Legislature(2003 - 2004)
2004-02-12 House Journal
Full Journal pdf2004-02-12 House Journal Page 2561 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- SECOND SESSION Juneau, Alaska Thursday February 12, 2004 Thirty-second Day Pursuant to adjournment the House was called to order by Speaker Kott at 10:03 a.m. The following members were present for the technical session: Speaker Kott, Representatives Chenault, Foster, Kapsner, and Stoltze. MESSAGES FROM THE SENATE A message dated February 9, 2004, was received stating the Senate has accepted the invitation to meet in joint session in the House Chamber at 11:00 a.m., February 16, to hear an address by U.S. Senator Ted Stevens. REPORTS OF STANDING COMMITTEES HCR 25 The Resources Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 25 Relating to Alaska Wild Salmon Week, June 28 - July 4, 2004. and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 25(RES) (same title) The report was signed by Representatives Masek and Dahlstrom, Co- chairs, with the following individual recommendations: 2004-02-12 House Journal Page 2562 Do pass (7): Lynn, Stepovich, Kerttula, Guttenberg, Gatto, Masek, Dahlstrom The following fiscal note(s) apply to CSHCR 25(RES): 1. Zero, Dept. of Fish & Game HCR 25 was referred to the Rules Committee for placement on the calendar. HJR 32 The Labor & Commerce Committee 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 Anderson, Chair, with the following individual recommendations: Do pass (4): Lynn, Gatto, Dahlstrom, Anderson The following fiscal note(s) apply to CSHJR 32(FSH): 1. Zero, Dept. of Environmental Conservation HJR 32 was referred to the Rules Committee for placement on the calendar. HB 227 The Judiciary Committee has considered: HOUSE BILL NO. 227 "An Act increasing the jurisdictional limit for small claims and for magistrates from $7,500 to $10,000; increasing the jurisdictional limit of district courts in certain civil cases from $50,000 to 2004-02-12 House Journal Page 2563 $75,000; and amending Rule 11(a)(4), Alaska District Court Rules of Civil Procedure, relating to service of process for small claims." and recommends it be replaced with: CS FOR HOUSE BILL NO. 227(JUD) "An Act increasing the jurisdictional limit for small claims and for magistrates from $7,500 to $10,000; increasing the jurisdictional limit of district courts in certain civil cases from $50,000 to $100,000; expanding the jurisdiction of district courts; limiting magistrates from hearing certain small claims cases; and amending Rule 11(a)(4), Alaska District Court Rules of Civil Procedure, relating to service of process for small claims." The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (1): McGuire No recommendation (4): Samuels, Holm, Gara, Ogg The following fiscal note(s) apply to CSHB 227(JUD): 1. Indeterminate, Alaska Court System HB 227 was referred to the Finance Committee. HB 340 The Judiciary Committee has considered: HOUSE BILL NO. 340 "An Act relating to damages in an action for a defect in the design, construction, and remodeling of certain dwellings; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 340(JUD) (same title) 2004-02-12 House Journal Page 2564 The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (5): Ogg, Samuels, Holm, Anderson, McGuire No recommendation (1): Gara The following fiscal note(s) apply to CSHB 340(JUD): 1. Zero, Dept. of Community & Economic Development HB 340 was referred to the Rules Committee for placement on the calendar. HB 348 The Judiciary Committee has considered: HOUSE BILL NO. 348 "An Act relating to the rights of certain victims of crime to receive information about the office of victims' rights." and recommends it be replaced with: CS FOR HOUSE BILL NO. 348(JUD) "An Act relating to the rights of certain victims of crime to receive information about the office of victims' rights and the Violent Crimes Compensation Board." The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (5): Gara, Samuels, Anderson, Gruenberg, McGuire A House Judiciary Committee letter of intent for CSHB 348(JUD), signed by Representative McGuire, Chair, follows: "Section 2 of this Act requires the victims' advocate to include within brochures or other written material to be given to certain crime victims information about the Violent Crimes Compensation Board. It is the intent of the House Judiciary Committee that this requirement applies 2004-02-12 House Journal Page 2565 only to brochures or other written material printed after the effective date of this Act. The victims' advocate may continue to supply brochures or other written material printed before the effective date of this Act until those brochures or materials are exhausted." The following fiscal note(s) apply to CSHB 348(JUD): 1. Zero, Dept. of Administration 2. Zero, Dept. of Administration 3. Zero, Dept. of Law 4. Zero, House Judiciary Committee 5. Zero, Dept. of Public Safety HB 348 was referred to the Rules Committee for placement on the calendar. HB 356 The Labor & Commerce Committee has considered: HOUSE BILL NO. 356 "An Act relating to operation of alcoholic beverage delivery sites; and providing for an effective date." The report was signed by Representative Anderson, Chair, with the following individual recommendations: Do pass (4): Lynn, Gatto, Dahlstrom, Anderson The following fiscal note(s) apply: 1. Zero, Dept. of Public Safety HB 356 was referred to the Rules Committee for placement on the calendar. HB 357 The Judiciary Committee has considered: 2004-02-12 House Journal Page 2566 HOUSE BILL NO. 357 "An Act relating to restitution; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 357(JUD) (same title) The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (3): Samuels, Gara, McGuire No recommendation (1): Holm The following fiscal note(s) apply to CSHB 357(JUD): 1. Indeterminate, Dept. of Administration 2. Indeterminate, Dept. of Law The Speaker added a Finance Committee referral to HB 357. HB 357 was referred to the Finance Committee. HB 397 The Judiciary Committee has considered: HOUSE BILL NO. 397 "An Act relating to defense contacts with and recordings of statements of victims or witnesses; and amending Rule 16, Alaska Rules of Criminal Procedure." and recommends it be replaced with: CS FOR HOUSE BILL NO. 397(JUD) "An Act relating to defense contacts with and recordings of statements of victims and witnesses of sexual offenses." 2004-02-12 House Journal Page 2567 The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (3): Samuels, Anderson, McGuire No recommendation (2): Holm, Gara The following fiscal note(s) apply to CSHB 397(JUD): 1. Zero, Dept. of Administration 2. Zero, Dept. of Administration 3. Zero, Dept. of Law HB 397 was referred to the Rules Committee for placement on the calendar. HB 398 The Judiciary Committee has considered: HOUSE BILL NO. 398 "An Act relating to domestic violence fatality review teams." and recommends it be replaced with: CS FOR HOUSE BILL NO. 398(JUD) (same title) The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (5): Gara, Samuels, Anderson, Gruenberg, McGuire The following fiscal note(s) apply to CSHB 398(JUD): 1. Zero, Dept. of Administration 2. Zero, Dept. of Administration 3. Zero, Dept. of Law 4. Zero, Dept. of Public Safety HB 398 was referred to the Rules Committee for placement on the calendar. 2004-02-12 House Journal Page 2568 HB 414 The State Affairs Committee has considered: HOUSE BILL NO. 414 "An Act relating to filling the vacancy in the office of United States senator, and to the definition of 'political party.'" and recommends it be replaced with: CS FOR HOUSE BILL NO. 414(STA) (same title) The report was signed by Representative Weyhrauch, Chair, with the following individual recommendations: Do pass (3): Seaton, Coghill, Weyhrauch Do not pass (1): Berkowitz No recommendation (3): Gruenberg, Holm, Lynn The following fiscal note(s) apply to CSHB 414(STA): 1. Zero, Office of the Governor HB 414 was referred to the Judiciary Committee. REPORTS OF SPECIAL COMMITTEES HJR 34 The House Special Committee on Fisheries has considered: HOUSE JOINT RESOLUTION NO. 34 Requesting the United States Department of Agriculture and the United States Department of Labor to extend Trade Adjustment Assistance benefits to Alaska fishermen; requesting the United States Congress and the United States Department of Agriculture to extend additional disaster and price support benefits to Alaska salmon fishermen; and requesting the United States Department of 2004-02-12 House Journal Page 2569 Agriculture to establish terminal markets in Alaska for all covered commodities including salmon. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 34(FSH) Requesting the United States Department of Agriculture and the United States Department of Labor to extend Trade Adjustment Assistance benefits to Alaska salmon fishermen; requesting the United States Congress and the United States Department of Agriculture to extend additional disaster and price support benefits to Alaska salmon fishermen; and requesting the United States Department of Commerce to establish a Trade Adjustment Assistance program specific to commercial fishermen. The report was signed by Representative Seaton, Chair, with the following individual recommendations: Do pass (5): Ogg, Wilson, Samuels, Guttenberg, Seaton The following fiscal note(s) apply to CSHJR 34(FSH): 1. Zero, Legislative Agency HJR 34 was referred to the Labor & Commerce Committee. HB 296 The House Special Committee on Oil & Gas has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 296 "An Act making an appropriation to the Alaska Natural Gas Development Authority; and providing for an effective date." The report was signed by Representative Kohring, Chair, with the following individual recommendations: Do pass (4): Heinze, Crawford, Kerttula, McGuire Do not pass (1): Kohring 2004-02-12 House Journal Page 2570 No recommendation (1): Holm SSHB 296 was referred to the Resources Committee. HB 410 The House Special Committee on Fisheries has considered: HOUSE BILL NO. 410 "An Act relating to the administration of commercial fishing entry permit buy-back programs." The report was signed by Representative Seaton, Chair, with the following individual recommendations: Do pass (3): Ogg, Wilson, Seaton No recommendation (2): Samuels, Guttenberg The following fiscal note(s) apply: 1. Zero, Dept. of Fish & Game HB 410 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: Honoring - University of Alaska Women's Basketball Team By Representative Meyer Honoring - August Hiebert By Representative Gara; Senator Ellis In Memoriam - Chief Peter John By Representative Morgan; Senator Lincoln 2004-02-12 House Journal Page 2571 In Memoriam - Nick P. Mellick, Jr. By Representative Morgan; Senator Lincoln In Memoriam - Senator Frank R. Parraq Ferguson By Representative Joule In Memoriam - Representative Ramona Barnes By Senator Cowdery In Memoriam - Robert Lynn Plymire By Senator Gary Stevens; Representative Seaton In Memoriam - Japhet J. Anvil By Senator Hoffman; Representative Kapsner In Memoriam - Alexie "Tutmaralia" Isaac By Senator Hoffman; Representative Kapsner UNFINISHED BUSINESS HB 404 The Office of the Governor has submitted the following fiscal note: 4. Zero, Dept. of Labor & Workforce Development The fiscal note applies to the following which was introduced on January 28 (page 2417): HOUSE BILL NO. 404 "An Act relating to the Alaska Commission on Postsecondary Education; relating to the Alaska Student Loan Corporation; relating to bonds of the corporation; relating to loan and grant programs of the commission; relating to an exemption from the State Procurement Code regarding certain contracts of the commission or corporation; making conforming changes; and providing for an effective date." HB 404 is in the House Special Committee on Education. 2004-02-12 House Journal Page 2572 HR 8 Representative Kohring removed his name as cosponsor to: HOUSE RESOLUTION NO. 8 Recognizing February 6, 2004, as Ronald Reagan Day in Alaska. HJR 32 Representative Anderson added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 32 Relating to the labeling of salmon and salmon food products. HJR 35 Representatives McGuire, Morgan, Gara, Crawford, and Cissna added their names as cosponsors to: HOUSE JOINT RESOLUTION NO. 35 Relating to mad cow disease and country-of-origin labeling for meat products. HB 91 Representative Ogg 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 181 Representative Kerttula added her name as cosponsor to: HOUSE BILL NO. 181 "An Act relating to a state veterans' home; directing the Department of Administration to apply for federal grants available for construction of a state veterans' home; and providing for an effective date." HB 182 Representative Kerttula added her name as cosponsor to: 2004-02-12 House Journal Page 2573 HOUSE BILL NO. 182 "An Act appropriating money for the construction of a state veterans' home; and providing for an effective date." HB 196 Representative Kohring removed his name as cosponsor to: CS FOR HOUSE BILL NO. 196(RES) "An Act relating to carbon sequestration; and providing for an effective date." HB 259 Representative Kohring removed his name as cosponsor to: HOUSE BILL NO. 259 "An Act relating to public school transportation, and to the minimum wages for school bus drivers; and providing for an effective date." HB 275 Representative Masek added her name as cosponsor to: HOUSE BILL NO. 275 "An Act relating to veterinarians and animals." HB 287 Representative Kerttula added her name as cosponsor to: HOUSE BILL NO. 287 "An Act relating to waiver of permanent fund dividend application requirements in a time of national military emergency; and providing for an effective date." HB 296 Representative Kerttula added her name as cosponsor to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 296 "An Act making an appropriation to the Alaska Natural Gas Development Authority; and providing for an effective date." 2004-02-12 House Journal Page 2574 HB 304 Representative Kohring removed his name as cosponsor to: HOUSE BILL NO. 304 "An Act naming the Jack Coghill Bridge to the Interior." HB 366 Representative Chenault added his name as cosponsor to: HOUSE BILL NO. 366 "An Act relating to rat racing charitable gaming; and providing for an effective date." ANNOUNCEMENTS House committee schedules are published daily under separate cover. Personal Bill Deadline extended to: 10:00 a.m., 2/16 ADJOURNMENT Representative Foster, Acting Majority Leader, moved and asked unanimous consent that the House adjourn until 10:45 a.m., February 16, 2004. There being no objection, the House adjourned at 10:12 a.m. Suzi Lowell Chief Clerk