Legislature(2005 - 2006)
2005-03-02 House Journal
Full Journal pdf2005-03-02 House Journal Page 0475 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE - FIRST SESSION Juneau, Alaska Wednesday March 2, 2005 Fifty-second Day Pursuant to adjournment the House was called to order by Speaker Harris at 10:10 a.m. Roll call showed 31 members present. Representatives Guttenberg, Kelly, and Lynn had been previously excused from a call of the House today. Representatives Croft, Gara, Kapsner, Kerttula, Kott, and Weyhrauch were absent and their presence was noted later. The invocation was offered by the Chaplain, Pastor Robert Sherwood of the Church of the Nazarene. Representative LeDoux moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. My daughter had a premonition that she or someone close to her was going to die. So we stopped on the on-ramp to the Florida turnpike and we prayed for her mom, dad, brother, grandparents, aunts, uncles, and our church. Then we continued home. The next day at 3:30, I was on my way home from the gym at Homestead Air Force Base. The traffic slowed to a crawl. There was an accident at the corner of Allapathah and Coconut Palm. As I looked, it was my station wagon in the intersection. I pulled over, saw my son on the side of the road and asked him if he was okay. He said he was okay but mom and Krissy were not. I ran to the driver's side of the car, which was missing, and my daughter was bleeding from her face and head, screaming, "I don't want to die." A P.J. from my reserve air rescue unit came up and said, "Get in the back 2005-03-02 House Journal Page 0476 seat and hold her head" so she wouldn't aggravate any neck injuries. I went around the other side of the car to get in. My wife was in the front seat turning blue with a large bloody gash on her knee. I held Krissy's head and told my wife to go to manual, breathe intentionally; she had hit her diaphragm on the dash and had broken several ribs. The rescue folks arrived and took over. Two French Allouette helicopters landed in the intersection and took my bleeding family to the nearest medical center. Driving to the medical center at an illegal speed, I was angry at God and asked Him, "What in the name of Yourself are You doing?" He brought to mind that we had prayed about this last night and my family would be okay. The next day I read in the paper that two people had died in that accident - fortunately they had not. I read that it was also the first day the emergency trauma center was open and helicopters were available to bring trauma victims to nearby hospitals. May God protect these men and women here, dear God, when they pray to You. May they love mercy, may they do justice, and may they walk humbly with their God and in their hour of need, may You hear their prayer. In Jesus' name. Amen. The Pledge of Allegiance was led by Representative Rokeberg. CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 51st legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. **The presence of Representatives Kerttula, Kott, and Gara was noted. 2005-03-02 House Journal Page 0477 REPORTS OF STANDING COMMITTEES HB 35 The Finance Committee has considered: HOUSE BILL NO. 35 "An Act extending the termination date of the State Board of Registration for Architects, Engineers, and Land Surveyors; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 35(FIN) "An Act extending the termination date of the State Board of Registration for Architects, Engineers, and Land Surveyors; relating to the membership of the State Board of Registration for Architects, Engineers, and Land Surveyors; and providing for an effective date." The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (4): Hawker, Foster, Moses, Croft Do not pass (1): Stoltze No recommendation (4): Joule, Weyhrauch, Meyer, Chenault The following fiscal note(s) apply to CSHB 35(FIN): 1. Fiscal, Dept. of Commerce, Community, & Economic Development HB 35 was referred to the Rules Committee for placement on the calendar. HB 100 The Health, Education & Social Services Committee has considered: 2005-03-02 House Journal Page 0478 HOUSE BILL NO. 100 "An Act relating to a lease-purchase agreement for the construction, equipping, and financing of a state virology laboratory in Fairbanks, on land provided by the University of Alaska, Fairbanks, to be operated by the Department of Health and Social Services; relating to the issuance of certificates of participation for the laboratory; relating to the use of certain investment income for certain construction and equipment costs for the laboratory; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 100(STA) "An Act relating to a lease-purchase agreement for the construction, equipping, and financing of a state virology laboratory in Fairbanks to be operated by the Department of Health and Social Services; relating to the issuance of certificates of participation for the laboratory; relating to the use of certain investment income for certain construction and equipment costs for the laboratory; and providing for an effective date." The report was signed by Representative Wilson, Chair, with the following individual recommendations: Do pass (4): Cissna, Gardner, Seaton, Wilson No recommendation (1): Kohring The following fiscal note(s) apply to CSHB 100(STA): 1. Fiscal, Dept. of Health & Social Services 2. Fiscal, Dept. of Health & Social Services 3. Fiscal, Dept. of Revenue HB 100 was referred to the Finance Committee. HB 116 The State Affairs Committee has considered: 2005-03-02 House Journal Page 0479 HOUSE BILL NO. 116 "An Act relating to the liability of certain persons for entry and remaining on licensed premises." and recommends it be replaced with: CS FOR HOUSE BILL NO. 116(STA) "An Act relating to the liability of certain persons for certain violations of alcoholic beverages laws." The report was signed by Representative Seaton, Chair, with the following individual recommendations: Do pass (3): Gardner, Gatto, Seaton Do not pass (2): Ramras, Elkins Amend (1): Gruenberg The following fiscal note(s) apply to CSHB 116(STA): 1. Zero, Dept. of Public Safety HB 116 was referred to the Judiciary Committee. REPORTS OF SPECIAL COMMITTEES SB 56 The Conference Committee considering: HOUSE CS FOR CS FOR SENATE BILL NO. 56(FIN) am H "An Act relating to criminal law and procedure, criminal sentences, and probation and parole; and providing for an effective date." and CS FOR SENATE BILL NO. 56(JUD) (same title) 2005-03-02 House Journal Page 0480 requests limited powers of free conference on the following specific point(s): Except in the case of an offense defined under AS 11.41 or AS 11.46.400, the defendant committed the offense while suffering from a mental disorder or disability, including fetal alcohol spectrum disorder, that was insufficient to constitute a complete defense but that significantly affected the defendant's conduct. The request was signed by Representatives Samuels (Chair), Coghill, Gruenberg; and Senators Therriault (Chair), Seekins, French. The Speaker granted the limited powers of free conference as requested. **The presence of Representative Kapsner was noted. The Conference Committee with limited powers of free conference considering HCS CSSB 56(FIN) am H and CSSB 56(JUD) recommends the following be adopted: CONFERENCE CS FOR SENATE BILL NO. 56 "An Act relating to criminal law and procedure, criminal sentences, and probation and parole; and providing for an effective date." The report was signed by Representatives Samuels (Chair), Coghill, Gruenberg; and Senators Therriault (Chair), Seekins, French. The following fiscal note(s) apply to CCS SB 56: 1. Zero, Dept. of Law 4. Zero, Dept. of Public Safety 6. Zero, Dept. of Corrections 7. Zero, Dept. of Corrections 8. Indeterminate, Dept. of Administration 9. Indeterminate, Dept. of Administration 10. Indeterminate, Alaska Court System 2005-03-02 House Journal Page 0481 **The presence of Representative Croft was noted. Representative Coghill moved that the House adopt the Conference Committee report, thus adopting CCS SB 56. The question being: "Shall the House adopt the Conference Committee report?" The roll was taken with the following result: CCS SB 56 Adopt Conference Committee Report YEAS: 36 NAYS: 0 EXCUSED: 3 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kott, LeDoux, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Guttenberg, Kelly, Lynn Absent: Weyhrauch And so, the House adopted the Conference Committee report, thus adopting CCS SB 56. 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. The Chief Clerk notified the Senate. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Lynda Adams, Alaskan for Drug-Free Youth By Senator Stedman; Representative Elkins In Memoriam - Grace Alice Johnson By Representative Foster 2005-03-02 House Journal Page 0482 INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 53 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 53 by Representatives Coghill, Ramras, Rokeberg, Kelly, and McGuire, entitled: "An Act relating to child-in-need-of-aid proceedings; amending the construction of statutes pertaining to children in need of aid; relating to a duty and standard of care for services to children and families, to the confidentiality of investigations, court hearings, and public agency records and information in child-in-need-of-aid matters and certain child protection matters, to immunity regarding disclosure of information in child-in-need-of-aid matters and certain child protection matters, to the retention of certain privileges of a parent in a relinquishment and termination of a parent and child relationship proceeding, to eligibility for permanent fund dividends for certain children in the custody of the state, and to juvenile delinquency proceedings and placements; establishing a right to a trial by jury in termination of parental rights proceedings; reestablishing and relating to state citizens' review panels for certain child protection and custody matters; amending the duty to disclose information pertaining to a child in need of aid; authorizing additional family members to consent to disclosure of confidential or privileged information about children and families involved with children's services within the Department of Health and Social Services to officials for review or use in official capacities; relating to reports of harm and to adoptions and foster care; mandating reporting of the medication of children in state custody; prescribing the rights of grandparents related to child-in-need-of-aid cases and establishing a grandparent priority for adoption in certain child-in-need-of-aid cases; modifying adoption and placement procedures in certain child-in-need-of-aid cases; amending treatment service requirements for parents involved in child-in-need-of-aid proceedings; amending Rules 9 and 13, Alaska Adoption Rules; amending Rules 3, 18, and 22, Alaska Child in Need of Aid Rules of Procedure; and providing for an effective date." 2005-03-02 House Journal Page 0483 was read the first time and referred to the Health, Education & Social Services, Judiciary, and Finance Committees. **The presence of Representative Weyhrauch was noted. HB 191 HOUSE BILL NO. 191 by Representative Kelly, entitled: "An Act relating to defined contribution systems for members of the teachers' retirement system and the public employees' retirement system; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. HB 192 HOUSE BILL NO. 192 by the House Rules Committee by request of the Governor, entitled: "An Act relating to requirements to obtain and maintain a fisheries business license; relating to security required of fish processors and primary fish buyers; and providing for an effective date." was read the first time and referred to the House Special Committee on Fisheries and the Labor & Commerce and Finance Committees. The following fiscal note(s) apply: 1. Zero, Dept. of Commerce, Community, & Economic Development 2. Zero, Dept. of Fish & Game 3. Zero, Dept. of Labor & Workforce Development 4. Zero, Dept. of Labor & Workforce Development 5. Fiscal, Dept. of Revenue The Governor's transmittal letter dated March 1, 2005, follows: "Dear Speaker Harris: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill recommending changes to the requirements to 2005-03-02 House Journal Page 0484 obtain and maintain a fisheries business license and to the bonding requirements for fish processors and primary fish buyers. This bill proposes to require, as a condition of obtaining and maintaining a fisheries business license under AS 43.75.020, an acknowledgment of the obligation to pay the taxes levied under AS 43, Alaska Seafood Marketing Institute (ASMI) assessments under AS 16.51, employment security contributions under AS 23.20, and Alaska Occupational, Safety, and Health Administration (OSHA) fines under AS 18.60. The bill proposes denying an applicant a fisheries business license until the applicant has paid in full all of those same taxes, assessments, contributions, and fines that are outstanding. The bill also would repeal and reenact AS 44.25.040, which requires the filing of a performance bond by fish processors and primary fish buyers. Under the bill, the performance bond would be more accessible for collection of claims by the Department of Labor and Workforce Development (DLWD) for unpaid employment security contributions. The bill would achieve this by providing a process for the DLWD to file directly with the commissioner of revenue a claim against the bond instead of obtaining a court judgment against the bond. However, this bill would preserve the existing statutory priority for use of the bond to pay fishermen and employees first. To achieve this, the DLWD would be obligated to return money collected from the bond if the processor or buyer does not replenish the bond and a fisherman or employee has obtained a final judgment against the bond. Additionally, the bill would provide that if a bond is depleted by the DLWD's claim, the fish processor or fish buyer would be subjected to an increased bonding requirement (the bill would preserve the existing increased bonding requirement in the case of a final court judgment against the bond). Last, the bill proposes to prevent the use of real property as a bond substitute if the fish processor or fish buyer has been subjected to an increased bonding requirement or if a final judgment has been obtained against the bond in the preceding five years. My purpose in introducing changes to the licensing requirements is to prevent the licensure of a fisheries business that has demonstrated that 2005-03-02 House Journal Page 0485 it is, and remains, unwilling to pay its taxes, ASMI assessments, employment security contributions, or OSHA fines. My purpose in introducing changes to the bonding requirements is to expedite the collection of unpaid unemployment insurance contributions by the DLWD and to make the bonding amount more representative of the risk of nonpayment posed to fishermen and employees who work for these bonded fish processors and buyers. I urge your prompt and favorable action on this measure. Sincerely yours, /s/ Frank H. Murkowski Governor" HB 193 HOUSE BILL NO. 193 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the licensing, regulation, enforcement, and appeal rights of ambulatory surgical centers, assisted living homes, child care facilities, child placement agencies, foster homes, free-standing birth centers, home health agencies, hospices or agencies providing hospice services, hospitals, intermediate care facilities for the mentally retarded, maternity homes, nursing facilities, residential child care facilities, residential psychiatric treatment centers, and rural health clinics; relating to criminal history requirements, and a registry, regarding certain licenses, certifications, approvals, and authorizations by the Department of Health and Social Services; making conforming amendments; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services, Judiciary, and Finance Committees. The following fiscal note(s) apply: 1. Zero, Dept. of Health & Social Services 2. Fiscal, Dept. of Law 2005-03-02 House Journal Page 0486 The Governor's transmittal letter dated March 1, 2005, follows: "Dear Speaker Harris: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to consolidating the licensing functions of the Department of Health and Social Services (DHSS). Executive Order No. 108, which took effect in 2003, reorganized the DHSS in an effort to streamline functions and make services more efficient and cost effective. As part of that reorganization, DHSS is consolidating all of its licensing functions. Currently, there are at least 12 different statutory schemes for the licensure of different entities by the DHSS. The complexity of the existing statutes and regulations and the absence of any clear rationale for the wide variation in standards for licensing, enforcement, and appeals has resulted in a very burdensome and bureaucratic system. The proposed bill will streamline the licensing process so that the functions are administered in a much more efficient and cost-effective manner by consolidating virtually all of the licensing functions related to standards, enforcement, and appeal rights into a single chapter of the Alaska Statutes. In addition, the bill requires the DHSS to implement a single, consolidated background check process across all of its programs with the goal of reducing the risk of abuse and neglect of vulnerable clients. In December 2004, the DHSS was awarded a $4.9 million federal grant to conduct background checks for any new worker with direct patient care duties in nursing homes and other long-term care facilities, and to establish a comprehensive training program that will meet the unique needs of workers in Alaska's long-term care system. This grant, in conjunction with the provisions of the legislation I am proposing today will: · Improve monitoring and enforcement of life, health, and safety regulations for all DHSS long term-care programs. · Extend background checks and fitness determinations to all staff serving vulnerable populations. 2005-03-02 House Journal Page 0487 · Improve the overall safety and security of vulnerable individuals in state licensed and certified long-term care programs. Finally, this bill contemplates that at the same time that the statutory changes would take effect, DHSS would have adopted regulations to implement these statutory changes. It is anticipated that the resulting regulations would further achieve the goal of efficiency and cost effectiveness. I urge your prompt and favorable action on this measure. Sincerely yours, /s/ Frank H. Murkowski Governor" CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 124 The Speaker stated that, without objection, the following would be returned to the Rules Committee: HOUSE BILL NO. 124 "An Act relating to the collection of, and the use of reasonable force to collect, a deoxyribonucleic acid sample from persons convicted of or adjudicated delinquent for certain crimes." THIRD READING OF HOUSE BILLS HB 1 The following, which was advanced to third reading from the March 1, 2005, calendar (page 468), was read the third time: CS FOR HOUSE BILL NO. 1(HES) "An Act relating to the base student allocation used in the formula for state funding of public education; and providing for an effective date." 2005-03-02 House Journal Page 0488 The question being: "Shall CSHB 1(HES) pass the House?" The roll was taken with the following result: CSHB 1(HES) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kott, LeDoux, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Excused: Guttenberg, Kelly, Lynn And so, CSHB 1(HES) 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 1(HES) was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE RESOLUTIONS SJR 5 The following was read the second time: SENATE JOINT RESOLUTION NO. 5 Urging the United States Congress to reauthorize the Methane Hydrate Research and Development Act. with the: Journal Page O&G RPT HCS(O&G) 5DP 354 FN1: ZERO(DNR) 354 RES RPT HCS(O&G) 6DP 3NR 461 FN1: ZERO(DNR) 462 2005-03-02 House Journal Page 0489 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: HOUSE CS FOR SENATE JOINT RESOLUTION NO. 5(O&G) (same title) There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that HCS SJR 5(O&G) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HCS SJR 5(O&G) was read the third time. The question being: "Shall HCS SJR 5(O&G) pass the House?" The roll was taken with the following result: HCS SJR 5(O&G) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 3 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kott, LeDoux, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Excused: Guttenberg, Kelly, Lynn Absent: McGuire And so, HCS SJR 5(O&G) passed the House and was referred to the Chief Clerk for engrossment. SENATE RESOLUTIONS IN SECOND READING SJR 2 The following, which was read the second time and returned to the Rules Committee (page 376), was again before the House: 2005-03-02 House Journal Page 0490 SENATE JOINT RESOLUTION NO. 2 Urging the United States Congress to pass legislation to open the coastal plain of the Arctic National Wildlife Refuge, Alaska, to oil and gas exploration, development, and production. Amendment No. 1 was offered by Representatives Gara and Kerttula: Page 2, line 21, insert: "WHEREAS it has been estimated that construction of an Alaska Gas Pipeline is expected to generate between 4,000 and 8,600 jobs; that it is expected there will not be enough available Alaskan workers to fill these new positions and non-Alaska labor will be utilized for positions Alaskans are not available to fill; and, that it has been estimated by consulting groups promoting oil development in the Arctic National Wildlife Refuge that oil development in this Refuge will create in excess of 20,000 additional jobs in this state; and WHEREAS according to reliable estimates there are not enough available Alaskan workers to staff both the construction of an Alaska Gas Pipeline, and oil development in the Arctic National Wildlife Refuge if both projects occur at the same time; and" Page 3, lines 7 - 11: Delete all material and insert: "BE IT RESOLVED that the Alaska Legislature urges Congress to allow oil and gas exploration on the Coastal Plain of the Arctic National Wildlife Refuge; and be it FURTHER RESOLVED by the Alaska State Legislature that the Congress is urged to consider 1) the desire by Alaskans for long-term prosperity; 2) the preference of Alaskans for long-term employment for Alaskan workers over shorter-term larger-scale economic development that requires the excessive use of non-Alaskan labor; and, 3) the need by Alaskans for long-term revenue from Alaska's resources, for this and subsequent generations; and be it 2005-03-02 House Journal Page 0491 FURTHER RESOLVED that the Alaska Legislature urges Congress to consider providing for the development of oil and gas in the Arctic National Wildlife Refuge after construction of a natural gas pipeline that brings North Slope gas to market, and after the substantial development of oil and gas resources in the National Petroleum Reserve-Alaska, so that Alaska's largest remaining resource development projects are developed over the long term, and not all at the same time; and be it FURTHER RESOLVED by the Alaska Legislature that Congress allow for this development on the Coastal Plain of the Arctic National Wildlife Refuge earlier if needed to ensure that oil transportation through the Trans Alaska Pipeline falls below 300,000 barrels/day and it is determined that oil production from the Coastal Plain is needed so that transportation through this pipeline remains economically feasible; and be it FURTHER RESOLVED by the Alaska Legislature that Congress is urged to adopt policies to promote, to the greatest extent economically and fiscally feasible, the use of directional drilling from outside the Coastal Plain to produce oil and gas located within the Coastal Plain of the Arctic National Wildlife Refuge." Representative Gara moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Samuels objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SJR 2 Second Reading Amendment No. 1 YEAS: 6 NAYS: 28 EXCUSED: 3 ABSENT: 3 Yeas: Cissna, Elkins, Gara, Kerttula, Moses, Salmon Nays: Anderson, Berkowitz, Coghill, Crawford, Croft, Dahlstrom, Foster, Gardner, Gatto, Gruenberg, Harris, Hawker, Holm, Joule, Kapsner, Kohring, Kott, LeDoux, Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels, Stoltze, Thomas, Weyhrauch, Wilson 2005-03-02 House Journal Page 0492 Excused: Guttenberg, Kelly, Lynn Absent: Chenault, McGuire, Seaton And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Berkowitz: Page 2, following line 13, insert: "WHEREAS the Trans Alaska Pipeline System, a transportation facility that is a national asset and that would cost billions of dollars to replace, would have its useful physical life extended for a substantial period if the additional reserves of recoverable oil from the coastal plain were produced; and" Representative Berkowitz 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 offered by Representative Berkowitz: Page 3, line 13, following "herd": Insert "on which the Gwich'in, the Inupiat and other local residents depend" Representative Berkowitz moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Samuels objected. Amendment No. 1 to Amendment No. 3 was offered by Representative Samuels: Delete "the Gwich'in, the Inupiat and other local" Insert "Alaskan" Representative Samuels moved and asked unanimous consent that Amendment No. 1 to Amendment No. 3 be adopted. 2005-03-02 House Journal Page 0493 Representative Croft objected. Representatives Samuels moved and asked unanimous consent to withdraw Amendment No. 1 to Amendment No. 3. There being no objection, it was so ordered. Amendment No. 2 to Amendment No. 3 was offered by Representative LeDoux: Delete "the Gwich'in, the Inupiat and other local residents" Insert "many Alaskans" Representative LeDoux moved and asked unanimous consent that Amendment No. 2 to Amendment No. 3 be adopted. Representative Berkowitz objected. Representative LeDoux moved and asked unanimous consent to withdraw Amendment No. 2 to Amendment No. 3. There being no objection, it was so ordered. Representative Berkowitz placed a call of the House. The Speaker stated the call was satisfied. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: SJR 2 am H Second Reading Amendment No. 3 YEAS: 17 NAYS: 20 EXCUSED: 3 ABSENT: 0 Yeas: Anderson, Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gatto, Gruenberg, Joule, Kapsner, Kerttula, LeDoux, Moses, Salmon, Weyhrauch Nays: Chenault, Coghill, Elkins, Foster, Harris, Hawker, Holm, Kohring, Kott, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Wilson 2005-03-02 House Journal Page 0494 Excused: Guttenberg, Kelly, Lynn And so, Amendment No. 3 was not adopted. Representative Coghill moved and asked unanimous consent that SJR 2 am H be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. SJR 2 am H was read the third time. Representative Rokeberg rose to a point of order stating that reference to the other body by name is not appropriate. The Speaker cautioned members to proceed in order. The question being: "Shall SJR 2 am H pass the House?" The roll was taken with the following result: SJR 2 am H Third Reading Final Passage YEAS: 31 NAYS: 4 EXCUSED: 3 ABSENT: 2 Yeas: Anderson, Berkowitz, Chenault, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gatto, Gruenberg, Harris, Hawker, Holm, Joule, Kapsner, Kohring, Kott, LeDoux, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Nays: Cissna, Gara, Kerttula, Salmon Excused: Guttenberg, Kelly, Lynn Absent: Gardner, Samuels And so, SJR 2 am H passed the House and was referred to the Chief Clerk for engrossment. 2005-03-02 House Journal Page 0495 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 - Tammy Bennett By Senator Green; Representatives Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gatto, Gruenberg, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kott, LeDoux, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson In Memoriam - Craig Russell Harpel By Senator Bunde; Representatives Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gatto, Gruenberg, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kott, LeDoux, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson UNFINISHED BUSINESS A memorandum dated March 1, 2005, was received from the President and Speaker stating that pursuant to AS 24.20.650, the following public members are appointed to the Joint Armed Services Committee for three-year terms: Tom Case Jake Lestenkof Frank Love HCR 2 Representative Berkowitz added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 2 Urging Governor Murkowski to take quick action to conduct, approve, or sanction a study of in-state natural gas needs and take- off points for intrastate use of natural gas transported in a North Slope natural gas pipeline. 2005-03-02 House Journal Page 0496 HB 12 Representative Elkins added his name as cosponsor to: HOUSE BILL NO. 12 "An Act relating to televisions and monitors in motor vehicles." HB 124 Representative Gruenberg added his name as cosponsor to: HOUSE BILL NO. 124 "An Act relating to the collection of, and the use of reasonable force to collect, a deoxyribonucleic acid sample from persons convicted of or adjudicated delinquent for certain crimes." HB 155 Representative Seaton added his name as cosponsor to: HOUSE BILL NO. 155 "An Act relating to youth courts and to the recommended use of criminal fines to fund the activities of youth courts; and relating to accounting for criminal fines." HB 184 Representative Dahlstrom added her name as cosponsor to: HOUSE BILL NO. 184 "An Act relating to firearms." ENGROSSMENT HB 1 CSHB 1(HES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 76 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: 2005-03-02 House Journal Page 0497 CS FOR HOUSE BILL NO. 76(FIN) am "An Act relating to the Big Game Commercial Services Board and to the regulation of big game hunting services and transportation services; and providing for an effective date." SJR 2 SJR 2 am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SJR 5 HCS SJR 5(O&G) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meeting today has been changed as indicated: Legislative Council CHANGED TO: 12:30 p.m. ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 3, 2005. There being no objection, the House adjourned at 12:23 p.m. Suzi Lowell Chief Clerk 2005-03-02 House Journal Page 0498