor Protection Act. with the: Journal Page RES RPT CS(RES) 8DP 3158 FN1: ZERO(H.RES) 3159 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE JOINT RESOLUTION NO. 41(RES) (same title) 2004-04-07 House Journal Page 3262 There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHJR 41(RES) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHJR 41(RES) was read the third time. Representative Chenault, who had been previously excused (page 3237), left the Chamber. The question being: "Shall CSHJR 41(RES) pass the House?" The roll was taken with the following result: CSHJR 41(RES) Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 3 ABSENT: 2 Yeas: Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Harris, Hawker, Heinze, Holm, Joule, Kerttula, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Chenault, Kapsner, Kookesh Absent: Guttenberg, Seaton And so, CSHJR 41(RES) passed the House and was referred to the Chief Clerk for engrossment. HJR 44 The following was read the second time: 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. 2004-04-07 House Journal Page 3263 with the: Journal Page RES RPT CS(RES) 4DP 4NR 3159 FN1: ZERO(H.RES) 3159 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE JOINT RESOLUTION NO. 44(RES) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Ogg: Page 2, line 25, following "Resources;": Insert "to Margaret Roberts, President and Chair, Alaska Sea Otter and Steller Sea Lion Commission;" Representative Ogg moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHJR 44(RES) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHJR 44(RES) am was read the third time. The question being: "Shall CSHJR 44(RES) am pass the House?" The roll was taken with the following result: CSHJR 44(RES) am Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 2004-04-07 House Journal Page 3264 Yeas: Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kerttula, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Chenault, Kapsner, Kookesh And so, CSHJR 44(RES) am passed the House and was referred to the Chief Clerk for engrossment. CONCUR IN SENATE AMENDMENTS HB 397 Representative Coghill moved and asked unanimous consent that the House consider the Senate message (page 3198) on the following at this time: 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." and SENATE CS FOR CS FOR HOUSE BILL NO. 397(JUD) (same title) There being no objection, it was so ordered. Representative Coghill moved that the House concur in the Senate amendment to CSHB 397(JUD), thus adopting SCS CSHB 397(JUD), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 397(JUD)?" The roll was taken with the following result: SCS CSHB 397(JUD) Concur YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 2004-04-07 House Journal Page 3265 Yeas: Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kerttula, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Chenault, Kapsner, Kookesh And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 397(JUD). The Chief Clerk notified the Senate. SCS CSHB 397(JUD) was referred to the Chief Clerk for enrollment. 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 Williams - from 10:00 a.m., April 8 to noon, plane time, April 13, 2004 Representative Samuels - from 6:00 a.m., April 17 to 10:00 p.m., plane time, April 18, 2004 Representative Wilson - from 10:00 a.m., April 14 to 7:00 a.m., plane time, April 18, 2004 Representative Stepovich - from 1:00 p.m., April 7 to 10:00 a.m., plane time, April 13, 2004 (amended from page 3213) SB 276 The Speaker waived the Labor & Commerce Committee referral for the following at the request of Representative Anderson, Chair: 2004-04-07 House Journal Page 3266 CS FOR SENATE BILL NO. 276(FIN) "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." CSSB 276(FIN) was removed from the Labor & Commerce Committee and referred to the Judiciary Committee. SB 301 The Speaker waived the House Special Committee on Military & Veterans' Affairs referral for the following at the request of Representative Stepovich, Chair: CS FOR SENATE BILL NO. 301(FIN) "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." CSSB 301(FIN) was removed from the House Special Committee on Military & Veterans' Affairs and referred to the Health, Education & Social Services Committee. The Speaker waived the Health, Education & Social Services Committee referral for CSSB 301(FIN) at the request of Representative Wilson, Chair. CSSB 301(FIN) was removed from the Health, Education & Social Services Committee and referred to the Finance Committee. HB 546 The Speaker added a Finance Committee referral for the following: HOUSE BILL NO. 546 "An Act relating to regulation of the discharge of pollutants from timber-related activities under the National Pollutant Discharge 2004-04-07 House Journal Page 3267 Elimination System; relating to waste treatment and disposal permits; making conforming amendments; and providing for an effective date." HB 546 is in the Judiciary Committee. HB 308 The Speaker added a Finance Committee referral for the following: HOUSE BILL NO. 308 "An Act related to exchanging public land for privately held riverbank and stream bank lands." HB 308 is in the Resources Committee. HB 430 Representative Gruenberg added his "do pass" recommendation to the Judiciary Committee report (page 3248) for the following: HOUSE BILL NO. 430 "An Act relating to employees under 21 years of age in the premises of hotels, restaurants, and eating places that are licensed to sell, serve, deliver, or dispense alcoholic beverages." HJR 41 Representative Lynn added his name as cosponsor to: CS FOR HOUSE JOINT RESOLUTION NO. 41(RES) Relating to support for the Federal Land Recreational Visitor Protection Act. HB 91 Representative Gatto added his name as cosponsor to: CS FOR HOUSE BILL NO. 91(FIN) "An Act relating to medical benefits for retired peace officers after 20 years of credited service." HB 275 Representative Kott added his name as cosponsor to: 2004-04-07 House Journal Page 3268 HOUSE BILL NO. 275 "An Act relating to veterinarians and animals." HB 284 Representative Gatto added his name as cosponsor to: HOUSE BILL NO. 284 "An Act allowing peace officers with previous service as fish and wildlife enforcement officers in the Department of Public Safety to claim credit for service as peace officer service; and providing for an effective date." HB 339 Representatives Kerttula, Seaton, Lynn, and Crawford added their names as cosponsors to: 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." HB 405 Representatives Lynn and Wilson added their names as cosponsors to: CS FOR HOUSE BILL NO. 405(EDU) "An Act relating to reports on school and school district performance; and relating to accountability of public schools and school districts; and providing for an effective date." HB 438 Representative McGuire added her name as cosponsor to: HOUSE BILL NO. 438 "An Act relating to motorists moving over or slowing down for emergency vehicles." HB 496 Representatives Kerttula, Chenault, Seaton, and Lynn added their names as cosponsors to: 2004-04-07 House Journal Page 3269 CS FOR HOUSE BILL NO. 496(STA) "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." HB 375 The following, which passed the House and was engrossed on April 6, 2004, was signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: CS FOR HOUSE BILL NO. 375(FIN) am "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." HB 377 The following, which passed the House and was engrossed on April 6, 2004, was signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: CS FOR HOUSE BILL NO. 377(FIN) "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." ENGROSSMENT HJR 41 CSHJR 41(RES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HJR 44 CSHJR 44(RES) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 339 CSHB 339(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2004-04-07 House Journal Page 3270 HB 405 CSHB 405(EDU) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 496 CSHB 496(STA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HB 282 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:44 a.m., April 7, 2004: 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 348 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:44 a.m., April 7, 2004: 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." A Legislative letter of intent (page 2564) was attached. 2004-04-07 House Journal Page 3271 HB 394 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:44 a.m., April 7, 2004: 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." ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 8, 2004, for a technical session. There being no objection, the House adjourned at 11:29 a.m. Suzi Lowell Chief Clerk