Legislature(2003 - 2004)

2004-02-04 House Journal

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2004-02-04                     House Journal                      Page 2477
                                                                                                    
                              HOUSE JOURNAL                                                      
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
               TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                        
                                                                                                    
Juneau, Alaska                 Wednesday               February 4, 2004                           
                                                                                                    
                            Twenty-fourth Day                                                  
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 10:02 a.m.                                                                                  
                                                                                                    
Roll call showed 40 members present.                                                                
                                                                                                    
The invocation was offered by the Chaplain, Major Larry Fankhauser                                  
of The Salvation Army.  Representative McGuire moved and asked                                      
unanimous consent that the invocation be spread on the journal.  There                              
being no objection, it was so ordered.                                                              
                                                                                                    
    Dear God,                                                                                       
                                                                                                    
    Thank You for each of these Representatives who gather                                          
    together to lead and serve us who live in this great state.                                     
    Seeking the best for the youngest to the oldest of our people                                   
    can be a difficult task, yet I would pray that as one nation                                    
    under God, they would look to You for the direction needed                                      
    for this day.  I would pray for their families and ask for Your                                 
    blessing on each one.  May they have the assurance of                                           
    knowing that while their loved one is here in Juneau, Your                                      
    love and care is present.  Thank You Lord for strength,                                         
    insight, and wisdom needed this day.  Amen.                                                     
                                                                                                    
The Pledge of Allegiance was led by Representative Joule.                                           
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 22nd and 23rd legislative days be approved as certified                             
by the Chief Clerk.  There being no objection, it was so ordered.                                   
                                                                                                    

2004-02-04                     House Journal                      Page 2478
                             COMMUNICATIONS                                                      
                                                                                                    
The following were received:                                                                        
                                                                                                    
                                                                                                    
Dept. of Administration                                                                             
Office of the Commissioner                                                                          
Monetary Terms of Agreement Between the                                                             
State and the International Organization of Masters,                                                
Mates, and Pilots, PMR                                                                              
February 3, 2004                                                                                    
(as required by AS 23.40.215)                                                                       
                                                                                                    
                                                                                                    
The Speaker referred the report to the Finance Committee.                                           
                                                                                                    
                                                                                                    
Dept. of Administration                                                                             
Division of Finance                                                                                 
2003 Compensation and Travel Report                                                                 
of Executive Positions                                                                              
January 31, 2004                                                                                    
http://fin.admin.state.ak.us/dof/financial_reports/index.jsp                                        
(as required by AS 37.05.210)                                                                       
                                                                                                    
Alaska Court System                                                                                 
2003 Compensation and Travel Report                                                                 
January 29, 2004                                                                                    
(as required by AS 22.20.037)                                                                       
                                                                                                    
Alaska Energy Authority                                                                             
Annual Capital Project Status Report                                                                
January 28, 2004                                                                                    
(as required by AS 44.83.950)                                                                       
                                                                                                    
Alaska Industrial Development and Export Authority                                                  
Annual Report 2003                                                                                  
January 30, 2004                                                                                    
(as required by AS 44.88.210)                                                                       
                                                                                                    

2004-02-04                     House Journal                      Page 2479
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
HJR 9                                                                                             
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 9                                                                    
    Proposing amendments to the Constitution of the State of Alaska                                 
    relating to an appropriation limit and a spending limit.                                        
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE JOINT RESOLUTION NO. 9(JUD)                                                        
    Proposing amendments to the Constitution of the State of Alaska                                 
    relating to an appropriation limit.                                                             
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  McGuire                                                                               
                                                                                                    
No recommendation (6):  Samuels, Holm, Gara, Gruenberg, Anderson,                                   
Ogg                                                                                                 
                                                                                                    
The following fiscal note(s) apply to CSHJR 9(JUD):                                                 
                                                                                                    
2.  Fiscal, Office of the Governor                                                                  
                                                                                                    
HJR 9 was referred to the Finance Committee.                                                        
                                                                                                    
                                                                                                    
HB 282                                                                                            
The Labor & Commerce 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."                                                          
                                                                                                    

2004-02-04                     House Journal                      Page 2480
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Crawford, Rokeberg, Guttenberg, Anderson                                              
                                                                                                    
No recommendation (3):  Lynn, Gatto, Dahlstrom                                                      
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Administration                                                                   
2.  Zero, University of Alaska                                                                      
                                                                                                    
HB 282 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
SB 56                                                                                             
The Finance Committee has considered:                                                               
                                                                                                    
    CS FOR SENATE BILL NO. 56(FIN)                                                                  
    "An Act relating to sport fishing license fees and anadromous king                              
    salmon tag fees for residents of Yukon, Canada; and providing for                               
    an effective date."                                                                             
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 56(FIN)                                                     
    (same title)                                                                                    
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (8):  Joule, Croft, Moses, Chenault, Fate, Foster, Harris,                                  
Williams                                                                                            
                                                                                                    
No recommendation (2):  Hawker, Stoltze                                                             
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 56(FIN):                                             
                                                                                                    
2.  Fiscal, Dept. of Fish & Game                                                                    
                                                                                                    

2004-02-04                     House Journal                      Page 2481
CSSB 56(FIN) was referred to the Rules Committee for placement on                                   
the calendar.                                                                                       
                                                                                                    
                                                                                                    
                      REPORTS OF SPECIAL COMMITTEES                                              
                                                                                                    
HCR 25                                                                                            
The House Special Committee on Fisheries has considered:                                            
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 25                                                              
      Relating to Alaska Wild Salmon Week, June 28 - July 4, 2004.                                 
                                                                                                    
The report was signed by Representative Seaton, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Gara, Ogg, Wilson, Samuels, Seaton                                                    
                                                                                                    
Amend (1):  Guttenberg                                                                              
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Fish & Game                                                                      
                                                                                                    
HCR 25 was referred to the Resources Committee.                                                     
                                                                                                    
                                                                                                    
HJR 32                                                                                            
The House Special Committee on Fisheries has considered:                                            
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 32                                                                   
      Relating to the labeling of salmon and salmon food products.                                 
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE JOINT RESOLUTION NO. 32(FSH)                                                       
    Relating to the labeling of fish and fishery food products.                                     
                                                                                                    
The report was signed by Representative Seaton, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    

2004-02-04                     House Journal                      Page 2482
Do pass (6):  Gara, Ogg, Samuels, Wilson, Guttenberg, Seaton                                        
                                                                                                    
The following fiscal note(s) apply to CSHJR 32(FSH):                                                
                                                                                                    
1.  Zero, Dept. of Environmental Conservation                                                       
                                                                                                    
HJR 32 was referred to the Labor & Commerce Committee.                                              
                                                                                                    
                                                                                                    
HB 341                                                                                            
The House Special Committee on Fisheries has considered:                                            
                                                                                                    
    HOUSE BILL NO. 341                                                                              
      "An Act relating to the dive fishery management assessment."                                 
                                                                                                    
The report was signed by Representative Seaton, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Gara, Ogg, Heinze, Wilson, Samuels, Seaton                                            
                                                                                                    
No recommendation (1):  Guttenberg                                                                  
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
                                                                                                    
HB 341 was referred to the Resources Committee.                                                     
                                                                                                    
                                                                                                    
                        INTRODUCTION OF CITATIONS                                                
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
In Memoriam - Ruth Burnett                                                                          
By Representative Holm                                                                              
                                                                                                    
In Memoriam - Oscar Reese Swanson, "Boo Boo"                                                        
By Representative Foster; Senator Olson                                                             
                                                                                                    

2004-02-04                     House Journal                      Page 2483
In Memoriam - Randy Smith                                                                           
By Representative Stoltze; Senator Guess                                                            
                                                                                                    
In Memoriam - Albert O'Neal Boxx                                                                    
By Senator Davis                                                                                    
                                                                                                    
In Memoriam - Willie Virgle Sims, Sr.                                                               
By Senator Davis                                                                                    
                                                                                                    
In Memoriam - Annie Pearl Pollard                                                                   
By Senator Davis                                                                                    
                                                                                                    
The following citation was introduced and taken up later as a Special                               
Order of Business:                                                                                  
                                                                                                    
In Memoriam - Chief Harry Johns, Sr.                                                                
By Representative Morgan; Senators Lincoln, Seekins                                                 
                                                                                                    
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                          OF HOUSE RESOLUTIONS                                                   
                                                                                                    
HR 8                                                                                              
HOUSE RESOLUTION NO. 8 by Representatives Stepovich, Wilson,                                        
Chenault, and Stoltze:                                                                              
                                                                                                    
    Recognizing February 6, 2004, as Ronald Reagan Day in Alaska.                                   
                                                                                                    
was read the first time and referred to the Rules Committee for                                     
placement on the calendar.                                                                          
                                                                                                    
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                             OF HOUSE BILLS                                                      
                                                                                                    
HB 425                                                                                            
HOUSE BILL NO. 425 by Representative Coghill, entitled:                                             
                                                                                                    
    "An Act relating to funding for school districts operating                                      
    secondary school boarding programs, to funding for school                                       
    districts from which boarding students come, and to inoperative                                 
    school districts; and providing for an effective date."                                         

2004-02-04                     House Journal                      Page 2484
was read the first time and referred to the House Special Committee on                              
Education and the Health, Education & Social Services and Finance                                   
Committees.                                                                                         
                                                                                                    
HB 426                                                                                            
HOUSE BILL NO. 426 by Representatives Kott, McGuire, Harris,                                        
Williams, and Fate, entitled:                                                                       
                                                                                                    
    "An Act relating to the levy and collection of an assessment on                                 
    certain tourism-related and recreation-related goods and services,                              
    to tourism marketing contracts, and to vehicle rental taxes; and                                
    providing for an effective date."                                                               
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Economic Development, International Trade, & Tourism and the                                        
Labor & Commerce and Finance Committees.                                                            
                                                                                                    
HB 427                                                                                            
HOUSE BILL NO. 427 by Representative Anderson, entitled:                                            
                                                                                                    
    "An Act relating to guardianships and conservatorships, to the                                  
    public guardian and the office of public advocacy, to private                                   
    professional guardians and private professional conservators, to                                
    court visitors, court-appointed attorneys, guardians ad litem, and                              
    fiduciaries, and to the protection of the person or property of                                 
    certain individuals, including minors; amending Rules 16(f) and                                 
    17(e), Alaska Rules of Probate Procedure; and providing for an                                  
    effective date."                                                                                
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Judiciary Committees.                                                                  
                                                                                                    
HB 428                                                                                            
HOUSE BILL NO. 428 by Representatives Meyer and Wilson,                                             
entitled:                                                                                           
                                                                                                    
    "An Act relating to civil liability for acts related to obtaining                               
    alcohol for persons under 21 years of age or for persons under 21                               
    years of age being on licensed premises."                                                       
                                                                                                    

2004-02-04                     House Journal                      Page 2485
was read the first time and referred to the Labor & Commerce and                                    
Judiciary Committees.                                                                               
                                                                                                    
HB 429                                                                                            
HOUSE BILL NO. 429 by Representatives Stoltze and McGuire,                                          
entitled:                                                                                           
                                                                                                    
    "An Act expanding the definition of 'political party' to include a                              
    party that nominated a candidate for United States senator who                                  
    received at least three percent of the total votes cast for United                              
    States senator at the preceding general election and a party that                               
    nominated a candidate for United States representative who                                      
    received at least three percent of the total votes cast for United                              
    States representative at the preceding general election."                                       
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
                                                                                                    
HB 430                                                                                            
HOUSE BILL NO. 430 by Representatives Kerttula and Heinze,                                          
entitled:                                                                                           
                                                                                                    
    "An Act relating to employees under 21 years of age in the                                      
    premises of hotels, restaurants, and eating places that are licensed                            
    to sell, serve, deliver, or dispense alcoholic beverages."                                      
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Judiciary Committees.                                                                               
                                                                                                    
                                                                                                    
HB 431                                                                                            
HOUSE BILL NO. 431 by Representative Moses, entitled:                                               
                                                                                                    
    "An Act relating to the municipal dividend program; and                                         
    providing for an effective date."                                                               
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs, State Affairs, and Finance Committees.                                                     
                                                                                                    

2004-02-04                     House Journal                      Page 2486
HB 432                                                                                            
HOUSE BILL NO. 432 by Representatives Kerttula and Heinze,                                          
entitled:                                                                                           
                                                                                                    
    "An Act relating to forgiveness of portions of education loans for                              
    certain borrowers who are residents of the state."                                              
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Education and the Health, Education & Social Services and Finance                                   
Committees.                                                                                         
                                                                                                    
HB 433                                                                                            
HOUSE BILL NO. 433 by Representatives Kerttula, McGuire, and                                        
Ogg, entitled:                                                                                      
                                                                                                    
    "An Act relating to labeling and identification of genetically                                  
    modified fish and fish products."                                                               
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Fisheries and the Resources and Labor & Commerce Committees.                                        
                                                                                                    
HB 434                                                                                            
HOUSE BILL NO. 434 by Representative Holm, entitled:                                                
                                                                                                    
    "An Act relating to the practice of naturopathic medicine; and                                  
    providing for an effective date."                                                               
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Judiciary Committees.                                                                               
                                                                                                    
HB 435                                                                                            
HOUSE BILL NO. 435 by Representatives Kerttula, Heinze,                                             
McGuire, and Ogg, entitled:                                                                         
                                                                                                    
    "An Act relating to the identification of finfish in food products                              
    and to the misbranding of food products consisting of or                                        
    containing finfish."                                                                            
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Fisheries and the Labor & Commerce and  Resources Committees.                                       

2004-02-04                     House Journal                      Page 2487
                   CONSIDERATION OF THE DAILY CALENDAR                                           
                                                                                                    
                      SECOND READING OF HOUSE BILLS                                              
                                                                                                    
HB 93                                                                                             
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 93                                                                               
    "An Act relating to boating safety; repealing secs. 3, 5, 7, 9, 11,                             
    14, 16, 18, 20, 23, 26, 27, and 30, ch. 28, SLA 2000; and                                       
    providing for an effective date."                                                               
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 TRA RPT CS(TRA) NT 1DP 2DNP 2NR                                      730                           
 FN1: ZERO(DNR)                                                       730                           
 STA RPT CS(TRA) NT 6DP                                               866                           
 FN1: ZERO(DNR)                                                       866                           
 FN2: (ADM)                                                           866                           
 FIN RPT CS(FIN) NT 4DP 6NR                                         2449                            
 FN3: ZERO(DNR)                                                     2450                            
 FN4: (ADM)                                                         2450                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    CS FOR HOUSE BILL NO. 93(FIN)                                                                   
    "An Act relating to boating safety, registration, and numbering;                                
    extending the sunset date of changes in ch. 28, SLA 2000; and                                   
    providing for an effective date."                                                               
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 93(FIN) be considered engrossed, advanced to third reading,                                    
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 93(FIN) was read the third time.                                                               
                                                                                                    

2004-02-04                     House Journal                      Page 2488
Representative Seaton moved and asked unanimous consent that he be                                  
allowed to abstain from voting because of a conflict of interest.                                   
Objection was heard, and Representative Seaton was required to vote.                                
                                                                                                    
The Speaker stated that all members with a similar conflict of interest                             
would be required to vote.                                                                          
                                                                                                    
The question being:  "Shall CSHB 93(FIN) pass the House?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CSHB 93(FIN)                                                                                        
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kookesh, Kott,                                      
Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                          
Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson, Wolf                                       
                                                                                                    
Nays:  Gatto, Kohring, Stoltze                                                                      
                                                                                                    
And so, CSHB 93(FIN) passed the House.                                                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
CSHB 93(FIN) was referred to the Chief Clerk for engrossment.                                       
                                                                                                    
The Speaker stated that the House would stand at ease to allow                                      
members of the Senate to enter the Chamber; and so, the House stood                                 
at ease at 10:43 a.m.                                                                               
                                                                                                    
                       JOINT SESSION IN THE HOUSE                                                
                                                                                                    
In accordance with Uniform Rule 51, Speaker Kott turned the gavel                                   
over to President Therriault who called the joint session to order at                               
11:05 a.m.                                                                                          
                                                                                                    

2004-02-04                     House Journal                      Page 2489
The purpose of the joint session was to hear an update by the                                       
Honorable Frank H. Murkowski, Governor of Alaska, on the                                            
administration's actions regarding a gas pipeline.                                                  
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the roll                                 
call of the Senate be waived and all members be shown as present.                                   
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call of the House be waived and all members be shown as present.                               
There being no objection, it was so ordered.                                                        
                                                                                                    
President Therriault appointed Representative Joule and Senator Gary                                
Stevens to escort the Governor to the joint session.                                                
                                                                                                    
The Senate Sergeant-at-Arms announced the Governor's entrance into                                  
the House Chamber.                                                                                  
                                                                                                    
Governor Murkowski was escorted to the rostrum and welcomed by                                      
President Therriault.                                                                               
                                                                                                    
Governor Murkowski delivered his address and it will be published in                                
Senate and House Joint Journal Supplement No. 12.                                                   
                                                                                                    
Governor Murkowski received a standing ovation and was escorted                                     
from the Chamber by Representative Joule and Senator Gary Stevens.                                  
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
joint session adjourn.  There being no objection, President Therriault                              
adjourned the joint session at 11:36 a.m.                                                           
                                                                                                    
The Speaker ordered the House at ease to allow members of the Senate                                
to leave the Chamber.                                                                               
                                                                                                    
                              IN THE HOUSE                                                       
                                                                                                    
The Speaker called the House back to order at 11:37 a.m.                                            
                                                                                                    
                              ANNOUNCEMENTS                                                      
                                                                                                    
Majority Caucus           Speaker's Chamber                     noon, 2/4                           
                                                                                                    

2004-02-04                     House Journal                      Page 2490
The Speaker stated that the House would recess until 5:00 p.m.; and                                 
so, the House recessed at 11:38 a.m.                                                                
                                                                                                    
                              AFTER RECESS                                                       
                                                                                                    
The Speaker called the House back to order at 5:52 p.m.                                             
                                                                                                    
                   CONSIDERATION OF THE DAILY CALENDAR                                           
                               (Continued)                                                         
                                                                                                    
The Speaker stated that, without objection, the House would advance                                 
to:                                                                                                 
                                                                                                    
                   THIRD READING OF HOUSE RESOLUTIONS                                            
                                                                                                    
HJR 5                                                                                             
The following, which was advanced to third reading from the February                                
2, 2004, calendar (page 2465), was read the third time:                                             
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 5                                                                    
    Proposing an amendment to the Constitution of the State of                                      
    Alaska relating to initiative and referendum petitions.                                         
                                                                                                    
Representative Rokeberg placed a call of the House and lifted the call.                             
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
HJR 5 be returned to second reading for the specific purpose of                                     
considering Amendment No. 1.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
Amendment No. 1 was offered  by Representatives Gruenberg,                                           
Berkowitz, Kerttula, Croft, and Guttenberg:                                                         
                                                                                                    
Page 1, following line 12:                                                                          
    Insert a new bill section to read:                                                              
   * Sec. 2.  Article XI, sec. 4, Constitution of the State of Alaska, is                         
amended to read:                                                                                    
     Section 4.  Initiative Election.  An initiative petition may be                              
    filed at any time.  The lieutenant governor shall prepare a ballot                              
    title and proposition summarizing the proposed law, and shall                                   

2004-02-04                     House Journal                      Page 2491
    place them on the ballot for the first statewide election held more                             
    than one hundred-twenty days after adjournment of the legislative                               
    session following the filing.  If, before the election, substantially                           
    the same measure has been enacted, the petition is void.  A                                 
    measure enacted by the legislature that voids a petition under                              
    this section may not be repealed or amended by the legislature                              
    within two years of its effective date.                                                     
                                                                                                    
Renumber the following bill section accordingly.                                                    
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Williams objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HJR 5                                                                                               
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  13   NAYS:  27   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Joule, Kapsner, Kerttula, Kookesh, McGuire, Moses                                       
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek, Meyer,                                    
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
HJR 5 be returned to second reading for the specific purpose of                                     
considering Amendment No. 2.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
Amendment No. 2 was offered  by Representatives Gruenberg,                                           
Kerttula, Croft, and Guttenberg:                                                                    
                                                                                                    

2004-02-04                     House Journal                      Page 2492
Page 1, following line 12:                                                                          
 Insert a new bill section to read:                                                                 
   * Sec. 2.  Article XI, sec. 6, Constitution of the State of Alaska, is                         
amended to read:                                                                                    
     Section 6.  Enactment.  If a majority of the votes cast on the                               
    proposition favor its adoption, the initiated measure is enacted.  If                           
    a majority of the votes cast on the proposition favor the rejection                             
    of an act referred, it is rejected.  The lieutenant governor shall                              
    certify the election returns.  An initiated law becomes effective                               
    ninety days after certification, is not subject to veto, and may not                            
    be repealed or amended by the legislature within two years of its                           
    effective date.  [IT MAY BE AMENDED AT ANY TIME.]  An                                           
    act rejected by referendum is void thirty days after certification.                             
    Additional procedures for the initiative and referendum may be                                  
    prescribed by law.                                                                              
                                                                                                    
Renumber the following bill section accordingly.                                                    
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HJR 5                                                                                               
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  12   NAYS:  28   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Cissna, Crawford, Croft, Gara, Gruenberg, Guttenberg, Joule,                                 
Kapsner, Kerttula, Kookesh, Lynn, Moses                                                             
                                                                                                    
Nays:  Anderson, Berkowitz, Chenault, Coghill, Dahlstrom, Fate,                                     
Foster, Gatto, Harris, Hawker, Heinze, Holm, Kohring, Kott, Masek,                                  
McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                             
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    

2004-02-04                     House Journal                      Page 2493
Representative Rokeberg placed a call of the House.                                                 
                                                                                                    
The call was satisfied.                                                                             
                                                                                                    
The question being:  "Shall HJR 5 pass the House?"  The roll was                                    
taken with the following result:                                                                    
                                                                                                    
HJR 5                                                                                               
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  26   NAYS:  14   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Fate, Foster, Harris, Hawker,                                   
Heinze, Holm, Joule, Kapsner, Kohring, Kookesh, Kott, McGuire,                                      
Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich,                                           
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gatto,                                  
Gruenberg, Guttenberg, Kerttula, Lynn, Masek, Moses, Stoltze                                        
                                                                                                    
And so, lacking the necessary 27 votes, HJR 5 failed to pass the                                    
House.                                                                                              
                                                                                                    
Representative Rokeberg gave notice of reconsideration of the vote on                               
HJR 5(fld H).                                                                                       
                                                                                                    
                      THIRD READING OF HOUSE BILLS                                               
                                                                                                    
HB 31                                                                                             
The Speaker stated that, without objection, the following, which was                                
advanced to third reading from the February 2, 2004, calendar (page                                 
2453), would be held to tomorrow's calendar:                                                        
                                                                                                    
    HOUSE BILL NO. 31                                                                               
    "An Act relating to initiative and referendum petitions; and                                    
    providing for an effective date."                                                               
                                                                                                    
HB 374                                                                                            
The following, which was advanced to third reading from the February                                
2, 2004, calendar (page 2465), was read the third time:                                             
                                                                                                    

2004-02-04                     House Journal                      Page 2494
    CS FOR HOUSE BILL NO. 374(FIN) am                                                               
    "An Act establishing the senior care program and relating to that                               
    program; creating a new fund for the provision of senior services;                              
    relating to aid to senior citizens; and providing for an effective                              
    date."                                                                                          
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 374(FIN) am pass the House?"  The                                  
roll was taken with the following result:                                                           
                                                                                                    
CSHB 374(FIN) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                   
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                    
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Absent:  Harris                                                                                     
                                                                                                    
And so, CSHB 374(FIN) am passed the House.                                                          
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
                                                                                                    
CSHB 374(FIN) am 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:                             
                                                                                                    

2004-02-04                     House Journal                      Page 2495
Honoring - Mr. Carl Brady, Jr.                                                                      
By Senator French; Representatives Berkowitz, Kott, Anderson,                                       
Chenault, Cissna, Crawford, Croft, Dahlstrom, Fate, Foster, Gara,                                   
Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner,                                        
Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan,                                    
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams,                                     
Wilson, Wolf                                                                                        
                                                                                                    
Honoring - Mr. William "Bill" J. Tobin                                                              
By Senator French; Representatives Berkowitz, Kott, Anderson,                                       
Chenault, Cissna, Crawford, Croft, Dahlstrom, Fate, Gara, Gruenberg,                                
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring,                                
Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                        
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
In Memoriam - Cynthia E. Samuelson                                                                  
By Representatives Moses, Kott, Anderson, Berkowitz, Chenault,                                      
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara,                                    
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner,                                 
Kerttula, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                    
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
In Memoriam - Dr. Harriet "Rusty" Bellringer                                                        
By Representatives Stoltze, Dahlstrom, Kott, Anderson, Berkowitz,                                   
Chenault, Cissna, Coghill, Crawford, Croft, Fate, Foster, Gara, Gatto,                              
Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner,                                        
Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg,                                     
Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson,                                  
Wolf; Senator Ogan                                                                                  
                                                                                                    
In Memoriam - Ivar Wallin                                                                           
By Representatives Ogg, Kott, Anderson, Berkowitz, Chenault,                                        
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara,                                    
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner,                                 
Kerttula, Kookesh, Masek, McGuire, Meyer, Morgan, Rokeberg,                                         
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf; Senator Gary Stevens                                                                          
                                                                                                    

2004-02-04                     House Journal                      Page 2496
In Memoriam - Charles Edwin Saunders                                                                
By Representatives Ogg, Kott, Anderson, Berkowitz, Chenault,                                        
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara,                                    
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner,                                 
Kerttula, Kookesh, Masek, McGuire, Meyer, Morgan, Rokeberg,                                         
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf; Senator Gary Stevens                                                                          
                                                                                                    
                           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 Cissna - from 11:00 a.m., February 5 to 10:00 p.m.,                                  
February 8, 2004                                                                                    
                                                                                                    
Representative Heinze - from 7:04 a.m., February 5 to 9:38 p.m.,                                    
February 8, 2004                                                                                    
                                                                                                    
Representative Anderson - from 7:24 a.m., February 6 to 9:35 a.m.,                                  
February 9, 2004                                                                                    
                                                                                                    
Representative Chenault - from 7:24 a.m., February 6 to 9:38 p.m.,                                  
February 9, 2004                                                                                    
                                                                                                    
Representative Holm - from 7:24 a.m., February 6 to 9:30 a.m.,                                      
February 9, 2004                                                                                    
                                                                                                    
Representative Samuels - from evening plane time, February 5 to                                     
10:00 p.m., February 8, 2004                                                                        
                                                                                                    
Representative Hawker - from 1:16 p.m., February 6 to 9:30 p.m.,                                    
February 8, 2004                                                                                    
                                                                                                    
Representative Dahlstrom - from evening plane time, February 6 to                                   
morning plane time, February 9, 2004                                                                
                                                                                                    
Representative Rokeberg - from 6:00 p.m., February 6 to 6:00 a.m.,                                  
February 16, 2004                                                                                   
                                                                                                    

2004-02-04                     House Journal                      Page 2497
Representative Wilson - from 2:08 p.m., February 7 to 12:36 p.m.,                                   
February 8, 2004                                                                                    
                                                                                                    
Representative Morgan - from 7:24 a.m., February 8 to 9:38 p.m.,                                    
February 9, 2004                                                                                    
                                                                                                    
Representative Berkowitz - from afternoon, February 9 to morning,                                   
February 13, 2004                                                                                   
                                                                                                    
HB 399                                                                                            
The Speaker added a State Affairs Committee referral to precede the                                 
Resources Committee referral for the following:                                                     
                                                                                                    
    HOUSE BILL NO. 399                                                                              
    "An Act relating to certain fees or other monetary charges of the                               
    Department of Environmental Conservation; relating to action                                    
    against Department of Environmental Conservation permits and                                    
    other authorizations for failure to pay a monetary charge; and                                  
    providing for an effective date."                                                               
                                                                                                    
HB 399 was removed from the Resources Committee and referred to                                     
the State Affairs Committee with further referrals to the Resources,                                
Judiciary, and Finance Committees.                                                                  
                                                                                                    
HB 434                                                                                            
The Speaker added a Health, Education & Social Services Committee                                   
referral to follow the Labor & Commerce Committee referral for the                                  
following:                                                                                          
                                                                                                    
    HOUSE BILL NO. 434                                                                              
    "An Act relating to the practice of naturopathic medicine; and                                  
    providing for an effective date."                                                               
                                                                                                    
HB 434 is in the Labor & Commerce Committee with further referrals                                  
to the Health, Education & Social Services and Judiciary Committees.                                
                                                                                                    
                        SPECIAL ORDER OF BUSINESS                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
notice and publication requirements be waived and the citation, In                                  
Memoriam - Chief Harry Johns, Sr., be taken up as a Special Order of                                
Business at this time.  There being no objection, it was so ordered.                                
                                                                                                    

2004-02-04                     House Journal                      Page 2498
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citation.  There being no objection, the following                                
citation was approved and sent to enrolling:                                                        
                                                                                                    
In Memoriam - Chief Harry Johns, Sr.                                                                
By Representatives Morgan, Kott, Anderson, Berkowitz, Chenault,                                     
Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto,                                   
Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner,                                        
Kerttula, Kookesh, Masek, McGuire, Meyer, Ogg, Rokeberg,                                            
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf; Senators Lincoln, Seekins                                                                     
                                                                                                    
                                                                                                    
                           UNFINISHED BUSINESS                                                   
                                                                                                    
HJR 32                                                                                            
Representatives Gara and Samuels added their names as cosponsors                                    
to:                                                                                                 
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 32                                                                   
      Relating to the labeling of salmon and salmon food products.                                 
                                                                                                    
HB 91                                                                                             
Representative Croft added his name as cosponsor 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 93                                                                                             
Representatives Croft, Seaton, and Kerttula added their names as                                    
cosponsors to:                                                                                      
                                                                                                    
    CS FOR HOUSE BILL NO. 93(FIN)                                                                   
    "An Act relating to boating safety, registration, and numbering;                                
    extending the sunset date of changes in ch. 28, SLA 2000; and                                   
    providing for an effective date."                                                               
                                                                                                    

2004-02-04                     House Journal                      Page 2499
HB 282                                                                                            
Representatives Anderson and McGuire added their names as                                           
cosponsors to:                                                                                      
                                                                                                    
    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."                                                          
                                                                                                    
HB 339                                                                                            
Representative Anderson added his name as cosponsor to:                                             
                                                                                                    
    HOUSE BILL NO. 339                                                                              
    "An Act relating to negative option plans for sales, to charges for                             
    goods or services after a trial period, and to acts that are unlawful                           
    as unfair trade practices."                                                                     
                                                                                                    
HB 341                                                                                            
Representative Joule added his name as cosponsor to:                                                
                                                                                                    
    HOUSE BILL NO. 341                                                                              
      "An Act relating to the dive fishery management assessment."                                 
                                                                                                    
HB 367                                                                                            
Representative Anderson added his name as cosponsor to:                                             
                                                                                                    
    HOUSE BILL NO. 367                                                                              
    "An Act relating to the licensing and regulation of sex-oriented                                
    businesses and sex- oriented business entertainers; relating to                                 
    protection of the safety and health of and to education of young                                
    persons who perform in adult entertainment establishments; and                                  
    providing for an effective date."                                                               
                                                                                                    
SB 56                                                                                             
Representative Foster added his name as cross sponsor to:                                           
                                                                                                    
    CS FOR SENATE BILL NO. 56(FIN)                                                                  
    "An Act relating to sport fishing license fees and anadromous king                              
    salmon tag fees for residents of Yukon, Canada; and providing for                               
    an effective date."                                                                             

2004-02-04                     House Journal                      Page 2500
                               ENGROSSMENT                                                       
                                                                                                    
HB 93                                                                                             
CSHB 93(FIN) was engrossed, signed by the Speaker and Chief Clerk                                   
and transmitted to the Senate for consideration.                                                    
                                                                                                    
HB 374                                                                                            
CSHB 374(FIN) am was engrossed, signed by the Speaker and Chief                                     
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
                       ENGROSSMENT AND ENROLLMENT                                                
                                                                                                    
HR 7                                                                                              
The following was engrossed and enrolled, signed by the Speaker and                                 
Chief Clerk, and the engrossed and enrolled copies were transmitted to                              
the Office of the Governor at 1:51 p.m., February 3, 2004:                                          
                                                                                                    
    HOUSE RESOLUTION NO. 7                                                                          
    Dedicating the House Resources Committee Room of the Alaska                                     
    State Capitol to the late Representative Ramona L. Barnes.                                      
                                                                                                    
                              ANNOUNCEMENTS                                                      
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                               ADJOURNMENT                                                       
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., February 5, 2004.  There being no                                   
objection, the House adjourned at 8:13 p.m.                                                         
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk