Legislature(2021 - 2022)

2022-05-02 House Journal

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2022-05-02                     House Journal                      Page 2729
                                                                                                                                
                             HOUSE JOURNAL                                                                                   
                                                                                                                                
                        ALASKA STATE LEGISLATURE                                                                             
                                                                                                                                
                       THIRTY-SECOND LEGISLATURE                                                                             
                                                                                                                                
                             SECOND SESSION                                                                                  
                                                                                                                                
                                                                                                                                
Juneau, Alaska                   Monday                    May 2, 2022                                                        
                                                                                                                                
                         One Hundred Fifth Day                                                                             
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the House was called to order by Speaker                                                                
Stutes at 11:02 a.m.                                                                                                            
                                                                                                                                
Roll call showed 37 members present. Representatives Kreiss-                                                                    
Tomkins, Patkotak, and Tarr were absent, and their presence was                                                                 
noted later.                                                                                                                    
                                                                                                                                
The invocation was offered by the Chaplain, Reverend Caroline                                                                   
Malseed of St. Brendan's Episcopal Church. Representative Thompson                                                              
moved and asked unanimous consent that the invocation be spread on                                                              
the journal. There being no objection, it was so ordered.                                                                       
                                                                                                                                
    Holy One,                                                                                                                   
                                                                                                                                
    We know you as a god of law and justice. Be with this House                                                                 
    of Representatives of the State of Alaska, and guide them in                                                                
    shaping legislation that will create a society of equal treatment                                                           
    for everyone, women and men of all races, all ethnicities, and                                                              
    all traditions.                                                                                                             
                                                                                                                                
    Help them create a place of safety, opportunity, and respect                                                                
    for all people. Help them create a world where children and                                                                 
    all vulnerable people are protected and treasured for the                                                                   
    precious beings that they are. Help these representatives                                                                   
    create a world where love is our guiding principle. Amen.                                                                   
                                                                                                                                
The Pledge of Allegiance was led by Representative Johnson.                                                                     

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                      CERTIFICATION OF THE JOURNAL                                                                           
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
journal for the 102nd, 103rd, and 104th legislative days be approved                                                            
as certified by the Chief Clerk.  There being no objection, it was so                                                           
ordered.                                                                                                                        
                                                                                                                                
                       MESSAGES FROM THE GOVERNOR                                                                            
                                                                                                                                
Revised finance plans with an accompanying letter, dated April 29,                                                              
were received regarding the 2018 Cook Inlet Earthquake, 2020                                                                    
Southeast Storm, and the 2021 Southcentral Storm. The revised                                                                   
finance plans and letter were copied to the Finance Committee Co-                                                               
chairs and are on file in the Chief Clerk's office.                                                                             
                                                                                                                                
**The presence of Representative Tarr was noted.                                                                                
                                                                                                                                
                        MESSAGES FROM THE SENATE                                                                             
                                                                                                                                
A message dated April 29 was read stating the Senate accepted the                                                               
invitation to meet in joint session in the House Chamber at 11:00 a.m.,                                                         
May 4 to consider confirmation of the Governor's appointments.                                                                  
                                                                                                                                
HB 304                                                                                                                        
A message dated April 29 was read stating the Senate passed:                                                                    
                                                                                                                                
    HOUSE BILL NO. 304                                                                                                          
    "An Act modifying the boundary of Chugach State Park; directing                                                             
    the sale of land to the Eagle River Lions Club; and providing for                                                           
    an effective date."                                                                                                         
                                                                                                                                
HB 304 was referred to the Chief Clerk for enrollment.                                                                          
                                                                                                                                
                     REPORTS OF STANDING COMMITTEES                                                                          
                                                                                                                                
HB 349                                                                                                                        
The Resources Committee considered:                                                                                             
                                                                                                                                
    HOUSE BILL NO. 349                                                                                                          
    "An Act relating to the establishment of oil and gas drilling units                                                         
    and patterns."                                                                                                              

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and recommends it be replaced with:                                                                                             
                                                                                                                                
    CS FOR HOUSE BILL NO. 349(RES)                                                                                              
    "An Act relating to the establishment of oil and gas drilling units,                                                        
    spacing, and patterns."                                                                                                     
                                                                                                                                
The report was signed by Representative Patkotak, Chair, with the                                                               
following individual recommendations:                                                                                           
                                                                                                                                
Do pass (4):  McKay, Rauscher, Gillham, Schrage                                                                                 
                                                                                                                                
No recommendation (4):  Cronk, Hopkins, Hannan, Patkotak                                                                        
                                                                                                                                
The following fiscal note(s) apply to CSHB 349(RES):                                                                            
                                                                                                                                
1.  Zero, Dept. of Commerce, Community, & Economic Development                                                                  
                                                                                                                                
HB 349 was referred to the Rules Committee.                                                                                     
                                                                                                                                
SB 9                                                                                                                          
The Finance Committee considered:                                                                                               
                                                                                                                                
    CS FOR SENATE BILL NO. 9(FIN)                                                                                               
    "An Act relating to alcoholic beverages; relating to the regulation                                                         
    of manufacturers, wholesalers, and retailers of alcoholic                                                                   
    beverages; relating to licenses, endorsements, and permits                                                                  
    involving alcoholic beverages; relating to common carrier                                                                   
    approval to transport or deliver alcoholic beverages; relating to the                                                       
    Alcoholic Beverage Control Board; relating to offenses involving                                                            
    alcoholic beverages; amending Rule 17(h), Alaska Rules of Minor                                                             
    Offense Procedure; and providing for an effective date."                                                                    
                                                                                                                                
and recommends it be replaced with:                                                                                             
                                                                                                                                
    HOUSE CS FOR CS FOR SENATE BILL NO. 9(FIN)                                                                                  
    (same title)                                                                                                                
                                                                                                                                
The report was signed by Representative Merrick, Co-chair, with the                                                             
following individual recommendations:                                                                                           
                                                                                                                                

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Do pass (2):  Josephson, Merrick                                                                                                
                                                                                                                                
No recommendation (4):  LeBon, Carpenter, Thompson, Wool                                                                        
                                                                                                                                
The following fiscal note(s) apply to HCS CSSB 9(FIN):                                                                          
                                                                                                                                
6. Fiscal, Alaska Judiciary System                                                                                              
7. Indeterminate, Dept. of Revenue                                                                                              
8. Fiscal, Dept. of Commerce, Community, & Economic                                                                             
 Development                                                                                                                    
9. Zero, Dept. of Commerce, Community, & Economic                                                                               
 Development                                                                                                                    
10. Zero, Dept. of Health & Social Services                                                                                     
                                                                                                                                
CSSB 9(FIN) was referred to the Rules Committee.                                                                                
                                                                                                                                
                     REPORTS OF SPECIAL COMMITTEES                                                                           
                                                                                                                                
The House Special Committee on Fisheries reviewed the qualifications                                                            
of the following and recommends the appointments be forwarded to a                                                              
joint session for consideration:                                                                                                
                                                                                                                                
                              Glenn Haight                                                                                     
                                                                                                                                
as a member of the Alaska Commercial Fisheries Entry Commission.                                                                
                                                                                                                                
                            Thomas Carpenter                                                                                   
                         Floyd "Mike" Heimbuch                                                                                 
                              David Weisz                                                                                      
                                                                                                                                
as members of the State Board of Fisheries.                                                                                     
                                                                                                                                
The report was signed by Representative Tarr, Chair; and                                                                        
Representatives Ortiz, Stutes, Story, McCabe, and Vance.                                                                        
                                                                                                                                
                       INTRODUCTION OF CITATIONS                                                                             
                                                                                                                                
The following citations were introduced and referred to the Rules                                                               
Committee for placement on the calendar:                                                                                        
                                                                                                                                

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Honoring - Jason Wilson                                                                                                         
By Representatives Story, Hannan; Senator Kiehl                                                                                 
                                                                                                                                
Honoring - Wesley Verhamme                                                                                                      
By Representatives Hannan, Story; Senator Kiehl                                                                                 
                                                                                                                                
Honoring - Polly Carr                                                                                                           
By Representatives Drummond, Tarr                                                                                               
                                                                                                                                
Honoring - Juneau Capitals Alaska State Hockey Association 16UA                                                                 
State Champions                                                                                                                 
By Representatives Story, Hannan; Senator Kiehl                                                                                 
                                                                                                                                
                  CONSIDERATION OF THE DAILY CALENDAR                                                                        
                                                                                                                                
                     SECOND READING OF HOUSE BILLS                                                                           
                                                                                                                                
HB 104                                                                                                                        
The Speaker stated that, without objection, the following would be                                                              
held to tomorrow's calendar:                                                                                                    
                                                                                                                                
    HOUSE BILL NO. 104                                                                                                          
    "An Act relating to vehicle registration and registration fees;                                                             
    relating to the motor fuel tax; and providing for an effective date."                                                       
                                                                                                                                
HB 392                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 392                                                                                                          
    "An Act relating to advanced practice registered nurses; and                                                                
    relating to death certificates, do not resuscitate orders, and life                                                         
    sustaining treatment."                                                                                                      
                                                                                                                                
with the: Journal Page                                                                                                          
                                                                                                                                
 HSS RPT CS(HSS) NEW TITLE 4DP 2581                                                                                             
 FN1: ZERO(DHS/DOH) 2581                                                                                                        
 FN2: (CED) 2581                                                                                                                
 L&C RPT CS(HSS) NEW TITLE 3DP 1NR 2620                                                                                         
 FN1: ZERO(DHS/DOH) 2620                                                                                                        
 FN3: ZERO(CED) 2620                                                                                                            

2022-05-02                     House Journal                      Page 2734
Representative Tuck moved and asked unanimous consent that the                                                                  
following committee substitute be adopted in lieu of the original bill:                                                         
                                                                                                                                
    CS FOR HOUSE BILL NO. 392(HSS)                                                                                              
    "An Act relating to advanced practice registered nurses and                                                                 
    physician assistants; and relating to death certificates, do not                                                            
    resuscitate orders, and life sustaining treatment."                                                                         
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Amendment No. 1 was offered  by Representatives Kurka and                                                                        
Eastman:                                                                                                                        
                                                                                                                                
Page 3, line 5, following "assistant":                                                                                      
    Insert "with the written consent of the patient or the parent or                                                        
guardian of the patient if the patient is under 18 years of age"                                                            
                                                                                                                                
Representative Kurka moved and asked unanimous consent that                                                                     
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Representative Snyder objected.                                                                                                 
                                                                                                                                
**The presence of Representative Patkotak was noted.                                                                            
                                                                                                                                
Representative Snyder removed the objection. There being no further                                                             
objection, Amendment No. 1 was adopted.                                                                                         
                                                                                                                                
Amendment No. 2 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 3, line 23:                                                                                                                
 Insert a new bill section to read:                                                                                             
  "*Sec. 8 AS 13.52 is amended by adding a new section to read:                                                               
   Sec. 13.52.67. Right of patient to receive notification.                                                                   
Nothing in this chapter shall limit the right of a patient to be                                                                
 notified prior to receiving a do not resuscitate order, or the right of                                                        
 a patient's next of kin to be notified if the patient is not competent                                                         
 to receive notification."                                                                                                      
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 2 be adopted.                                                                                                     

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There was objection.                                                                                                            
                                                                                                                                
Representative Eastman moved and asked unanimous consent to                                                                     
withdraw Amendment No. 2. There being no objection, it was so                                                                   
ordered.                                                                                                                        
                                                                                                                                
Representative Tuck moved and asked unanimous consent that                                                                      
CSHB 392(HSS) am be considered engrossed, advanced to third                                                                     
reading, and placed on final passage. There being no objection, it was                                                          
so ordered.                                                                                                                     
                                                                                                                                
CSHB 392(HSS) am was read the third time.                                                                                       
                                                                                                                                
**The presence of Representative Kreiss-Tomkins was noted.                                                                      
                                                                                                                                
The question being:  "Shall CSHB 392(HSS) am pass the House?"                                                                   
The roll was taken with the following result:                                                                                   
                                                                                                                                
CSHB 392(HSS) am                                                                                                                
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  40   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Carpenter, Claman, Cronk, Drummond, Eastman, Edgmon,                                                                     
Fields, Foster, Gillham, Hannan, Hopkins, Johnson, Josephson,                                                                   
Kaufman, Kreiss-Tomkins, Kurka, LeBon, McCabe, McCarty,                                                                         
McKay, Merrick, Nelson, Ortiz, Patkotak, Prax, Rasmussen, Rauscher,                                                             
Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson,                                                                
Tilton, Tuck, Vance, Wool, Zulkosky                                                                                             
                                                                                                                                
And so, CSHB 392(HSS) am passed the House and was referred to the                                                               
Chief Clerk for engrossment.                                                                                                    
                                                                                                                                
                      THIRD READING OF HOUSE BILLS                                                                           
                                                                                                                                
HB 322                                                                                                                        
The following, which was advanced to third reading from the April 29                                                            
calendar (page 2715), was read the third time:                                                                                  
                                                                                                                                
    CS FOR HOUSE BILL NO. 322(TRA) am                                                                                           
    "An Act relating to the Alaska marine highway system fund;                                                                  

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    relating to the Alaska marine highway system vessel replacement                                                             
    fund; relating to the Alaska Higher education investment fund;                                                              
    and providing for an effective date."                                                                                       
                                                                                                                                
The question being:  "Shall CSHB 322(TRA) am pass the House?"                                                                   
The roll was taken with the following result:                                                                                   
                                                                                                                                
CSHB 322(TRA) am                                                                                                                
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  25   NAYS:  15   EXCUSED:  0   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Josephson, Kreiss-Tomkins, LeBon, Merrick, Nelson, Ortiz,                                                              
Patkotak, Rasmussen, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr,                                                           
Thompson, Tuck, Wool, Zulkosky                                                                                                  
                                                                                                                                
Nays:  Carpenter, Cronk, Eastman, Gillham, Johnson, Kaufman,                                                                    
Kurka, McCabe, McCarty, McKay, Prax, Rauscher, Shaw, Tilton,                                                                    
Vance                                                                                                                           
                                                                                                                                
And so, CSHB 322(TRA) am passed the House.                                                                                      
                                                                                                                                
Representative Tuck moved the effective date clause.                                                                            
                                                                                                                                
The question being:  "Shall the effective date clause be adopted?"  The                                                         
roll was taken with the following result:                                                                                       
                                                                                                                                
CSHB 322(TRA) am                                                                                                                
Third Reading                                                                                                                   
Effective Date                                                                                                                  
                                                                                                                                
YEAS:  31   NAYS:  8   EXCUSED:  0   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Claman, Cronk, Drummond, Edgmon, Fields, Foster, Hannan,                                                                 
Hopkins, Johnson, Josephson, Kaufman, Kreiss-Tomkins, LeBon,                                                                    
McKay, Merrick, Nelson, Ortiz, Prax, Rasmussen, Rauscher, Schrage,                                                              
Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Thompson, Tuck,                                                                   
Wool, Zulkosky                                                                                                                  
                                                                                                                                
Nays:  Carpenter, Eastman, Gillham, Kurka, McCabe, McCarty,                                                                     
Tilton, Vance                                                                                                                   
                                                                                                                                
Absent:  Patkotak                                                                                                               
                                                                                                                                

2022-05-02                     House Journal                      Page 2737
And so, the effective date clause was adopted.                                                                                  
                                                                                                                                
CSHB 322(TRA) am was referred to the Chief Clerk for engrossment.                                                               
                                                                                                                                
HB 363                                                                                                                        
The following, which was advanced to third reading from the April 29                                                            
calendar (page 2717), was read the third time:                                                                                  
                                                                                                                                
    CS FOR HOUSE BILL NO. 363(FIN)                                                                                              
    "An Act establishing the office of broadband; creating the                                                                  
    broadband parity adjustment fund; establishing the Statewide                                                                
    Broadband Advisory Board; and providing for an effective date."                                                             
                                                                                                                                
The question being:  "Shall CSHB 363(FIN) pass the House?"  The                                                                 
roll was taken with the following result:                                                                                       
                                                                                                                                
CSHB 363(FIN)                                                                                                                   
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  37   NAYS:  2   EXCUSED:  0   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Carpenter, Claman, Cronk, Drummond, Edgmon, Fields,                                                                      
Foster, Gillham, Hannan, Hopkins, Johnson, Josephson, Kaufman,                                                                  
Kreiss-Tomkins, LeBon, McCabe, McCarty, McKay, Merrick, Nelson,                                                                 
Ortiz, Prax, Rasmussen, Rauscher, Schrage, Shaw, Snyder, Spohnholz,                                                             
Story, Stutes, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky                                                              
                                                                                                                                
Nays:  Eastman, Kurka                                                                                                           
                                                                                                                                
Absent:  Patkotak                                                                                                               
                                                                                                                                
And so, CSHB 363(FIN) passed the House.                                                                                         
                                                                                                                                
Representative Tuck 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 363(FIN) was referred to the Chief Clerk for engrossment.                                                                  
                                                                                                                                
                                                                                                                                
                                                                                                                                

2022-05-02                     House Journal                      Page 2738
                         LEGISLATIVE CITATIONS                                                                               
                                                                                                                                
Representative Tuck 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 - Lieutenant Deniz Burnham, NASA 2021 Astronaut                                                                        
Candidate Class                                                                                                                 
By Representative McCabe; Senator Wilson                                                                                        
                                                                                                                                
Honoring - Sarah Gillam                                                                                                         
By Representatives Wool, Hopkins                                                                                                
                                                                                                                                
Honoring - Norm "Coach" Davis                                                                                                   
By Representatives Wool, Hannan                                                                                                 
                                                                                                                                
In Memoriam - Ero "Steve" & Marie E. Walli                                                                                      
By Representative Vance                                                                                                         
                                                                                                                                
In Memoriam - Laurence "Jay" Barrett                                                                                            
By Representatives Vance, Edgmon                                                                                                
                                                                                                                                
In Memoriam - Leonard Sanford                                                                                                   
By Representative Cronk; Senator Bishop                                                                                         
                                                                                                                                
                          UNFINISHED BUSINESS                                                                                
                                                                                                                                
Representative Tuck 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 McCarty – from 5:15 a.m., May 5 to 9:15 p.m., May 8                                                              
                                                                                                                                
Representative Shaw – from 2:15 p.m., May 5 to 7:30 p.m., May 8                                                                 
                                                                                                                                
HB 52                                                                                                                         
Representative Kaufman added as a cosponsor to:                                                                                 
                                                                                                                                
    HOUSE BILL NO. 52                                                                                                           
    "An Act providing that operation of the Tutka Bay Lagoon                                                                    

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    Hatchery in Kachemak Bay is compatible with the functions of                                                                
     Kachemak Bay State Park; and providing for an effective date."                                                            
                                                                                                                                
HB 325                                                                                                                        
Representatives Merrick, Fields, Schrage, Hopkins, and Drummond                                                                 
added as cosponsors to:                                                                                                         
                                                                                                                                
    HOUSE BILL NO. 325                                                                                                          
    "An Act relating to domestic violence."                                                                                     
                                                                                                                                
HB 349                                                                                                                        
Representative Kaufman added as a cosponsor to:                                                                                 
                                                                                                                                
    HOUSE BILL NO. 349                                                                                                          
    "An Act relating to the establishment of oil and gas drilling units                                                         
    and patterns."                                                                                                              
                                                                                                                                
HB 363                                                                                                                        
Representatives Patkotak and Cronk added as cosponsors to:                                                                      
                                                                                                                                
    CS FOR HOUSE BILL NO. 363(FIN)                                                                                              
    "An Act establishing the office of broadband; creating the                                                                  
    broadband parity adjustment fund; establishing the Statewide                                                                
    Broadband Advisory Board; and providing for an effective date."                                                             
                                                                                                                                
HB 392                                                                                                                        
Representatives Kurka, Tarr, Tilton, and Rasmussen added as                                                                     
cosponsors to:                                                                                                                  
                                                                                                                                
    CS FOR HOUSE BILL NO. 392(HSS) am                                                                                           
    "An Act relating to advanced practice registered nurses and                                                                 
    physician assistants; and relating to death certificates, do not                                                            
    resuscitate orders, and life sustaining treatment."                                                                         
                                                                                                                                
SJR 12                                                                                                                        
Representative Drummond added as a cross sponsor to:                                                                            
                                                                                                                                
    SENATE JOINT RESOLUTION NO. 12                                                                                              
    Urging the United States Congress to repeal the Windfall                                                                    
    Elimination Provision and Government Pension Offset of the                                                                  
    Social Security Act.                                                                                                        

2022-05-02                     House Journal                      Page 2740
SB 66                                                                                                                         
Representative Tarr added as a cross sponsor to:                                                                                
                                                                                                                                
    SENATE BILL NO. 66 am                                                                                                       
    "An Act relating to the membership of the legislative council; and                                                          
    relating to the membership of the Legislative Budget and Audit                                                              
    Committee."                                                                                                                 
                                                                                                                                
                              ENGROSSMENT                                                                                    
                                                                                                                                
HB 322                                                                                                                        
CSHB 322(TRA) am was engrossed, signed by the Speaker and Chief                                                                 
Clerk, and transmitted to the Senate for consideration.                                                                         
                                                                                                                                
HB 363                                                                                                                        
CSHB 363(FIN) was engrossed, signed by the Speaker and Chief                                                                    
Clerk, and transmitted to the Senate for consideration.                                                                         
                                                                                                                                
HB 392                                                                                                                        
CSHB 392(HSS) was engrossed, signed by the Speaker and Chief                                                                    
Clerk, and transmitted to the Senate for consideration.                                                                         
                                                                                                                                
                             ANNOUNCEMENTS                                                                                   
                                                                                                                                
House committee schedules are published under separate cover.                                                                   
                                                                                                                                
The following meetings today were changed:                                                                                      
                                                                                                                                
Judiciary Committee                                                                                                             
CHANGED TO:                                                    1:30 p.m.                                                        
                                                                                                                                
Resources Committee                                                                                                             
CHANGED TO:                                   10 min. after adjournment                                                         
                                                                                                                                
                              ADJOURNMENT                                                                                    
                                                                                                                                
Representative Tuck moved and asked unanimous consent that the                                                                  
House adjourn until 10:00 a.m., May 3.  There being no objection, the                                                           
House adjourned at 1:14 p.m.                                                                                                    
                                                                                                                                
                                            Crystaline Jones                                                                    
                                            Chief Clerk