Legislature(2005 - 2006)
2005-04-19 House Journal
Full Journal pdf2005-04-19 House Journal Page 1121 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE - FIRST SESSION Juneau, Alaska Tuesday April 19, 2005 One Hundredth Day Pursuant to adjournment the House was called to order by Speaker Harris at 10:19 a.m. Roll call showed 37 members present. Representatives Gruenberg, Kelly, and Kerttula were absent and their presence was noted later. The invocation was offered by the Chaplain, the Reverend Michael Curran of St. Brendan's Episcopal Church. Representative McGuire moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. In deepest respect for the religious beliefs of all persons here, I invite you into a time of prayer and reflection. Let us pray. Lord God Creator, our heavenly Father and Mother, send down upon those who hold office in this state of Alaska, and also our nation, the spirit of wisdom, charity, and justice, that with steadfast purpose they may faithfully serve in their offices to promote the well-being of all people. Wrap Your loving arms around their families who may not be here with them and give them strength as they await their safe return to their homes far and near in this vast state of Alaska. Almighty God, You have given us this good land as our heritage. May we prove ourselves a people mindful of Your generosity and glad to do Your will. Make us, who come 2005-04-19 House Journal Page 1122 from many cultures with many different languages, a united people. Defend our liberties and give those whom we have entrusted with authority the ability to seek equality for all people so that each one of us may enjoy a fair portion of the abundance of this land. When times are prosperous, let our hearts be thankful; and, in troubled times, do not let our trust in You fail. We ask all of this through our Savior and our Lord God Creator who lives within us forever and ever. Amen. The Pledge of Allegiance was led by Representative Joule. CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 99th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Weyhrauch introduced Emily Johnson and Mary Gianotti, Guest Pages, from Juneau. MESSAGES FROM THE SENATE HCR 2 A message dated April 18, 2005, was read stating the Senate has passed: 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. HCR 2 was referred to the Chief Clerk for enrollment. 2005-04-19 House Journal Page 1123 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. Dave Marquez as Attorney General. The report was signed by Representative McGuire, Chair; and Representatives Dahlstrom, Coghill, Gara, Anderson, and Gruenberg. HCR 7 The Resources Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 7 Urging the governor to direct the division of oil and gas, Department of Natural Resources, to undertake a comprehensive review of the subject of Cook Inlet oil and gas platform abandonment for the purpose of developing new oil and gas platform abandonment regulations and their adoption and implementation. and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 7(RES) (same title) The report was signed by Representatives Ramras and Samuels, Co- chairs, with the following individual recommendations: Do pass (8): Olson, Kapsner, Gatto, Seaton, Elkins, Crawford, Ramras, Samuels The following fiscal note(s) apply to CSHCR 7(RES): 1. Zero, House Resources Committee 2005-04-19 House Journal Page 1124 HCR 7 was referred to the Rules Committee for placement on the calendar. HB 9 The Resources Committee has considered: HOUSE BILL NO. 9 "An Act establishing the Hydrogen Energy Partnership in the Department of Commerce, Community, and Economic Development; requiring the commissioner of commerce, community, and economic development to seek public and private funding for the partnership; providing for the contingent repeal of an effective date; and providing for an effective date." The report was signed by Representative Ramras, Co-chair, with the following individual recommendations: Do pass (5): Crawford, Elkins, Seaton, Kapsner, Ramras No recommendation (1): Olson Amend (1): Gatto The following fiscal note(s) apply: 1. Zero, University of Alaska 2. Fiscal, Dept. of Commerce, Community, & Economic Development 3. Fiscal, Dept. of Commerce, Community, & Economic Development 4. Fiscal, Dept. of Commerce, Community, & Economic Development HB 9 was referred to the Finance Committee. HB 133 The Judiciary Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 133 "An Act relating to incorporation of boroughs and to regulations of the Local Boundary Commission to provide standards and 2005-04-19 House Journal Page 1125 procedures for municipal incorporation, reclassification, dissolution, and certain municipal boundary changes; and providing for an effective date." and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 133(JUD) "An Act relating to incorporation of boroughs, to annexation by local action, and to regulations of the Local Boundary Commission to provide standards and procedures for municipal incorporation, reclassification, dissolution, and certain municipal boundary changes; and providing for an effective date." The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (2): Coghill, McGuire No recommendation (3): Gruenberg, Dahlstrom, Gara The following fiscal note(s) apply to CSSSHB 133(JUD): 1. Zero, Dept. of Commerce, Community, & Economic Development SSHB 133 was referred to the Rules Committee for placement on the calendar. HB 161 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 161 "An Act relating to reemployment of and benefits for retired teachers and public employees and to teachers or employees who participated in retirement incentive programs and are subsequently reemployed as a commissioner; repealing secs. 5, 7, and 9, ch. 58, SLA 2001; providing for an effective date by amending the delayed effective date for secs. 3, 5, 9, and 12, ch. 57, SLA 2001, and repealing sec. 13, ch. 58, SLA 2001, which is the delayed 2005-04-19 House Journal Page 1126 effective date for secs. 5, 7, and 9, ch. 58, SLA 2001; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 161(HES) "An Act relating to reemployment of and benefits for or on behalf of retired teachers and public employees and to teachers or employees who participated in retirement incentive programs and are subsequently reemployed as a commissioner; repealing secs. 5, 7, and 9, ch. 58, SLA 2001; providing for an effective date by amending the delayed effective date for secs. 3, 5, 9, and 12, ch. 57, SLA 2001, and repealing sec. 13, ch. 58, SLA 2001, which is the delayed effective date for secs. 5, 7, and 9, ch. 58, SLA 2001; and providing for an effective date." The report was signed by Representative Wilson, Chair, with the following individual recommendations: Do pass (3): Cissna, Kohring, Wilson No recommendation (1): Gardner Amend (1): Seaton The following fiscal note(s) apply to CSHB 161(HES): 1. Zero, Dept. of Administration HB 161 was referred to the State Affairs Committee. HB 181 The Labor & Commerce Committee has submitted the following report to correct the report submitted on April 18, 2005 (page 1100) for: HOUSE BILL NO. 181 "An Act establishing a waiver for active duty military service of continuing education requirements for renewal of occupational licenses." 2005-04-19 House Journal Page 1127 and recommends it be replaced with: CS FOR HOUSE BILL NO. 181(L&C) "An Act authorizing a waiver for active duty military service of continuing education requirements for renewal of occupational licenses." The report was signed by Representative Kott, Vice Chair, with the following individual recommendations: Do pass (4): Guttenberg, Lynn, LeDoux, Kott No recommendation (1): Rokeberg The following fiscal note(s) apply to CSHB 181(L&C): 1. Zero, Dept. of Commerce, Community, & Economic Development 2. Zero, Dept. of Military & Veterans' Affairs HB 181 is in the Rules Committee. SB 51 The Finance Committee has considered: CS FOR SENATE BILL NO. 51(FIN) "An Act relating to contracts for the provision of state public assistance to certain recipients in the state; providing for regional public assistance plans and programs in the state; relating to grants for Alaska Native family assistance programs; relating to assignment of child support by Alaska Native family assistance recipients; relating to paternity determinations and genetic testing involving recipients of assistance under Alaska Native family assistance programs; and providing for an effective date." The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (5): Hawker, Croft, Moses, Foster, Meyer 2005-04-19 House Journal Page 1128 Do not pass (1): Kelly No recommendation (3): Holm, Weyhrauch, Chenault The following fiscal note(s) apply: 1. Fiscal, Dept. of Health & Social Services 2. Fiscal, Dept. of Health & Social Services 3. Fiscal, Dept. of Health & Social Services 4. Fiscal, Dept. of Health & Social Services CSSB 51(FIN) was referred to the Rules Committee for placement on the calendar. **The presence of Representative Gruenberg was noted. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Carole Edwards By Representatives Kerttula, Weyhrauch; Senator Elton Honoring - James & Shaharriet Houchins Alaska 2004 Parents of the Year By Representative Meyer Honoring - Alaska National Guard Family Program By Representatives Lynn, Dahlstrom Honoring - Fort Yukon Eagles Basketball Team By Senator Kookesh Honoring - Nikiski Bulldogs Girls Basketball Team 2004-2005 Southcentral Conference Championship By Senator Wagoner; Representatives Olson, Chenault In Memoriam - Gordon Ralph James, Sr. By Senator Kookesh 2005-04-19 House Journal Page 1129 INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HCR 10 HOUSE CONCURRENT RESOLUTION NO. 10 by the House Resources Committee: Supporting the development of the Kensington Gold Mine. was read the first time and referred to the Resources Committee. HJR 19 HOUSE JOINT RESOLUTION NO. 19 by the House Special Committee on Ways and Means: Proposing amendments to the Constitution of the State of Alaska relating to and limiting appropriations from the Alaska permanent fund based on an averaged percent of the fund market value. was read the first time and referred to the House Special Committee on Ways & Means and the Judiciary and Finance Committees. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 276 HOUSE BILL NO. 276 by Representative Kott, entitled: "An Act relating to business license endorsements for tobacco products, to holders of business license endorsements for tobacco products, and to the employees and agents of holders of business license endorsements for tobacco products." was read the first time and referred to the Judiciary and Finance Committees. HB 277 HOUSE BILL NO. 277 by Representatives Kerttula and Weyhrauch, entitled: 2005-04-19 House Journal Page 1130 "An Act naming the Charles Gamble Jr. - Donald Sperl Joint Use Facility in Juneau." was read the first time and referred to the House Special Committee on Military & Veterans' Affairs and the State Affairs Committee. HB 278 HOUSE BILL NO. 278 by Representative Hawker, entitled: "An Act relating to the Alaska Municipal Bond Bank Authority; permitting the Alaska Municipal Bond Bank Authority or a subsidiary of the authority to assist state and municipal governmental employers by issuing bonds and other commercial paper to enable the governmental employers to prepay all or a portion of the governmental employers' shares of the unfunded accrued actuarial liabilities of retirement systems and authorizing governmental employers to contract with and to issue bonds, notes, or commercial paper to the authority or its subsidiary corporation for that purpose; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. HB 279 HOUSE BILL NO. 279 by the House Transportation Committee, entitled: "An Act relating to encroachments in the right-of-way of a highway." was read the first time and referred to the Transportation and Finance Committees. HB 280 HOUSE BILL NO. 280 by the House Resources Committee, entitled: "An Act relating to the taxation of mining property; relating to contracts approved by municipalities for payments in lieu of taxes; and providing for an effective date." 2005-04-19 House Journal Page 1131 was read the first time and referred to the Resources and Finance Committees. **The presence of Representative Kerttula was noted. CONCUR IN SENATE AMENDMENTS HB 66 Representative Coghill moved and asked unanimous consent that the House consider the Senate message (page 1096) on the following: CS FOR HOUSE BILL NO. 66(FIN) "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 66(FIN) (same title) There being no objection, it was so ordered. Representative Coghill moved that the House concur in the Senate amendment to CSHB 66(FIN), thus adopting SCS CSHB 66(FIN), and recommended that the members vote no. **The presence of Representative Kelly was noted. The question being: "Shall the House concur in the Senate amendment to CSHB 66(FIN)?" The roll was taken with the following result: SCS CSHB 66(FIN) Concur YEAS: 0 NAYS: 39 EXCUSED: 0 ABSENT: 1 2005-04-19 House Journal Page 1132 Nays: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Wilson Absent: Weyhrauch And so, the House failed to concur in the Senate amendment, thus failing to adopt SCS CSHB 66(FIN). The Chief Clerk notified the Senate and respectfully requested it to recede. In the event the Senate fails to recede from its amendment, the Speaker appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the above bills: Representative Chenault, Chair Representative Meyer Representative Croft HB 67 Representative Coghill moved and asked unanimous consent that the House consider the Senate message (page 1096) on the following: CS FOR HOUSE BILL NO. 67(FIN)(brf sup maj fld) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 67(FIN) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 2005-04-19 House Journal Page 1133 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." (technical title change) There being no objection, it was so ordered. Representative Coghill moved that the House concur in the Senate amendment to CSHB 67(FIN)(brf sup maj fld), thus adopting SCS CSHB 67(FIN), and recommended that the members vote no. The question being: "Shall the House concur in the Senate amendment to CSHB 67(FIN)(brf sup maj fld)?" The roll was taken with the following result: SCS CSHB 67(FIN) Concur YEAS: 0 NAYS: 40 EXCUSED: 0 ABSENT: 0 Nays: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson And so, the House failed to concur in the Senate amendment, thus failing to adopt SCS CSHB 67(FIN). The Chief Clerk notified the Senate and respectfully requested it to recede. In the event the Senate fails to recede from its amendment, the Speaker appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the above bills: Representative Chenault, Chair Representative Meyer Representative Croft 2005-04-19 House Journal Page 1134 The Speaker stated that Uniform Rule 23(d) is now in effect. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 32 The following was read the second time: HOUSE BILL NO. 32 "An Act making a special appropriation for a grant to Arctic Power to promote the opening of the Arctic National Wildlife Refuge for oil and gas exploration and development; and providing for an effective date." with the: Journal Page O&G RPT 2DP 3NR 216 FN1: ZERO(DNR) 216 FIN RPT CS(FIN) 4DP 2NR 1AM 1042 FN1: ZERO(DNR) 1043 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. 32(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Salmon: Page 1, line 12: Delete "2009" Insert "2007" Representative Salmon moved and asked unanimous consent that Amendment No. 1 be adopted. 2005-04-19 House Journal Page 1135 Representative Kohring objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 32(FIN) Second Reading Amendment No. 1 YEAS: 20 NAYS: 19 EXCUSED: 0 ABSENT: 1 Yeas: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, LeDoux, Lynn, Salmon, Seaton, Thomas, Weyhrauch, Wilson Nays: Anderson, Chenault, Coghill, Foster, Gatto, Harris, Hawker, Holm, Kelly, Kohring, Kott, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels, Stoltze Absent: Moses And so, Amendment No. 1 was adopted. Representative Coghill moved and asked unanimous consent that CSHB 32(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 32(FIN) am was read the third time. The question being: "Shall CSHB 32(FIN) am pass the House?" The roll was taken with the following result: CSHB 32(FIN) am Third Reading Final Passage YEAS: 34 NAYS: 5 EXCUSED: 0 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson 2005-04-19 House Journal Page 1136 Nays: Cissna, Gara, Gatto, Kerttula, Salmon Absent: Moses Weyhrauch changed from "Nay" to "Yea". And so, CSHB 32(FIN) 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. Representative Gatto gave notice of reconsideration of the vote on CSHB 32(FIN) am. HB 54 The following was read the second time: HOUSE BILL NO. 54 "An Act relating to bail review." with the: Journal Page JUD RPT CS(JUD) NT 4DP 859 FN1: ZERO(COR) 859 FN2: ZERO(CRT) 859 FN3: ZERO(LAW) 859 FIN RPT CS(FIN) NT 6DP 3NR 1043 FN1: ZERO(COR) 1043 FN2: ZERO(CRT) 1043 FN3: ZERO(LAW) 1043 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. 54(FIN) "An Act relating to bail review; relating to petitions for review by crime victims where the defendant has received a sentence below the sentencing range for the crime; relating to the qualifications of certain members of the Violent Crimes Compensation Board; 2005-04-19 House Journal Page 1137 relating to the introduction of the victim and the defendant or minor to the jury; amending Rule 27, Alaska Rules of Criminal Procedures, and Rule 21, Alaska Delinquency Rules; and providing for an effective date." There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 54(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 54(FIN) was read the third time. The question being: "Shall CSHB 54(FIN) pass the House?" The roll was taken with the following result: CSHB 54(FIN) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Absent: Chenault And so, CSHB 54(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 court rule changes. There being no objection, it was so ordered. 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. 2005-04-19 House Journal Page 1138 CSHB 54(FIN) was referred to the Chief Clerk for engrossment. HB 183 The following was read the second time: HOUSE BILL NO. 183 "An Act relating to the use of campaign contributions for shared campaign activity expenses and to reimbursement of those expenses." with the: Journal Page STA RPT CS(STA) 2DP 2NR 773 FN1: ZERO(ADM) 774 JUD RPT CS(JUD) 6DP 1AM 1047 FN1: ZERO(ADM) 1048 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. 183(JUD) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Gara and Hawker: Page 1, line 2, following the second occurrence of "expenses" (title amendment): Insert "; and amending the definition of 'contribution' in regard to sharing fundraising lists between candidates and political parties without compensation" Page 2, following line 21: Insert a new bill section to read: "* Sec. 2. AS 15.13.400(4) is amended to read: (4) "contribution" (A) means a purchase, payment, promise or obligation to pay, loan or loan guarantee, deposit or gift of money, goods, or services for which charge is ordinarily made 2005-04-19 House Journal Page 1139 and that is made for the purpose of influencing the nomination or election of a candidate, and in AS 15.13.010(b) for the purpose of influencing a ballot proposition or question, including the payment by a person other than a candidate or political party, or compensation for the personal services of another person, that are rendered to the candidate or political party; (B) does not include (i) services provided without compensation by individuals volunteering a portion or all of their time on behalf of a political party, candidate, or ballot proposition or question; (ii) ordinary hospitality in a home; (iii) two or fewer mass mailings before each election by each political party describing the party's slate of candidates for election, which may include photographs, biographies, and information about the party's candidates; (iv) the results of a poll limited to issues and not mentioning any candidate, unless the poll was requested by or designed primarily to benefit the candidate; [OR] (v) any communication in the form of a newsletter from a legislator to the legislator's constituents, except a communication expressly advocating the election or defeat of a candidate or a newsletter or material in a newsletter that is clearly only for the private benefit of a legislator or a legislative employee; or (vi) a fundraising list provided without compensation by one candidate or political party to another candidate or political party;" Representative Gara moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Coghill objected. Amendment to Amendment No. 1 was offered by Representative Berkowitz: 2005-04-19 House Journal Page 1140 Under (vi): Delete "another" Insert "a" Representative Berkowitz moved and asked unanimous consent that Amendment to Amendment No. 1 be adopted. Representative Stoltze objected and withdrew the objection. There being no further objection, Amendment to Amendment No. 1 was adopted. The question being: "Shall Amendment No. 1 as amended be adopted?" The roll was taken with the following result: CSHB 183(JUD) Second Reading Amendment No. 1 as amended YEAS: 34 NAYS: 5 EXCUSED: 0 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kerttula, Kohring, Kott, LeDoux, McGuire, Meyer, Moses, Neuman, Olson, Rokeberg, Salmon, Samuels, Seaton, Thomas, Weyhrauch, Wilson Nays: Coghill, Kelly, Lynn, Ramras, Stoltze Absent: Kapsner And so, Amendment No. 1 as amended was adopted and the new title follows: CS FOR HOUSE BILL NO. 183(JUD) am "An Act relating to the use of campaign contributions for shared campaign activity expenses and to reimbursement of those expenses; and amending the definition of 'contribution' in regard to sharing fundraising lists between candidates and political parties without compensation." Representative Coghill moved and asked unanimous consent that CSHB 183(JUD) am be considered engrossed, advanced to third 2005-04-19 House Journal Page 1141 reading, and placed on final passage. There being no objection, it was so ordered. CSHB 183(JUD) am was read the third time. The question being: "Shall CSHB 183(JUD) am pass the House?" The roll was taken with the following result: CSHB 183(JUD) am Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson And so, CSHB 183(JUD) am passed the House and was referred to the Chief Clerk for engrossment. HB 215 The following was read the second time: HOUSE BILL NO. 215 "An Act relating to the investment responsibilities of the Alaska Permanent Fund Corporation; relating to regulations proposed and adopted by the Board of Trustees of the Alaska Permanent Fund Corporation and providing procedures for the adoption of regulations by the board; and providing for an effective date." with the: Journal Page STA RPT 5DP 1NR 1017 FN1: ZERO(REV) 1017 FIN RPT CS(FIN) 4DP 5NR 1074 FN1: ZERO(REV) 1075 2005-04-19 House Journal Page 1142 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. 215(FIN) (same title) There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 215(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 215(FIN) was read the third time. **Representative Harris, who had been previously excused (page 1113), left the Chamber. Representative Coghill assumed the Chair as Speaker pro tempore. Representative Rokeberg placed a call of the House. Representative Rokeberg lifted the call. The Speaker pro tempore stated that, without objection, the House would recess until 5:00 p.m.; and so, the House recessed at 12:26 p.m. AFTER RECESS The Speaker pro tempore called the House back to order at 5:17 p.m. SECOND READING OF HOUSE BILLS (continued) HB 215 CSHB 215(FIN) was again before the House in third reading. Representative Rokeberg placed a call of the House and lifted the call. The question being: "Shall CSHB 215(FIN) pass the House?" The roll was taken with the following result: 2005-04-19 House Journal Page 1143 CSHB 215(FIN) Third Reading Final Passage YEAS: 30 NAYS: 8 EXCUSED: 1 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Elkins, Foster, Gardner, Gatto, Gruenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kohring, Kott, LeDoux, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Thomas, Weyhrauch Nays: Crawford, Croft, Dahlstrom, Gara, Guttenberg, Kerttula, Lynn, Stoltze Excused: Harris Absent: Wilson And so, CSHB 215(FIN) passed the House. Acting Majority Leader Foster 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. Representative Weyhrauch gave notice of reconsideration of the vote on CSHB 215(FIN). Representative Weyhrauch moved and asked unanimous consent that reconsideration of CSHB 215(FIN) be taken up on the same day. Representative Berkowitz objected. Representative Weyhrauch moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. Representative Weyhrauch withdrew the notice of reconsideration. Representative Gara gave notice of reconsideration of the vote on CSHB 215(FIN). 2005-04-19 House Journal Page 1144 THIRD READING OF HOUSE BILLS HB 182 The following, which was advanced to third reading from the April 18, 2005, calendar (page 1112), was read the third time: CS FOR HOUSE BILL NO. 182(FIN) "An Act amending the Alaska Wage and Hour Act as it relates to the employment of a person acting in a supervisory capacity or in an administrative, executive, or professional capacity; relating to definitions under the Alaska Wage and Hour Act and providing definitions for persons employed in administrative, executive, and professional capacities, for persons working in the capacity of an outside salesman, for persons working in the capacity of a salesman employed on a straight commission basis, and for persons that perform computer-related occupations; directing retrospective application of the provisions of this Act to work performed before the effective date of this Act for purposes of claims filed on or after the effective date of this Act, and disallowing retrospective application for purposes of claims for that work that are filed before the effective date of this Act; and providing for an effective date." Representative Gara moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objection was heard, and Representative Gara was required to vote. Representative Gardner moved and asked unanimous consent that CSHB 182(FIN) be returned to second reading for the specific purpose of considering Amendment No. 2. Representative Rokeberg objected. Representative Gardner moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. Representative Rokeberg placed a call of the House. The call was satisfied. 2005-04-19 House Journal Page 1145 The question being: "Shall CSHB 182(FIN) pass the House?" The roll was taken with the following result: CSHB 182(FIN) Third Reading Final Passage YEAS: 27 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Anderson, Chenault, Coghill, Elkins, Foster, Gardner, Gatto, Hawker, Holm, Kelly, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Nays: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Salmon Excused: Harris And so, CSHB 182(FIN) passed the House. Representative Foster 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. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 182(FIN) Third Reading Effective Date YEAS: 25 NAYS: 13 EXCUSED: 1 ABSENT: 1 Yeas: Anderson, Chenault, Coghill, Elkins, Foster, Gatto, Hawker, Holm, Kelly, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Stoltze, Thomas, Weyhrauch, Wilson Nays: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Salmon Excused: Harris 2005-04-19 House Journal Page 1146 Absent: Seaton And so, lacking the necessary 27 votes, the effective date clause was not adopted and the new title follows: CS FOR HOUSE BILL NO. 182(FIN)(efd fld) "An Act amending the Alaska Wage and Hour Act as it relates to the employment of a person acting in a supervisory capacity or in an administrative, executive, or professional capacity; relating to definitions under the Alaska Wage and Hour Act and providing definitions for persons employed in administrative, executive, and professional capacities, for persons working in the capacity of an outside salesman, for persons working in the capacity of a salesman employed on a straight commission basis, and for persons that perform computer-related occupations; directing retrospective application of the provisions of this Act to work performed before the effective date of this Act for purposes of claims filed on or after the effective date of this Act, and disallowing retrospective application for purposes of claims for that work that are filed before the effective date of this Act." CSHB 182(FIN)(efd fld) was referred to the Chief Clerk for engrossment. HB 211 The following, which was advanced to third reading from the April 18, 2005, calendar (page 1113), was read the third time: CS FOR HOUSE BILL NO. 211(FIN) "An Act extending the termination date of the Board of Dental Examiners; and relating to dentists and dental hygienists." The question being: "Shall CSHB 211(FIN) pass the House?" The roll was taken with the following result: CSHB 211(FIN) Third Reading Final Passage YEAS: 37 NAYS: 1 EXCUSED: 1 ABSENT: 1 2005-04-19 House Journal Page 1147 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Stoltze, Thomas, Weyhrauch, Wilson Nays: Joule Excused: Harris Absent: Seaton And so, CSHB 211(FIN) passed the House. Representative Joule gave notice of reconsideration of the vote on CSHB 211(FIN). SECOND READING OF HOUSE RESOLUTIONS HJR 9 The following was read the second time: HOUSE JOINT RESOLUTION NO. 9 Urging the United States Congress to honor the process and judgment of the federal courts in the case of the Exxon Valdez disaster and to refrain from enacting legislation that would affect the outcome of the courts' resolution of the case. with the: Journal Page RES RPT 6DP 790 FN1: ZERO(LEG) 791 JUD RPT 4DP 3NR 977 FN1: ZERO(LEG) 977 Amendment No. 1 was offered by Representatives LeDoux and Weyhrauch: Page 2, line 4: Delete "paid" Insert "to pay" 2005-04-19 House Journal Page 1148 Page 2, line 7: Delete "alter" Insert "reduce or delay payment of" Representative LeDoux moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Representative Foster moved and asked unanimous consent that HJR 9 am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HJR 9 am was read the third time. Representative Weyhrauch moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objection was heard, and Representative Weyhrauch was required to vote. The question being: "Shall HJR 9 am pass the House?" The roll was taken with the following result: HJR 9 am Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Stoltze, Thomas, Weyhrauch, Wilson Excused: Harris Absent: Gatto, Seaton And so, HJR 9 am passed the House and was referred to the Chief Clerk for engrossment. 2005-04-19 House Journal Page 1149 LEGISLATIVE CITATIONS Representative Foster moved and asked unanimous consent that the House approve the citation on the calendar. There being no objection, the following citation was approved and sent to enrolling: Honoring - Ed Strabel By Representatives Gatto, Stoltze, Kohring, Neuman, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gruenberg, Guttenberg, Hawker, Holm, Kelly, Kerttula, Kott, LeDoux, Lynn, McGuire, Meyer, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Thomas, Weyhrauch, Wilson; Senators Huggins, Green UNFINISHED BUSINESS HJR 9 Representatives Kerttula and Elkins added their names as cosponsors to: HOUSE JOINT RESOLUTION NO. 9 am Urging the United States Congress to honor the process and judgment of the federal courts in the case of the Exxon Valdez disaster and to refrain from enacting legislation that would affect the outcome of the courts' resolution of the case. HB 32 Representative Lynn added his name as cosponsor to: CS FOR HOUSE BILL NO. 32(FIN) am "An Act making a special appropriation for a grant to Arctic Power to promote the opening of the Arctic National Wildlife Refuge for oil and gas exploration and development; and providing for an effective date." HB 33 Representative Kohring added his name as cosponsor to: 2005-04-19 House Journal Page 1150 HOUSE BILL NO. 33 "An Act relating to the effect of regulations on small businesses; and providing for an effective date." HB 54 Representatives McGuire, Neuman, and Olson added their names as cosponsors to: CS FOR HOUSE BILL NO. 54(FIN) "An Act relating to bail review; relating to petitions for review by crime victims where the defendant has received a sentence below the sentencing range for the crime; relating to the qualifications of certain members of the Violent Crimes Compensation Board; relating to the introduction of the victim and the defendant or minor to the jury; amending Rule 27, Alaska Rules of Criminal Procedures, and Rule 21, Alaska Delinquency Rules; and providing for an effective date." HB 148 Representative LeDoux added her name as cosponsor to: HOUSE BILL NO. 148 "An Act relating to trafficking of persons." HB 199 Representative Chenault added his name as cosponsor to: HOUSE BILL NO. 199 "An Act excluding certain trucks from the definition of 'passenger vehicle' for purposes of the passenger vehicle rental tax; and providing for an effective date." ENGROSSMENT HJR 9 HJR 9 am was engrossed, signed by the Speaker pro tempore and Chief Clerk and transmitted to the Senate for consideration. 2005-04-19 House Journal Page 1151 HB 54 CSHB 54(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 182 CSHB 182(FIN)(efd fld) was engrossed, signed by the Speaker pro tempore and Chief Clerk and transmitted to the Senate for consideration. HB 183 CSHB 183(JUD) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HJR 8 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:48 a.m., April 19, 2005: HOUSE JOINT RESOLUTION NO. 8 Expressing support of Alaska Army National Guard soldiers deployed worldwide. HJR 15 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:48 a.m., April 19, 2005: CS FOR HOUSE JOINT RESOLUTION NO. 15(RES) Relating to open ocean aquaculture in the federal exclusive economic zone. HB 198 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:48 a.m., April 19, 2005: 2005-04-19 House Journal Page 1152 CS FOR HOUSE BILL NO. 198(RES)(title am) "An Act relating to aquatic plant and shellfish farming; and providing for an effective date." The following memorandum, dated April 18, 2005, was received from Patty Rose, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest error in CSHB 198(RES)(title am), which has been corrected in enrolling: Page 4, line 1: Delete "AS 16.40.105" Insert "AS 16.40.105(5)"" ANNOUNCEMENTS The Speaker pro tempore ruled that with appointment of a Conference Committee on the operating budget, Rule 23(d) of the Uniform Rules is in effect as of April 19, 2005. Written notice of a meeting should be submitted by 4:00 p.m. to the Chief Clerk's office for publication in the next day's committee schedule. House committee schedules are published daily under separate cover. The following meetings today have been changed as indicated: House Special Committee on Education POSTPONED TO: 5:30 p.m., 4/21 House Special Committee on Economic Development, International Trade, & Tourism POSTPONED TO: 8:30 a.m., 4/22 2005-04-19 House Journal Page 1153 ADJOURNMENT Representative Foster moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 20, 2005. There being no objection, the House adjourned at 6:32 p.m. Suzi Lowell Chief Clerk