Legislature(2003 - 2004)

2004-01-21 House Journal

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2004-01-21                     House Journal                      Page 2355
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
              TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                         
                                                                                                    
Juneau, Alaska                 Wednesday             January 21, 2004                             
                                                                                                    
                               Tenth Day                                                       
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 10:03 a.m.                                                                                  
                                                                                                    
Roll call showed 36 members present.  Representatives Joule, Morgan,                                
and Weyhrauch had been previously excused from a call of the House                                  
today.                                                                                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Berkowitz be excused from a call of the House from                                   
today to a.m., plane time, January 26, 2004. There being no objection,                              
it was so ordered.                                                                                  
                                                                                                    
                                                                                                    
The invocation was offered by the Chaplain, the Reverend Ron Covey                                  
of the Douglas Community United Methodist Church.  Representative                                   
Coghill moved and asked unanimous consent that the invocation be                                    
spread on the journal.  There being no objection, it was so ordered.                                
                                                                                                    
    Mr. Speaker, Honorable Representatives, members of the staff,                                   
    and distinguished guests and visitors, with deepest respect for the                             
    faith traditions of all Alaskans, let us take this moment of prayer.                            
                                                                                                    
                                                                                                    
    Creator Spirit,                                                                                 
                                                                                                    
    You are remarkably patient with us.  So often we elevate that                                   
    which is trivial and take lightly that which we should treasure.                                
    We worry about the Super Bowl but pay little heed to the greatest                               
    system of government ever invented.                                                             
                                                                                                    

2004-01-21                     House Journal                      Page 2356
    We pray for these men and women whom we have chosen to                                          
    represent us.  They sacrifice their time and their energy because                               
    they believe they have something to offer this great land.  Keep                                
    their vision clear and their hopes alive.  May they receive                                     
    congratulations as well as criticisms and appreciation as well as                               
    accusation.  Strengthen them in trust and cooperation that the                                  
    good of all may rise above self and personal agendas; for thus                                  
    shall our people be served well, now and in years to come.                                      
                                                                                                    
The Pledge of Allegiance was led by Representative Coghill.                                         
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the ninth legislative day be approved as certified by the                               
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                            COMMUNICATIONS                                                       
                                                                                                    
The following was received:                                                                         
                                                                                                    
Dept. of Community & Economic Development                                                           
Division of Community Advocacy                                                                      
National Petroleum Reserve - Alaska                                                                 
Impact Program                                                                                      
State Fiscal Year 2004                                                                              
(as required by AS 37.05.530)                                                                       
                                                                                                    
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
HB 288                                                                                            
The Rules Committee has considered:                                                                 
                                                                                                    
    HOUSE BILL NO. 288                                                                              
    "An Act changing the name of the Department of Community and                                    
    Economic Development."                                                                          
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    

2004-01-21                     House Journal                      Page 2357
    2d CS FOR HOUSE BILL NO. 288(RLS)                                                               
    "An Act changing the name of the Department of Community and                                    
    Economic Development to the Department of Commerce and                                          
    Community and Economic Development."                                                            
                                                                                                    
The report was signed by Representative Rokeberg, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Coghill, Rokeberg                                                                     
                                                                                                    
Do not pass (1):  Kerttula                                                                          
                                                                                                    
No recommendation (2):  McGuire, Kott                                                               
                                                                                                    
The following fiscal note(s) apply to 2d CSHB 288(RLS):                                             
                                                                                                    
2.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
CSHB 288(STA) is on today's calendar.                                                               
                                                                                                    
                                                                                                    
HB 373                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
    HOUSE BILL NO. 373                                                                              
    "An Act requiring warrants drawn by the Department of                                           
    Administration against the state treasury to be negotiable                                      
    instruments."                                                                                   
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Gruenberg, Weyhrauch                                                                  
                                                                                                    
No recommendation (3):  Seaton, Holm, Lynn                                                          
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Administration/Various Depts.                                                    
                                                                                                    

2004-01-21                     House Journal                      Page 2358
HB 373 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - John St. Germain and Jim Betts                                                           
By Representative Joule                                                                             
                                                                                                    
Honoring - Ruth Elizabeth Atkinson, Ms. Chemawa for 2003-2004                                       
By Senator Lincoln; Representative Kookesh                                                          
                                                                                                    
Honoring - Benny Albert                                                                             
By Senator Lincoln; Representative Coghill                                                          
                                                                                                    
In Memoriam - Joseph Trucano                                                                        
By Representatives Weyhrauch, Kerttula; Senator Elton                                               
                                                                                                    
In Memoriam - Dr. Mary C. Demientieff                                                               
By Senator Lincoln; Representative Coghill                                                          
                                                                                                    
The following citations were introduced and taken up later as a Special                             
Order of Business:                                                                                  
                                                                                                    
Honoring - Grace Berg Schaible                                                                      
By Senator Wilken; Representative Fate                                                              
                                                                                                    
In Memoriam - Mark B. Ringstad                                                                      
By Representatives Stepovich, Coghill, Holm, Fate; Senator Wilken                                   
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                         OF HOUSE RESOLUTIONS                                                    
                                                                                                    
HJR 33                                                                                            
HOUSE JOINT RESOLUTION NO. 33 by Representative Wolf:                                               
                                                                                                    
    Relating to requesting that the United States Food and Drug                                     
    Administration or the United States Congress remove OxyContin                                   
    from the market.                                                                                

2004-01-21                     House Journal                      Page 2359
was read the first time and referred to the Labor & Commerce and                                    
Health, Education & Social Services Committees.                                                     
                                                                                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     HOUSE BILLS IN THIRD READING                                                
                                                                                                    
HB 288                                                                                            
The following, which was returned to the Rules Committee on                                         
reconsideration (page 1767), was again before the House in third                                    
reading:                                                                                            
                                                                                                    
    CS FOR HOUSE BILL NO. 288(STA)                                                                  
    "An Act changing the name of the Department of Community and                                    
    Economic Development to the Department of Commerce and                                          
    Economic Development."                                                                          
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 288(STA) be returned to second reading for the specific                                        
purpose of rescinding previous action in adopting the State Affairs                                 
Committee Substitute.  There being no objection, it was so ordered.                                 
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House rescind previous action in adopting CSHB 288(STA)                                             
(page 1639).  There being no objection, it was so ordered.                                          
                                                                                                    
                                                                                                    
Without objection, the motion to adopt CSHB 288(STA) was                                            
withdrawn.  And so, the following was before the House in third                                     
reading:                                                                                            
                                                                                                    
    HOUSE BILL NO. 288                                                                              
    "An Act changing the name of the Department of Community and                                    
    Economic Development."                                                                          
                                                                                                    
                                                                                                    
Without objection, HB 288 was returned to second reading.                                           
                                                                                                    

2004-01-21                     House Journal                      Page 2360
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    2d CS FOR HOUSE BILL NO. 288(RLS)                                                               
    "An Act changing the name of the Department of Community and                                    
    Economic Development to the Department of Commerce and                                          
    Community and Economic Development."                                                            
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
2d CSHB 288(RLS) was automatically in third reading.                                                
                                                                                                    
                                                                                                    
The question to be reconsidered:  "Shall 2d CSHB 288(RLS) pass the                                  
House?"  The roll was taken with the following result:                                              
                                                                                                    
2d CSHB 288(RLS)--RECONSIDERATION                                                                   
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  4   ABSENT:  0                                                   
                                                                                                    
                                                                                                    
Yeas:  Anderson, Chenault, Cissna, Coghill, Crawford, Croft,                                        
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                    
Lynn, Masek, McGuire, Meyer, Moses, Ogg, Rokeberg, Samuels,                                         
Seaton, Stepovich, Stoltze, Williams, Wilson, Wolf                                                  
                                                                                                    
                                                                                                    
Excused:  Berkowitz, Joule, Morgan, Weyhrauch                                                       
                                                                                                    
And so, 2d CSHB 288(RLS) passed the House on reconsideration and                                    
was referred to the Chief Clerk for engrossment.                                                    
                                                                                                    
                                                                                                    
                         LEGISLATIVE CITATIONS                                                   
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citations on the calendar.  There being no                                        
objection, the following citations were approved and sent to enrolling:                             
                                                                                                    

2004-01-21                     House Journal                      Page 2361
Honoring - Dave Jones for His Award for Outstanding Service to the                                  
Kodiak Community by the Association of School Business Officials                                    
International                                                                                       
By Senator Gary Stevens; Representatives Kott, Anderson, Berkowitz,                                 
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto,                                 
Gruenberg, Guttenberg, Harris, Hawker, Holm, Kapsner, Kerttula,                                     
Kohring, Lynn, Masek, McGuire, Meyer, Ogg, Rokeberg, Samuels,                                       
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                       
                                                                                                    
In Memoriam - Chaplain Evan John Jones                                                              
By Senator Gary Stevens; Representatives Ogg, Kott, Anderson,                                       
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker,                                   
Holm, Kapsner, Kerttula, Kohring, Masek, McGuire, Meyer,                                            
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following members be excused from a call of the House.  There being                                 
no objection, the members were excused as noted:                                                    
                                                                                                    
Representative Holm - from 6:00 a.m., January 22 to 9:30 a.m., plane                                
time, January 26, 2004 (amended from page 2352)                                                     
                                                                                                    
Representative Wilson - from 2:08 p.m., January 23 to p.m., plane                                   
time, January 24, 2004 (amended from page 2352)                                                     
                                                                                                    
Representative Cissna - from 11:00 a.m. to 4:00 p.m.,                                               
January 21, 2004                                                                                    
                                                                                                    
Representative Stepovich - from 7:00 p.m., January 21 to 9:30 a.m.,                                 
January 26, 2004                                                                                    
                                                                                                    
Representative Kookesh - from 7:54 a.m. to 9:20 p.m.,                                               
January 23, 2004                                                                                    
                                                                                                    
Representative Kott - from 7:00 a.m. to 9:35 p.m., January 23, 2004                                 
                                                                                                    

2004-01-21                     House Journal                      Page 2362
Representative Williams - from 10:15 a.m., January 23 to 9:45 p.m.,                                 
January 25, 2004                                                                                    
                                                                                                    
Representative McGuire - from noon, January 23 to 10:00 p.m.,                                       
January 25, 2004                                                                                    
                                                                                                    
Representative Dahlstrom - from a.m., plane time, January 23 to p.m.,                               
plane time, January 26, 2004                                                                        
                                                                                                    
Representative Kerttula - from 7:00 p.m., January 26 to 9:30 p.m.,                                  
February 1, 2004                                                                                    
                                                                                                    
Representative Wolf - from 1:16 p.m., February 13 to a.m., plane time,                              
February 16, 2004                                                                                   
                                                                                                    
Representative Coghill - from 6:00 a.m., January 22 to 9:30 a.m.,                                   
January 23, 2004                                                                                    
                                                                                                    
Representative Heinze - from noon, January 23 to p.m., plane time,                                  
January 25, 2004                                                                                    
                                                                                                    
                       SPECIAL ORDER OF BUSINESS                                                 
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
notice and publication requirements be waived and the citations,                                    
Honoring - Grace Berg Schaible and In Memoriam - Mark B.                                            
Ringstad, be taken up as a Special Order of Business at this time.                                  
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citations.  There being no objection, the following                               
citations were approved and sent to enrolling:                                                      
                                                                                                    
Honoring - Grace Berg Schaible                                                                      
By Senator Wilken; Representatives Fate, Kott, Anderson, Berkowitz,                                 
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto,                                 
Gruenberg, Guttenberg, Harris, Hawker, Holm, Kapsner, Kerttula,                                     
Kookesh, Masek, McGuire, Meyer, Ogg, Rokeberg, Samuels, Seaton,                                     
Stepovich, Stoltze, Williams, Wilson, Wolf                                                          
                                                                                                    

2004-01-21                     House Journal                      Page 2363
In Memoriam - Mark B. Ringstad                                                                      
By Representatives Stepovich, Coghill, Holm, Fate, Kott, Anderson,                                  
Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Foster,                                    
Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Kapsner,                                        
Kerttula, Kookesh, Masek, McGuire, Meyer, Ogg, Rokeberg,                                            
Samuels, Seaton, Stoltze, Williams, Wilson, Wolf; Senator Wilken                                    
                                                                                                    
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HJR 32                                                                                            
Representatives Dahlstrom, Guttenberg, Lynn, Cissna, Chenault,                                      
Seaton, Kapsner, Kott, and Heinze added their names as cosponsors                                   
to:                                                                                                 
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 32                                                                   
     Relating to the labeling of salmon and salmon food products.                                  
                                                                                                    
HB 91                                                                                             
Representatives Kott and Kerttula added their names as cosponsors to:                               
                                                                                                    
    HOUSE BILL NO. 91                                                                               
    "An Act relating to a cost-of-living allowance and medical                                      
    benefits for retired peace officers after 20 years of credited                                  
    service."                                                                                       
                                                                                                    
HB 296                                                                                            
Representative Harris added his name as cosponsor to:                                               
                                                                                                    
    SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 296                                                       
    "An Act making an appropriation to the Alaska Natural Gas                                       
     Development Authority; and providing for an effective date."                                  
                                                                                                    
HB 344                                                                                            
Representative Foster added his name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 344                                                                              
    "An Act relating to annual rental fees for mining claims, and                                   
    providing for reduced royalties during the first three years of                                 
    production."                                                                                    

2004-01-21                     House Journal                      Page 2364
HB 386                                                                                            
Representative Harris added his name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 386                                                                              
    "An Act exempting contracts of the Alaska Natural Gas                                           
    Development Authority from the State Procurement Code; and                                      
    providing for an effective date."                                                               
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HB 288                                                                                            
2d CSHB 288(RLS) was engrossed, signed by the Speaker and Chief                                     
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                                                                                                    
Majority Caucus          Speaker's Chamber             10:45 a.m., 1/21                             
                                                                                                    
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 11:00 a.m., January 23, 2004.  There being no                                   
objection, the House adjourned at 10:38 a.m.                                                        
                                                                                                    
                                           Suzi Lowell                                              
                                           Chief Clerk