Legislature(2003 - 2004)

2004-01-23 House Journal

Full Journal pdf

2004-01-23                     House Journal                      Page 2369
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
              TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                         
                                                                                                    
Juneau, Alaska                    Friday              January 23, 2004                            
                                                                                                    
                              Twelfth Day                                                      
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker pro                                
tempore Coghill at 11:06 a.m.                                                                       
                                                                                                    
Roll call showed 26 members present.  Representatives Berkowitz,                                    
Chenault, Dahlstrom, Fate, Holm, Joule, Kookesh, Kott, Morgan,                                      
Rokeberg, Stepovich, Williams, and Wolf had been previously                                         
excused from a call of the House today.  Representative Gara was                                    
absent.                                                                                             
                                                                                                    
The invocation was offered by the Chaplain, the Reverend Ron Covey                                  
of the Douglas Community United Methodist Church.  Representative                                   
Croft 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 spiritual heritage of all Alaskans, we offer this                               
    prayer.  Let us pray.                                                                           
                                                                                                    
                                                                                                    
    Creator God,                                                                                    
                                                                                                    
    How humbling it is to reflect that You have made us in Your                                     
    image and have placed within us a creative desire and a                                         
    creative spirit.  Your creation is so beautiful:  the rugged                                    
    coastlines, the towering spruce trees, the soaring eagle, the                                   
    breaching whale.  You have looked upon it all and called it                                     
    good.                                                                                           
                                                                                                    

2004-01-23                     House Journal                      Page 2370
    We pray for these women and men who gather here as our                                          
    Representatives.  Bless them with insight, patience,                                            
    compassion, and a sense of humor.  Guide them as they                                           
    wrestle with issues, attitudes, policies, programs, new ideas,                                  
    new bills, and leaky coffee cups.  Strengthen them in mind,                                     
    body, and spirit when the hour grows late, the debate grows                                     
    long, the words become more sharp, and they begin to ask                                        
    within their hearts, "Why in the world am I here?"  Grant                                       
    them the serenity to accept the things they cannot change, the                                  
    courage to change the things they can, and the wisdom to                                        
    distinguish the one from the other.                                                             
                                                                                                    
    These are creative people, Lord.  Help them to do the good                                      
    they want to do.  Amen.                                                                         
                                                                                                    
The Pledge of Allegiance was led by Representative Guttenberg.                                      
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative Foster, Acting Majority Leader, moved and asked                                      
unanimous consent that the journal for the 10th and 11th legislative                                
days be approved as certified by the Chief Clerk.  There being no                                   
objection, it was so ordered.                                                                       
                                                                                                    
                       SPECIAL ORDER OF BUSINESS                                                 
                                                                                                    
Representative Kerttula announced the birth of Noah Benjamin                                        
Berkowitz on January 21, 2004, son of Representative Berkowitz.                                     
                                                                                                    
                            COMMUNICATIONS                                                       
                                                                                                    
The following were received:                                                                        
                                                                                                    
Dept. of Community & Economic Development                                                           
Report of the Local Boundary Commission                                                             
to the Second Session of the Twenty-Third                                                           
Alaska State Legislature                                                                            
January 21, 2004                                                                                    
(as required by AS 29.06.040, and                                                                   
art. X, sec. 12, Alaska Constitution)                                                               

2004-01-23                     House Journal                      Page 2371
A letter dated January 21, 2004, from Darroll Hargraves, Chair, Local                               
Boundary Commission, was included, stating that there were no local                                 
boundary changes approved by the Commission in 2003 that require                                    
legislative review under Article X, Section 12 of the Alaska                                        
Constitution.                                                                                       
                                                                                                    
Dept. of Health & Social Services                                                                   
Office of the Commissioner                                                                          
Fiscal Year 2004 Operating Grants                                                                   
December 29, 2003                                                                                   
                                                                                                    
Dept. of Revenue                                                                                    
Alaska Marine Highway System Fund                                                                   
(as required by AS 19.65.070)                                                                       
                                                                                                    
Dept. of Revenue                                                                                    
Alaska Marine Highway Vessel Replacement Fund                                                       
(as required by AS 37.05.550)                                                                       
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
HJR 4                                                                                             
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 4                                                                    
    Proposing an amendment to the Constitution of the State of                                      
    Alaska relating to the duration of a regular session.                                           
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE JOINT RESOLUTION NO. 4(STA)                                                        
    Proposing amendments to the Constitution of the State of Alaska                                 
    relating to the duration of regular sessions of the legislature.                                
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Samuels, Holm, Anderson, Ogg, McGuire                                                 
                                                                                                    
No recommendation (1):  Gruenberg                                                                   

2004-01-23                     House Journal                      Page 2372
The following fiscal note(s) apply to CSHJR 4(STA):                                                 
                                                                                                    
3.  Fiscal, Office of the Governor                                                                  
4.  Fiscal, Legislative Agency                                                                      
                                                                                                    
HJR 4 was referred to the Finance Committee.                                                        
                                                                                                    
HJR 30                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 30                                                                   
    Relating to supporting the repeal of the Government Pension                                     
    Offset and the Windfall Elimination Provisions from the Social                                  
    Security Act.                                                                                   
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE JOINT RESOLUTION NO. 30(STA)                                                       
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Gruenberg, Seaton, Lynn                                                               
                                                                                                    
No recommendation (1):  Weyhrauch                                                                   
                                                                                                    
The following fiscal note(s) apply to CSHJR 30(STA):                                                
                                                                                                    
1.  Zero, Dept. of Administration                                                                   
                                                                                                    
HJR 30 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 227                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    HOUSE BILL NO. 227                                                                              
    "An Act increasing the jurisdictional limit for small claims and for                            
    magistrates from $7,500 to $10,000; increasing the jurisdictional                               

2004-01-23                     House Journal                      Page 2373
    limit of district courts in certain civil cases from $50,000 to                                 
    $75,000; and amending Rule 11(a)(4), Alaska District Court Rules                                
    of Civil Procedure, relating to service of process for small claims."                           
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Guttenberg, Gatto, Anderson                                                           
                                                                                                    
No recommendation (3):  Dahlstrom, Lynn, Crawford                                                   
                                                                                                    
Amend (1):  Rokeberg                                                                                
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Indeterminate, Alaska Court System                                                              
                                                                                                    
The Speaker pro tempore added a Finance Committee referral to                                       
follow the Judiciary Committee referral.                                                            
                                                                                                    
HB 227 was referred to the Judiciary Committee                                                      
                                                                                                    
HB 282                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
    HOUSE BILL NO. 282                                                                              
    "An Act relating to contracts between the University of Alaska                                  
    and its employees involving research or other development of                                    
    intellectual property and to the authority of the president of the                              
    University of Alaska regarding employee contracts for                                           
    development of intellectual property."                                                          
                                                                                                    
The report was signed by Representative Wilson, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Cissna, Seaton, Wilson                                                                
                                                                                                    
No recommendation (1):  Gatto                                                                       
                                                                                                    
The following fiscal note(s) apply:                                                                 

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1.  Zero, Dept. of Administration                                                                   
Fiscal note(s) forthcoming.                                                                         
                                                                                                    
HB 282 was referred to the Labor & Commerce Committee                                               
                                                                                                    
HB 285                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 285                                                                              
    "An Act adopting the Uniform Electronic Transactions Act;                                       
    repealing certain statutes relating to electronic records and                                   
    electronic signatures; amending Rule 402, Alaska Rules of                                       
    Evidence; and providing for an effective date."                                                 
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 285(JUD)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (7):  Samuels, Holm, Gara, Ogg, Gruenberg, Anderson,                                        
McGuire                                                                                             
                                                                                                    
The following fiscal note(s) apply to CSHB 285(JUD):                                                
                                                                                                    
2.  Zero, Dept. of Natural Resources                                                                
                                                                                                    
HB 285 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 - Commander Sergio D.B. Cerda                                                              
By Senator Gary Stevens                                                                             

2004-01-23                     House Journal                      Page 2375
In Memoriam - Gail Marie (Rabideau) Levesque                                                        
By Senator Green                                                                                    
                                                                                                    
The following citation was introduced and taken up later as a Special                               
Order of Business:                                                                                  
                                                                                                    
Honoring - Kieth and Pat Harvey, 40th Wedding Anniversary                                           
Celebration                                                                                         
By Senator Therriault                                                                               
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                            OF HOUSE BILLS                                                       
                                                                                                    
HB 395                                                                                            
HOUSE BILL NO. 395 by Representatives Harris, Gatto, Stoltze, and                                   
Seaton, entitled:                                                                                   
                                                                                                    
    "An Act relating to shallow natural gas leasing and the regulation                              
    of shallow natural gas operations."                                                             
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Oil & Gas, and the Resources, Judiciary, and Finance Committees.                                    
                                                                                                    
HB 396                                                                                            
HOUSE BILL NO. 396 by Representative Chenault, entitled:                                            
                                                                                                    
    "An Act relating to management of salmon and other fish stocks                                  
    and salmon fisheries and to the use of funds received by an                                     
    enhancement facility from the sale of fish."                                                    
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Fisheries and the Resources Committee.                                                              
                                                                                                    
HB 397                                                                                            
HOUSE BILL NO. 397 by Representatives McGuire, Samuels,                                             
Dahlstrom, and Stoltze, entitled:                                                                   
                                                                                                    
    "An Act relating to defense contacts with and recordings of                                     
    statements of victims or witnesses; and amending Rule 16, Alaska                                
    Rules of Criminal Procedure."                                                                   

2004-01-23                     House Journal                      Page 2376
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
HB 398                                                                                            
HOUSE BILL NO. 398 by Representatives Dahlstrom, Stoltze,                                           
Samuels, McGuire, and Wilson, entitled:                                                             
                                                                                                    
     "An Act relating to domestic violence fatality review teams."                                 
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                         LEGISLATIVE CITATIONS                                                   
                                                                                                    
Representative Foster 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 - John St. Germain and Jim Betts                                                           
By Representatives Joule, Kott, Anderson, Berkowitz, Chenault,                                      
Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg,                                
Guttenberg, Harris, Hawker, Holm, Kapsner, Kerttula, Kookesh,                                       
Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                      
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
Honoring - Ruth Elizabeth Atkinson, Ms. Chemawa for 2003-2004                                       
By Senator Lincoln; Representatives Kookesh, Kott, Anderson,                                        
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kapsner,                                  
Kerttula, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels,                                    
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                       
                                                                                                    
Honoring - Benny Albert                                                                             
By Senator Lincoln; Representatives Coghill, Morgan, Kott,                                          
Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom,                                  
Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm,                                     
Kapsner, Kerttula, Kookesh, Masek, McGuire, Meyer, Ogg, Rokeberg,                                   
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    

2004-01-23                     House Journal                      Page 2377
In Memoriam - Joseph Trucano                                                                        
By Representatives Weyhrauch, Kerttula, Kott, Anderson, Berkowitz,                                  
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara,                                
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kapsner,                                        
Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels,                                     
Seaton, Stepovich, Stoltze, Williams, Wilson, Wolf; Senator Elton                                   
                                                                                                    
                                                                                                    
In Memoriam - Dr. Mary C. Demientieff                                                               
By Senator Lincoln; Representatives Coghill, Kott, Anderson,                                        
Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Fate,                                      
Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm,                                   
Kapsner, Kerttula, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg,                                     
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    
                                                                                                    
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
Representative Foster 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 Anderson - from p.m., plane time, January 23 to a.m.,                                
plane time, January 26, 2004                                                                        
                                                                                                    
Representative Kohring - from 8:00 a.m., January 26 to 7:00 p.m.,                                   
January 27, 2004                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                       SPECIAL ORDER OF BUSINESS                                                 
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
notice and publication requirements be waived and the citation,                                     
Honoring - Kieth and Pat Harvey, 40th Wedding Anniversary                                           
Celebration, be taken up as a Special Order of Business at this time.                               
There being no objection, it was so ordered.                                                        
                                                                                                    

2004-01-23                     House Journal                      Page 2378
Representative Foster moved and asked unanimous consent that the                                    
House approve the citation.  There being no objection, the following                                
citation was approved and sent to enrolling:                                                        
                                                                                                    
Honoring - Kieth and Pat Harvey, 40th Wedding Anniversary                                           
Celebration                                                                                         
By Senator Therriault; Representatives Kott, Anderson, Berkowitz,                                   
Cissna, Coghill, Crawford, Croft, Gatto, Gruenberg, Guttenberg,                                     
Harris, Hawker, Kapsner, Kerttula, Kohring, Lynn, Masek, McGuire,                                   
Meyer, Morgan, Ogg, Samuels, Seaton, Stoltze, Weyhrauch, Wilson                                     
                                                                                                    
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HJR 30                                                                                            
Representative Morgan added his name as cosponsor to:                                               
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 30                                                                   
    Relating to supporting the repeal of the Government Pension                                     
    Offset and the Windfall Elimination Provisions from the Social                                  
    Security Act.                                                                                   
                                                                                                    
                                                                                                    
HJR 32                                                                                            
Representatives McGuire, Meyer, Croft, Gruenberg, and Kookesh                                       
added their names as cosponsors to:                                                                 
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 32                                                                   
     Relating to the labeling of salmon and salmon food products.                                  
                                                                                                    
HB 296                                                                                            
Representative Meyer 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 347                                                                                            
Representative Gara added his name as cosponsor to:                                                 
                                                                                                    

2004-01-23                     House Journal                      Page 2379
    HOUSE BILL NO. 347                                                                              
    "An Act exempting taxicabs from the passenger vehicle rental tax;                               
    and providing for an effective date."                                                           
                                                                                                    
HB 351                                                                                            
Representative Gara added his name as cosponsor to:                                                 
                                                                                                    
    HOUSE BILL NO. 351                                                                              
    "An Act relating to the devices, including carbon monoxide                                      
    detection devices, required in dwellings; and providing for an                                  
    effective date."                                                                                
                                                                                                    
                                                                                                    
HB 364                                                                                            
Representative Heinze removed her name as cosponsor to:                                             
                                                                                                    
    HOUSE BILL NO. 364                                                                              
    "An Act establishing a moratorium on the issuance of state                                      
    shallow natural gas leases in the vicinity of Kachemak Bay, and                                 
    directing the commissioner of natural resources to reacquire                                    
    shallow natural gas leases on the Kenai Peninsula within the                                    
    moratorium area; and providing for an effective date."                                          
                                                                                                    
                                                                                                    
HB 365                                                                                            
Representative Gara added his name as cosponsor to:                                                 
                                                                                                    
    HOUSE BILL NO. 365                                                                              
    "An Act relating to secondary school competency examinations,                                   
    graduation requirements, and diplomas; and providing for an                                     
    effective date."                                                                                
                                                                                                    
HB 386                                                                                            
Representative Heinze added her 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."                                                               
                                                                                                    

2004-01-23                     House Journal                      Page 2380
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
House adjourn until 11:00 a.m., January 26, 2004.  There being no                                   
objection, the House adjourned at 11:33 a.m.                                                        
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk