Legislature(2003 - 2004)
2004-05-06 House Journal
Full Journal pdf2004-05-06 House Journal Page 3875 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- SECOND SESSION Juneau, Alaska Thursday May 6, 2004 One Hundred Sixteenth Day Pursuant to adjournment the House was called to order by Speaker Kott at 2:09 p.m. Roll call showed 37 members present. Representatives Chenault, Kapsner, and Williams were absent and their presence was noted later. The invocation was offered by the Chaplain, Representative Holm. Representative Gruenberg moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. Heavenly Father, Today is the National Day of Prayer and we thank all of those who just participated in the program on our Capitol steps. Lord, we bow before You this beautiful day that You have made and humbly give You thanks for all Your gifts to us. Lord, let us ever be mindful of Your care for us, knowing that we do not know what the future will bring but that You do. Lord, we ask for Your inspiration and guidance to do Your work these final days. Help us listen to Your plan for us. Help us listen to each other, though we may be tired and grumpy. God, help us show respect for one another regardless of our disagreements. God, we thank You for Your opportunity for us to serve You and the people of Alaska. 2004-05-06 House Journal Page 3876 Representative Holm sang the following from "Hymn of Promise": In the bulb there is a flower, in the seed, an apple tree; in cocoons, a hidden promise: butterflies will soon be free! In the cold of snow and winter there's a spring that waits to be, unrevealed until its season, something God alone can see. Amen. The Pledge of Allegiance was led by Representative Moses. CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 115th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 486 A message dated May 5, 2004, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 486(FIN) "An Act relating to reclamation bonding and financial assurance for certain mines; relating to financial assurance limits for lode mines; establishing the mine reclamation trust fund; and providing for an effective date." CSHB 486(FIN) was referred to the Chief Clerk for enrollment. HB 414 A message dated May 5, 2004, was read stating the President has granted limited powers of free conference to the Senate members of the Conference Committee considering: 2004-05-06 House Journal Page 3877 CS FOR HOUSE BILL NO. 414(JUD) "An Act relating to filling a vacancy in the office of United States senator, and to the definition of 'political party.'" and SENATE CS FOR CS FOR HOUSE BILL NO. 414(JUD) "An Act relating to filling a vacancy in the office of United States senator, and to the definition of 'political party'; and providing for an effective date." (technical title change) The Speaker had previously granted the limited powers of free conference as requested (page 3839). SB 299 A message dated May 5, 2004, was read stating the Senate has concurred in the House amendment to SB 299, thus adopting: HOUSE CS FOR SENATE BILL NO. 299(JUD) am H "An Act relating to a charge for a bad check." SB 300 A message dated May 5, 2004, was read stating the Senate has concurred in the House amendment to CSSB 300(FIN), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 300(JUD) "An Act relating to an attorney's lien, to court actions, and to other proceedings where attorneys are employed; and providing for an effective date." SB 309 A message dated May 5, 2004, was read stating the Senate has concurred in the House amendment to CSSB 309(JUD) am, thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 309(JUD) "An Act relating to testing the blood of prisoners and those in custody for bloodborne pathogens." 2004-05-06 House Journal Page 3878 SB 344 A message dated May 5, 2004, was read stating the Senate has concurred in the House amendment to SB 344, thus adopting: HOUSE CS FOR SENATE BILL NO. 344(JUD) am H "An Act relating to the Uniform Probate Code and trusts, including pleadings, orders, nonprobate assets, estates of decedents, minors, protected persons, incapacitated persons, guardians, conservators, trustees, foreign trusts, principal and income, and transfer restrictions; relating to corporate voting trusts; and providing for an effective date." A message dated May 5, 2004, was read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 282 CS FOR SENATE BILL NO. 282(RES) by the Senate Resources Committee, entitled: "An Act relating to the identification of finfish in food products and to the misbranding of food products consisting of or containing finfish." was read the first time and referred to the House Special Committee on Fisheries and the Labor & Commerce Committee. SB 379 CS FOR SENATE BILL NO. 379(FIN) by the Senate Finance Committee, entitled: "An Act providing that public members of the Board of Trustees of the Alaska Permanent Fund Corporation may be removed only for cause; and providing for an effective date." (HB 544 - similar bill) was read the first time and referred to the Rules Committee. 2004-05-06 House Journal Page 3879 REPORTS OF STANDING COMMITTEES The Judiciary Committee has reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: Mr. Thomas G. Nave, Esq. as a member of the Commission on Judicial Conduct. The report was signed by Representative McGuire, Chair; and Representatives Samuels, Holm, Gara, Gruenberg, and Ogg. The Labor & Commerce Committee has reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: Mr. Gary P. Bader as a member of the Alaska Labor Relations Agency. The report was signed by Representative Anderson, Chair; and Representatives Rokeberg, Dahlstrom, Gatto, and Lynn. The Resources Committee has reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: Mr. Michael R. Fleagle as a member of the Board of Game. The report was signed by Representatives Dahlstrom and Masek, Co- chairs; and Representatives Wolf, Lynn, Gatto, and Heinze. 2004-05-06 House Journal Page 3880 The Resources Committee has reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: Mr. Ben Grussendorf as a member of the Board of Game. The report was signed by Representatives Masek and Dahlstrom, Co- chairs; and Representatives Wolf, Lynn, and Gatto. The State Affairs Committee has reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: Mr. Roger E. Holl as a member of the Alaska Public Offices Commission. The report was signed by Representative Weyhrauch, Chair; and Representatives Holm, Lynn, Coghill, Seaton, and Gruenberg. The State Affairs Committee has reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: Mr. Ray Matiashowski as Commissioner of the Department of Administration. The report was signed by Representative Weyhrauch, Chair; and Representatives Seaton, Holm, Lynn, Coghill, Gruenberg, and Berkowitz. # **The presence of Representative Chenault was noted. HB 255 The Finance Committee has considered: 2004-05-06 House Journal Page 3881 HOUSE BILL NO. 255 "An Act amending the Alaska Wage and Hour Act as it relates to flexible work hour plans, the provision of training wages, and the definitions of certain terms; and repealing the exemption in the Act from the payment of minimum wages for learners." and recommends it be replaced with: CS FOR HOUSE BILL NO. 255(FIN) "An Act amending the Alaska Wage and Hour Act as it relates to the scope of administrative regulations defining a person employed in a bona fide executive, administrative, or professional capacity as it pertains to minimum salaries." The report was signed by Representatives Harris and Williams, Co- chairs, with the following individual recommendations: Do pass (4): Meyer, Joule, Fate, Foster No recommendation (5): Hawker, Croft, Chenault, Harris, Williams The following fiscal note(s) apply to CSHB 255(FIN): 2. Zero, Dept. of Labor & Workforce Development HB 255 is on today's calendar. HB 466 The Finance Committee has considered: HOUSE BILL NO. 466 "An Act relating to investments of Alaska permanent fund assets; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 466(FIN) (same title) 2004-05-06 House Journal Page 3882 The report was signed by Representative Williams, Co-chair, with the following individual recommendations: Do pass (9): Meyer, Hawker, Joule, Croft, Moses, Fate, Chenault, Foster, Williams No recommendation (1): Stoltze The following fiscal note(s) apply to CSHB 466(FIN): 1. Zero, Dept. of Revenue HB 466 was referred to the Rules Committee for placement on the calendar. HB 544 The State Affairs Committee has considered: HOUSE BILL NO. 544 "An Act providing that public members of the Board of Trustees of the Alaska Permanent Fund Corporation may be removed only for cause; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 544(STA) (same title) The report was signed by Representative Weyhrauch, Chair, with the following individual recommendations: Do pass (6): Seaton, Gruenberg, Holm, Lynn, Coghill, Weyhrauch The following fiscal note(s) apply to CSHB 544(STA): 1. Zero, Dept. of Law 2. Zero, Dept. of Revenue 3. Zero, Dept. of Revenue HB 544 was referred to the Rules Committee for placement on the calendar. 2004-05-06 House Journal Page 3883 HB 563 The Judiciary Committee has considered: HOUSE BILL NO. 563 "An Act relating to open meetings guidelines applicable to legislators, to the confidentiality of complaints and proceedings involving alleging violations of AS 24.60, and to hearings on formal charges by the Select Committee on Legislative Ethics or its subcommittees." and recommends it be replaced with: CS FOR HOUSE BILL NO. 563(JUD) "An Act relating to legislative branch ethics, to open meetings guidelines applicable to legislators, to the confidentiality of complaints and proceedings involving alleged violations of AS 24.60, and to hearings on formal charges by the Select Committee on Legislative Ethics or its subcommittees." The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (2): Gruenberg, McGuire No recommendation (4): Holm, Gara, Samuels, Ogg The following fiscal note(s) apply to CSHB 563(JUD): 1. Zero, Legislative Affairs Agency HB 563 is on today's calendar. SB 30 The Finance 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." 2004-05-06 House Journal Page 3884 and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 30(FIN) "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 resolution) The report was signed by Representative Williams, Co-chair with the following individual recommendations: Do pass (2): Meyer, Williams Do not pass (1): Croft No recommendation (5): Hawker, Stoltze, Chenault, Fate, Foster The following fiscal note(s) apply to HCS CSSB 30(FIN): 3. Fiscal, Dept. of Health & Social Services 4. Fiscal, Dept. of Health & Social Services CSSB 30(JUD) am was referred to the Rules Committee for placement on the calendar. SB 132 The Community & Regional Affairs Committee has considered: CS FOR SENATE BILL NO. 132(RES) "An Act removing the Old Minto townsite from the Minto Flats State Game Refuge; and authorizing the Department of Natural Resources to convey certain land at the historic Old Minto site to the Native Village of Minto." 2004-05-06 House Journal Page 3885 The report was signed by Representative Morgan, Chair, with the following individual recommendations: Do pass (4): Kott, Wolf, Cissna, Morgan The following fiscal note(s) apply: 1. Zero, Dept. of Natural Resources CSSB 132(RES) was referred to the Resources Committee. SB 170 The Finance Committee has considered: CS FOR SENATE BILL NO. 170(JUD) "An Act relating to murder in the second degree, the justification of defense of self or others, immunity from prosecution, sentencing, probation, discretionary parole, and the right to representation in certain criminal proceedings; relating to violation of a custodian's duty; relating to sexual abuse of a minor; relating to release of information concerning certain cases involving a minor; relating to local options regarding alcoholic beverages, the offense of furnishing or delivery of alcoholic beverages to a person under 21 years of age, and forfeiture of property used in, and money or other items of value used in financial transactions derived from, violation of certain laws relating to alcoholic beverages; relating to assault by means of a dangerous instrument; relating to operating or driving a motor vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance, to the refusal to submit to a chemical test, and to the presumptions concerning the chemical analysis of breath or blood; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 170(FIN) "An Act relating to the justification of defense of self or others, immunity from prosecution, sentencing, probation, discretionary parole, and the right to representation in certain criminal proceedings; relating to violation of a custodian's duty; relating to sexual abuse of a minor; relating to release of information 2004-05-06 House Journal Page 3886 concerning certain cases involving a minor; relating to local options regarding alcoholic beverages, the offense of furnishing or delivery of alcoholic beverages to a person under 21 years of age, and forfeiture of property used in, and money or other items of value used in financial transactions derived from, violation of certain laws relating to alcoholic beverages; relating to assault by means of a dangerous instrument; relating to operating or driving a motor vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance, to the refusal to submit to a chemical test, and to the presumptions concerning the chemical analysis of breath or blood; and providing for an effective date." (HCR 40 - title change resolution) The report was signed by Representatives Harris and Williams, Co- chairs, with the following individual recommendations: Do pass (2): Hawker, Foster No recommendation (9): Meyer, Stoltze, Joule, Croft, Moses, Chenault, Fate, Harris, Williams The following fiscal note(s) apply to HCS CSSB 170(FIN): 3. Fiscal, Dept. of Corrections 4. Fiscal, Dept. of Administration 5. Zero, Dept. of Law CSSB 170(JUD) was referred to the Rules Committee for placement on the calendar. SB 190 The Resources Committee has considered: CS FOR SENATE BILL NO. 190(STA) "An Act adding certain state-owned land and water to the Kenai River Special Management Area; relating to the mineral estate of the state-owned land and water in the Kenai River Special 2004-05-06 House Journal Page 3887 Management Area; relating to the Kenai River Special Management Area advisory board; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 190(CRA) (same title) The report was signed by Representatives Masek and Dahlstrom, Co- chairs, with the following individual recommendations: Do pass (2): Heinze, Lynn No recommendation (4): Gatto, Wolf, Masek, Dahlstrom The following fiscal note(s) apply to HCS CSSB 190(CRA): 1. Zero, Dept. of Natural Resources 2. Zero, Dept. of Fish & Game CSSB 190(STA) was referred to the Rules Committee for placement on the calendar. SB 231 The Finance Committee has considered: CS FOR SENATE BILL NO. 231(FIN) "An Act relating to unclaimed property; and providing for an effective date." The report was signed by Representatives Harris, Co-chair, and Meyer, Vice Chair, with the following individual recommendations: Do pass (2): Hawker, Meyer No recommendation (5): Stoltze, Chenault, Croft, Fate, Harris 2004-05-06 House Journal Page 3888 The following fiscal note(s) apply: 2. Fiscal, Dept. of Revenue CSSB 231(FIN) was referred to the Rules Committee for placement on the calendar. **The presence of Representative Williams was noted. SB 260 The Community & Regional Affairs Committee has considered: CS FOR SENATE BILL NO. 260(TRA) am "An Act relating to metropolitan planning organizations and to the policy board of the metropolitan planning organization for the Anchorage metropolitan area; relating to transportation planning in federally recognized metropolitan planning areas; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 260(TRA) (same title) The report was signed by Representative Wolf, Vice Chair, with the following individual recommendations: Do pass (4): Kott, Anderson, Samuels, Wolf Do not pass (2): Cissna, Kookesh The following fiscal note(s) apply: 1. Zero, Dept. of Transportation & Public Facilities CSSB 260(TRA) am was referred to the Rules Committee for placement on the calendar. SB 272 The Labor & Commerce Committee has considered: 2004-05-06 House Journal Page 3889 CS FOR SENATE BILL NO. 272(FIN) "An Act relating to certain monetary advances in which the deposit or other negotiation of checks to pay the advances is delayed until a later date; and providing for an effective date." The report was signed by Representative Anderson, Chair, with the following individual recommendations: Do pass (5): Gatto, Rokeberg, Dahlstrom, Lynn, Anderson The following fiscal note(s) apply: 2. Fiscal, Dept. of Community & Economic Development CSSB 272(FIN) was referred to the Finance Committee. SB 276 The Finance Committee has considered: 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." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 276(JUD) (same title) The report was signed by Representatives Harris and Williams, Co- chairs, with the following individual recommendations: Do pass (4): Hawker, Croft, Foster, Williams No recommendation (7): Meyer, Stoltze, Joule, Moses, Chenault, Fate, Harris 2004-05-06 House Journal Page 3890 The following fiscal note(s) apply to HCS CSSB 276(JUD): 7. Zero, Dept. of Administration 8. Zero, Dept. of Community & Economic Development 9. Zero, Dept. of Community & Economic Development CSSB 276(FIN) is on today's calendar. SB 278 The Finance Committee has considered: CS FOR SENATE BILL NO. 278(FIN) "An Act relating to fees for the inspection of recreational devices, including instructional devices, for certificates of fitness for electrical wiring and plumbing, and for licenses for boiler operators; relating to the building safety account; and providing for an effective date." The report was signed by Representative Williams, Co-Chair, with the following individual recommendations: Do pass (3): Meyer, Foster, Williams No recommendation (5): Hawker, Stoltze, Croft, Chenault, Fate The following fiscal note(s) apply: 3. Zero, Dept. of Labor & Workforce Development 4. Fiscal, Dept. of Labor & Workforce Development CSSB 278(FIN) was referred to the Rules Committee for placement on the calendar. SB 288 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 288(JUD) "An Act relating to temporary custody hearings, and to certain determinations concerning placement of a child in child-in-need- of-aid proceedings; and providing for an effective date." 2004-05-06 House Journal Page 3891 The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (7): Samuels, Holm, Gara, Gruenberg, Ogg, Anderson, McGuire The following fiscal note(s) apply: 1. Fiscal, Dept. of Health & Social Services CSSB 288(JUD) was referred to the Finance Committee. SB 316 The Judiciary Committee has considered: SENATE BILL NO. 316 "An Act relating to motor vehicle safety belt violations." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 316(TRA) (same title) The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (1): McGuire Do not pass (1): Holm No recommendation (3): Anderson, Ogg, Gruenberg Amend (2): Samuels, Gara The following fiscal note(s) apply to HCS SB 316(TRA): 1. Zero, Dept. of Public Safety 2. Zero, Dept. of Transportation & Public Facilities 2004-05-06 House Journal Page 3892 SB 316 was referred to the Rules Committee for placement on the calendar. SB 349 The Finance Committee has considered: SENATE BILL NO. 349 "An Act requiring licensure of midwifery birth centers; and providing for an effective date." The report was signed by Representative Williams, Co-chair, with the following individual recommendations: Do pass (8): Meyer, Hawker, Joule, Croft, Moses, Fate, Foster, Williams No recommendation (1): Stoltze The following fiscal note(s) apply: 1. Fiscal, Dept. of Health & Social Services SB 349 was referred to the Rules Committee for placement on the calendar. SB 351 The Finance Committee has considered: CS FOR SENATE BILL NO. 351(FIN) "An Act requiring the Alaska Public Offices Commission to accept documents by nonelectronic means, and specifying the manner of preparing the forms that are provided by the commission." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 351(STA) (same title) 2004-05-06 House Journal Page 3893 The report was signed by Representatives Harris and Williams, Co- chairs, with the following individual recommendations: Do pass (7): Meyer, Hawker, Moses, Fate, Foster, Harris, Williams No recommendation (1): Croft The following fiscal note(s) apply to HCS CSSB 351(STA): 1. Indeterminate, Dept. of Administration CSSB 351(FIN) was referred to the Rules Committee for placement on the calendar. SB 365 The Finance Committee has considered: CS FOR SENATE BILL NO. 365(FIN) "An Act relating to the regulation of speech-language pathologist assistants; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 365(FIN) (same title) The report was signed by Representatives Harris and Williams, Co- chairs, with the following individual recommendations: Do pass (10): Meyer, Hawker, Joule, Croft, Moses, Chenault, Fate, Foster, Harris, Williams The following fiscal note(s) apply to HCS CSSB 365(FIN): 1. Fiscal, Dept. of Community & Economic Development CSSB 365(FIN) was referred to the Rules Committee for placement on the calendar. 2004-05-06 House Journal Page 3894 SB 382 The Community & Regional Affairs Committee has considered: CS FOR SENATE BILL NO. 382(CRA) am "An Act relating to replat approval; relating to the platting of right-of-way acquired through eminent domain proceedings; and providing for an effective date." The report was signed by Representative Morgan, Chair, with the following individual recommendations: Do pass (2): Kott, Morgan Do not pass (1): Wolf No recommendation (1): Cissna The following fiscal note(s) apply: 1. Zero, Dept. of Transportation & Public Facilities CSSB 382(CRA) am was referred to the Transportation Committee. SB 387 The Community & Regional Affairs Committee has considered: SENATE BILL NO. 387 am "An Act authorizing the making of certain commercial fishing loans to eligible community quota entities for the purchase of certain fishing quota shares; and providing for an effective date." The report was signed by Representative Morgan, Chair, with the following individual recommendations: Do pass (6): Kott, Anderson, Samuels, Cissna, Kookesh, Morgan No recommendation (1): Wolf 2004-05-06 House Journal Page 3895 The following fiscal note(s) apply: 1. Zero, Dept. of Community & Economic Development 2. Zero, Dept. of Fish & Game SB 387 am was referred to the Finance Committee. SB 389 The Finance Committee has considered: SENATE BILL NO. 389 "An Act relating to the conversion of certain corporations to limited liability companies; and providing for an effective date." The report was signed by Representatives Harris and Williams, Co- chairs, with the following individual recommendations: Do pass (7): Meyer, Joule, Croft, Moses, Fate, Foster, Williams No recommendation (4): Hawker, Stoltze, Chenault, Harris The following fiscal note(s) apply: 1. Zero, Dept. of Community & Economic Development 2. Zero, Dept. of Revenue SB 389 was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: In Memoriam - Sonya Dora Ivanoff By Senator Olson; Representative Foster In Memoriam - W.W. "Bud" Kasulka By Senator Gary Stevens; Representative Seaton 2004-05-06 House Journal Page 3896 In Memoriam - Joseph Maxwell "Max" Hamilton By Senator Gary Stevens; Representative Seaton In Memoriam - Susan Tanape By Senator Gary Stevens; Representative Seaton In Memoriam - Betty Lorenson By Senator Gary Stevens; Representative Ogg In Memoriam - Mike Tunahon By Senator Gary Stevens; Representative Ogg INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HCR 39 HOUSE CONCURRENT RESOLUTION NO. 39 by the House Rules Committee by request of the House Special Committee on Economic Development, International Trade, and Tourism: Establishing the Alaska Royalty and Revenue Task Force. was read the first time and referred to the Rules Committee. HCR 40 HOUSE CONCURRENT RESOLUTION NO. 40 by the House Finance Committee: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 170, relating to criminal law. was read the first time and referred to the Rules Committee for placement on the calendar. **The presence of Representative Kapsner was noted. 2004-05-06 House Journal Page 3897 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 255 The following was read the second time: HOUSE BILL NO. 255 "An Act amending the Alaska Wage and Hour Act as it relates to flexible work hour plans, the provision of training wages, and the definitions of certain terms; and repealing the exemption in the Act from the payment of minimum wages for learners." with the: Journal Page L&C RPT CS(L&C) 4DP 2AM 1090 FN1: ZERO(LWF) 1091 FIN RPT CS(FIN) NT 4DP 5NR 3880 FN2: ZERO(LWF) 3881 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. 255(FIN) "An Act amending the Alaska Wage and Hour Act as it relates to the scope of administrative regulations defining a person employed in a bona fide executive, administrative, or professional capacity as it pertains to minimum salaries." Amendment No. 1 (title amendment) was offered by Representatives Rokeberg and Croft: Page 1, line 3, following "salaries": Insert "to require that the minimum salary for that individual be two times the minimum wage for the first forty hours of employment each week" Representative Rokeberg moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, Amendment No. 1 was adopted and the new title follows: 2004-05-06 House Journal Page 3898 CS FOR HOUSE BILL NO. 255(FIN)(title am) "An Act amending the Alaska Wage and Hour Act as it relates to the scope of administrative regulations defining a person employed in a bona fide executive, administrative, or professional capacity as it pertains to minimum salaries to require that the minimum salary for that individual be two times the minimum wage for the first forty hours of employment each week." Representative Coghill moved and asked unanimous consent that CSHB 255(FIN)(title am) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 255(FIN)(title am) was read the third time. The question being: "Shall CSHB 255(FIN)(title am) pass the House?" The roll was taken with the following result: CSHB 255(FIN)(title am) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Anderson, Berkowitz, Chenault, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Absent: Cissna, Masek And so, CSHB 255(FIN)(title am) passed the House and was referred to the Chief Clerk for engrossment. HB 563 The following was read the second time: HOUSE BILL NO. 563 "An Act relating to open meetings guidelines applicable to legislators, to the confidentiality of complaints and proceedings 2004-05-06 House Journal Page 3899 involving alleging violations of AS 24.60, and to hearings on formal charges by the Select Committee on Legislative Ethics or its subcommittees." with the: Journal Page JUD RPT CS(JUD) NT 2DP 4NR 3883 FN1: ZERO(LEG) 3883 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. 563(JUD) "An Act relating to legislative branch ethics, to open meetings guidelines applicable to legislators, to the confidentiality of complaints and proceedings involving alleged violations of AS 24.60, and to hearings on formal charges by the Select Committee on Legislative Ethics or its subcommittees." There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 563(JUD) be considered engrossed, advanced to third reading, and placed on final passage. Objection was heard. CSHB 563(JUD) will advance to third reading on tomorrow's calendar. SECOND READING OF SENATE BILLS SB 31 The following was read the second time: CS FOR SENATE BILL NO. 31(RES) am "An Act relating to a transportation corridor for extension of the Alaska Railroad to Canada and to extension of the Alaska Railroad to connect with the North American railroad system." 2004-05-06 House Journal Page 3900 with the: Journal Page TRA RPT 3DP 4NR 3828 FN2: ZERO(DOT) 3828 FN3: ZERO(CED) 3828 FN4: ZERO(DNR) 3828 Representative Coghill moved and asked unanimous consent that CSSB 31(RES) am be considered engrossed, advanced to third reading, and placed on final passage. Objection was heard. CSSB 31(RES) am will advance to third reading on tomorrow's calendar. SB 239 The following was read the second time: CS FOR SENATE BILL NO. 239(HES) am "An Act relating to the required number of days or hours in session in a school year; and providing for an effective date." with the: Journal Page HES RPT 1DP 4NR 3830 FN1: ZERO(EED) 3831 Representative Coghill moved and asked unanimous consent that CSSB 239(HES) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSSB 239(HES) am was read the third time. The question being: "Shall CSSB 239(HES) am pass the House?" The roll was taken with the following result: 2004-05-06 House Journal Page 3901 CSSB 239(HES) am 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, CSSB 239(HES) am passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSSB 239(HES) am was signed by the Speaker and Chief Clerk and returned to the Senate. SB 255 The following was read the second time: CS FOR SENATE BILL NO. 255(FIN) "An Act relating to traffic preemption devices." with the: Journal Page TRA RPT 6DP 3579 FN1: ZERO(DPS); FN2: ZERO(DPS) 3580 FN3: ZERO(LAW) 3580 FN4: INDETERMINATE(ADM) 3580 JUD RPT 7DP 3787 FN1: ZERO(DPS); FN2: ZERO(DPS) 3788 FN3: ZERO(LAW) 3788 FN4: INDETERMINATE(ADM) 3788 2004-05-06 House Journal Page 3902 Representative Coghill moved and asked unanimous consent that CSSB 255(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSSB 255(FIN) was read the third time. The question being: "Shall CSSB 255(FIN) pass the House?" The roll was taken with the following result: CSSB 255(FIN) 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, CSSB 255(FIN) passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. The Speaker stated that, without objection, the House would recess; and so, the House recessed at 3:01 p.m. AFTER RECESS The Speaker called the House back to order at 7:12 p.m. SECOND READING OF SENATE BILLS (continued) SB 276 The following was read the second time: 2004-05-06 House Journal Page 3903 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." with the: Journal Page L&C REFERRAL WAIVED 3265 JUD RPT HCS(JUD) 7DP 3445 FN7: ZERO(ADM) 3446 FN8: ZERO(CED) 3446 FN9: ZERO(CED) 3446 FIN RPT HCS(JUD) 4DP 7NR 3889 FN7: ZERO(ADM) 3890 FN8: ZERO(CED) 3890 FN9: ZERO(CED) 3890 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 276(JUD) (same title) There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that HCS CSSB 276(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HCS CSSB 276(JUD) was read the third time. The question being: "Shall HCS CSSB 276(JUD) pass the House?" The roll was taken with the following result: HCS CSSB 276(JUD) Third Reading Final Passage YEAS: 33 NAYS: 1 EXCUSED: 0 ABSENT: 6 2004-05-06 House Journal Page 3904 Yeas: Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Harris, Hawker, Heinze, Kapsner, Kerttula, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Nays: Kohring Absent: Anderson, Chenault, Guttenberg, Holm, Joule, Seaton And so, HCS CSSB 276(JUD) passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HCS CSSB 276(JUD) was referred to the Chief Clerk for engrossment. RECONSIDERATION SB 286 Representative Kohring brought up reconsideration of the vote on CSSB 286(FIN) (page 3852). The following was again before the House in third reading: CS FOR SENATE BILL NO. 286(FIN) "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." The question to be reconsidered: "Shall CSSB 286(FIN) pass the House?" The roll was taken with the following result: CSSB 286(FIN)--RECONSIDERATION Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 0 ABSENT: 3 2004-05-06 House Journal Page 3905 Yeas: Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Absent: Chenault, Holm, Joule And so, CSSB 286(FIN) passed the House on reconsideration. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSSB 286(FIN) was signed by the Speaker and Chief Clerk and returned to the Senate. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS (continued) SB 328 The following was read the second time: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 328(FIN) "An Act relating to the national forest income program in the Department of Community and Economic Development and to the authority of the department to adopt regulations; making conforming amendments; and providing for an effective date." with the: Journal Page CRA RPT HCS(CRA) 3DP 1NR 3619 FN1: ZERO(CED) 3620 FIN RPT HCS(CRA) 5DP 3NR 3788 FN1: ZERO(CED) 3789 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 2004-05-06 House Journal Page 3906 HOUSE CS FOR CS FOR SS FOR SENATE BILL NO. 328(CRA) (same title) There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that HCS CSSSSB 328(CRA) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HCS CSSSSB 328(CRA) was read the third time. The question being: "Shall HCS CSSSSB 328(CRA) pass the House?" The roll was taken with the following result: HCS CSSSSB 328(CRA) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Absent: Holm And so, HCS CSSSSB 328(CRA) passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HCS CSSSSB 328(CRA) was referred to the Chief Clerk for engrossment. SB 337 The following was read the second time: 2004-05-06 House Journal Page 3907 CS FOR SENATE BILL NO. 337(L&C) "An Act relating to the powers of the Alaska Energy Authority to make grants and loans, to enter into contracts, and to improve, equip, operate, and maintain bulk fuel, waste energy, energy conservation, energy efficiency, and alternative energy facilities and equipment; relating to the bulk fuel revolving loan fund; relating to the Alaska Energy Authority's liability for the provision of technical assistance to rural utilities; relating to the Alaska Energy Authority's investment of the power development fund; repealing the electrical service extension fund; and providing for an effective date." with the: Journal Page CRA REFERRAL WAIVED 3717 FIN RPT HCS(FIN) NT 2DP 4NR 3832 FN1: ZERO(REV) 3833 FN2: ZERO(CED) 3833 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 337(FIN) "An Act relating to the powers of the Alaska Energy Authority to make grants and loans, to enter into contracts, and to improve, equip, operate, and maintain bulk fuel, waste energy, energy conservation, energy efficiency, and alternative energy facilities and equipment; relating to the bulk fuel revolving loan fund; relating to the Alaska Energy Authority's liability for the provision of technical assistance to rural utilities; relating to the continuation of the motor fuel tax rate for fuel produced from the processing of lignocellulose from wood or waste seafood; relating to the Alaska Energy Authority's investment of the power development fund; repealing the electrical service extension fund; and providing for an effective date." (HCR 38 - title change resolution) There being no objection, it was so ordered. 2004-05-06 House Journal Page 3908 Representative Coghill moved and asked unanimous consent that HCS CSSB 337(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HCS CSSB 337(FIN) was read the third time. The question being: "Shall HCS CSSB 337(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 337(FIN) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Absent: Holm, Seaton And so, HCS CSSB 337(FIN) passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HCS CSSB 337(FIN) was referred to the Chief Clerk for engrossment. THIRD READING OF SENATE BILLS SB 194 The Speaker stated that, without objection, the following, which was advanced to third reading from the May 5, 2004, calendar (page 3846), would be moved to the bottom of the calendar: HOUSE CS FOR CS FOR SENATE BILL NO. 194(L&C) "An Act authorizing delivery of up to two bottles of distilled spirits or 72 ounces of beer to a cruise ship passenger or hotel guest." 2004-05-06 House Journal Page 3909 SB 322 The following, which was advanced to third reading from the May 5, 2004, calendar (page 3846), was read the third time: SENATE BILL NO. 322 "An Act relating to the rate of the salmon enhancement tax." 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 Fate - from 7:45 p.m. tonight to 8:00 a.m., May 7, 2004 Representative Holm - remainder of the evening The question being: "Shall SB 322 pass the House?" The roll was taken with the following result: SB 322 Third Reading Final Passage YEAS: 36 NAYS: 1 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Nays: Kohring Excused: Holm Absent: Anderson, Rokeberg And so, SB 322 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. SB 273 The following, which was advanced to third reading from the May 5, 2004, calendar (page 3849), was read the third time: 2004-05-06 House Journal Page 3910 HOUSE CS FOR CS FOR SENATE BILL NO. 273(FIN) "An Act amending the size, membership, and powers of the board of directors of the Alaska Seafood Marketing Institute and making a corresponding change in the quorum requirement; authorizing the establishment of the seafood marketing assessment at a rate of 0.5 percent or 0.6 percent of the value of seafood products produced; providing for an election to retain, terminate, or increase the seafood marketing assessment; providing for the repeal of the salmon marketing tax and provisions related to the salmon marketing tax; and providing for an effective date." The question being: "Shall HCS CSSB 273(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 273(FIN) Third Reading Final Passage YEAS: 28 NAYS: 10 EXCUSED: 1 ABSENT: 1 Yeas: Chenault, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Harris, Hawker, Heinze, Joule, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Nays: Berkowitz, Cissna, Coghill, Crawford, Gruenberg, Guttenberg, Kapsner, Kerttula, Kohring, Kookesh Excused: Holm Absent: Anderson Cissna changed from "Yea" to "Nay". Crawford changed from "Yea" to "Nay". Gruenberg changed from "Yea" to "Nay". And so, HCS CSSB 273(FIN) passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. Representative Berkowitz objected. 2004-05-06 House Journal Page 3911 The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: HCS CSSB 273(FIN) Third Reading Effective Date YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Holm Absent: Anderson And so, the effective date clause was adopted. Representative Gruenberg gave notice of reconsideration of the vote on HCS CSSB 273(FIN). **Representative Fate, who had been previously excused (page 3909), left the Chamber. SECOND READING OF HOUSE RESOLUTIONS HR 10 The following was read the second time: HOUSE RESOLUTION NO. 10 Relating to the National Day of Prayer. Amendment No. 1 was offered by Representatives Coghill and Kerttula: Page 1, lines 7 - 9: Delete all material and insert: 2004-05-06 House Journal Page 3912 "WHEREAS the vision of the National Day of Prayer is to encourage every person, regardless of religion, to express their faith through prayer, particularly on behalf of our nation and its leaders; and" Representative Coghill moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. The question being: "Shall HR 10 am pass the House?" The roll was taken with the following result: HR 10 am Second Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Fate, Holm Absent: Heinze And so, HR 10 am passed the House and was referred to the Chief Clerk for engrossment and enrollment. RECONSIDERATION SB 327 Representative Stoltze brought up reconsideration of the vote on CSSB 327(STA)(fld H) (page 3861). The following was again before the House in third reading: CS FOR SENATE BILL NO. 327(STA) "An Act relating to pedestrians using rollerblades, roller skates, and rollerskis." 2004-05-06 House Journal Page 3913 Representative Stoltze moved and asked unanimous consent that CSSB 327(STA) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Stoltze, Holm, and Stepovich: Page 1, lines 4 - 11: Delete all material and insert: "(9) The department shall allow pedestrians to use wheeled adjuncts, such as roller blades, roller skates, and rollerskis on roadways and vehicular ways or areas available for use by bicycles." Representative Stoltze moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Guttenberg objected. Amendment to Amendment No. 1 was offered by Representative Guttenberg: Delete "or" Insert "and" Representative Guttenberg moved and asked unanimous consent that Amendment to Amendment No. 1 be adopted. There being no objection, it was so ordered. There being no further objection, Amendment No. 1 as amended was adopted. Representative Gara moved and asked unanimous consent that CSSB 327(STA) am H 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 (to CSSB 327(STA) am H) was offered by Representative Gara: 2004-05-06 House Journal Page 3914 Following "allow" (in Amendment No. 1): Insert ", unless prohibited by an ordinance of a governmental subdivision of the state," Representative Gara moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 2 was adopted. Amendment No. 3 was not offered. The question to be reconsidered: "Shall CSSB 327(STA) am H pass the House?" The roll was taken with the following result: CSSB 327(STA) am H--RECONSIDERATION Third Reading Final Passage YEAS: 36 NAYS: 1 EXCUSED: 2 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Nays: Kohring Excused: Fate, Holm Absent: Heinze And so, CSSB 327(STA) am H passed the House on reconsideration and was referred to the Chief Clerk for engrossment. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE RESOLUTIONS (continued) HCR 38 The following was read the second time: 2004-05-06 House Journal Page 3915 HOUSE CONCURRENT RESOLUTION NO. 38 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 337, relating to the powers of the Alaska Energy Authority to make grants and loans, to enter into contracts, and to improve, equip, operate, and maintain bulk fuel, waste energy, energy conservation, energy efficiency, and alternative energy facilities and equipment; relating to the bulk fuel revolving loan fund; relating to the Alaska Energy Authority's liability for the provision of technical assistance to rural utilities; relating to the Alaska Energy Authority's investment of the power development fund; and repealing the electrical service extension fund. The question being: "Shall HCR 38 pass the House?" The roll was taken with the following result: HCR 38 Second Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 2 ABSENT: 2 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson Excused: Fate, Holm Absent: McGuire, Wolf And so, HCR 38 passed the House and was referred to the Chief Clerk for engrossment. HCR 39 The Speaker stated that, without objection, the following, which is in the Rules Committee, would be moved to the bottom of the calendar: HOUSE CONCURRENT RESOLUTION NO. 39 Establishing the Alaska Royalty and Revenue Task Force. 2004-05-06 House Journal Page 3916 SECOND READING OF SENATE RESOLUTIONS SJR 25 The following was read the second time: SENATE JOINT RESOLUTION NO. 25 Recommending that certain federal funding restrictions be eased so that more villages in Alaska would qualify for assistance relating to flooding and erosion. with the: Journal Page CRA RPT 5DP 3536 FN1: ZERO(CED) 3536 STA RPT 5DP 3731 FN1: ZERO(CED) 3732 Representative Coghill moved and asked unanimous consent that SJR 25 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. SJR 25 was read the third time. The question being: "Shall SJR 25 pass the House?" The roll was taken with the following result: SJR 25 Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 2 ABSENT: 4 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Stepovich, Stoltze, Weyhrauch, Williams, Wilson Excused: Fate, Holm Absent: Gara, McGuire, Seaton, Wolf And so, SJR 25 passed the House. 2004-05-06 House Journal Page 3917 Representative Stoltze gave notice of reconsideration of the vote on SJR 25. **The presence of Representative Holm, who had been previously excused from a call of the House (page 3909), was noted. THIRD READING OF SENATE BILLS (continued) SB 194 The following, which had been moved to the bottom of the calendar (page 3908), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 194(L&C) "An Act authorizing delivery of up to two bottles of distilled spirits or 72 ounces of beer to a cruise ship passenger or hotel guest." The Speaker stated that, without objection, HCS CSSB 194(L&C) would be held to tomorrow's calendar. SECOND READING OF HOUSE RESOLUTIONS (continued) HCR 39 The following, which had been moved to the bottom of the calendar (page 3916), was in the Rules Committee: HOUSE CONCURRENT RESOLUTION NO. 39 Establishing the Alaska Royalty and Revenue Task Force. LEGISLATIVE CITATIONS Representative Coghill moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - June Liebing By Representatives Gatto, Kott, Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Gara, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf 2004-05-06 House Journal Page 3918 Honoring - Sondra Markwardt By Representatives Gatto, Kott, Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Gara, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Honoring - Charles H. Benson, Jr. and Celeste Haimbach Benson By Representatives Gara, Kott, Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf; Senator Ellis Honoring - Joan Hamilton By Representatives Kapsner, Kott, Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kerttula, Kohring, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Honoring - 25th Anniversary, Snowshoe Elementary School By Representatives Stoltze, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson, Wolf; Senator Ogan Honoring - Peter Bullock By Senator Davis; Representatives Kott, Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf 2004-05-06 House Journal Page 3919 Honoring - Cecilia Kunz By Senator Elton; Representatives Weyhrauch, Kerttula, Kott, Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kohring, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams, Wilson, Wolf Honoring - Benjamin D. Coronell Upon His Retirement By Senator Elton; Representatives Weyhrauch, Kerttula, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kohring, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams, Wilson, Wolf Honoring - Ninilchik Lady Wolverines, Girls Basketball Team - 2003- 2004 District III Class ~ 2A State Champions By Senator Wagoner; Representatives Chenault, Kott, Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf In Memoriam - Charles Henry "Hank" Rosenthal By Representatives Berkowitz, Kott, Anderson, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf In Memoriam - Eva Renate Asbury By Representatives Seaton, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf; Senator Gary Stevens 2004-05-06 House Journal Page 3920 In Memoriam - Peter Ivor Elvsaas, Sr. By Representatives Seaton, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf; Senator Gary Stevens In Memoriam - Emil V. Nelson By Representatives Seaton, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf; Senator Gary Stevens In Memoriam - Robert Lawrence Pelkey, Sr. By Representatives Seaton, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf In Memoriam - Edward Edson Schofield By Representatives Seaton, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf UNFINISHED BUSINESS HB 468 The Speaker stated that, without objection, reconsideration of the following, which had been held to today (page 3867), will be held to May 7, 2004: 2004-05-06 House Journal Page 3921 CS FOR HOUSE BILL NO. 468(JUD)(ct rule fld) "An Act relating to the amount of the bond required to stay execution of a judgment in civil litigation involving a signatory, a successor of a signatory, or an affiliate of a signatory to the tobacco product Master Settlement Agreement during an appeal; and providing for an effective date." HB 255 Representative Lynn added his name as cosponsor to: CS FOR HOUSE BILL NO. 255(FIN)(title am) "An Act amending the Alaska Wage and Hour Act as it relates to the scope of administrative regulations defining a person employed in a bona fide executive, administrative, or professional capacity as it pertains to minimum salaries to require that the minimum salary for that individual be two times the minimum wage for the first forty hours of employment each week." SB 31 Representative Lynn added his name as cross sponsor to: CS FOR SENATE BILL NO. 31(RES) am "An Act relating to a transportation corridor for extension of the Alaska Railroad to Canada and to extension of the Alaska Railroad to connect with the North American railroad system." SB 327 Representative Lynn added his name as cross sponsor to: CS FOR SENATE BILL NO. 327(STA) am H "An Act relating to pedestrians using rollerblades, roller skates, and rollerskis." SB 328 Representative Lynn added his name as cross sponsor to: HOUSE CS FOR CS FOR SS FOR SENATE BILL NO. 328(CRA) "An Act relating to the national forest income program in the Department of Community and Economic Development and to the 2004-05-06 House Journal Page 3922 authority of the department to adopt regulations; making conforming amendments; and providing for an effective date." ENGROSSMENT HCR 38 HCR 38 was engrossed and signed by the Speaker and Chief Clerk. HB 255 CSHB 255(FIN)(title am) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 276 HCS CSSB 276(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 327 CSSB 327(STA) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 328 HCS CSSSSB 328(CRA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 337 HCS CSSB 337(FIN) was engrossed and signed by the Speaker and Chief Clerk. 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., May 7, 2004. There being no objection, the House adjourned at 8:44 p.m. Suzi Lowell Chief Clerk