Legislature(2003 - 2004)

2004-02-18 House Journal

Full Journal pdf

2004-02-18                     House Journal                      Page 2635
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
               TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                        
                                                                                                    
Juneau, Alaska                 Wednesday             February 18, 2004                            
                                                                                                    
                           Thirty-eighth Day                                                   
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 10:02 a.m.                                                                                  
                                                                                                    
Roll call showed 33 members present.  Representatives Berkowitz,                                    
Gara, Kerttula, Kookesh, Moses, and Rokeberg were absent and their                                  
presence was noted later.                                                                           
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Kohring be excused from a call of the House today.                                   
There being no objection, it was so ordered.                                                        
                                                                                                    
The invocation was offered by the Chaplain, Pastor Patrick Brayton of                               
Valley Chapel.  Representative Coghill moved and asked unanimous                                    
consent that the invocation be spread on the journal.  There being no                               
objection, it was so ordered.                                                                       
                                                                                                    
    Heavenly Father,                                                                                
                                                                                                    
    I come to You in Jesus' name to ask Your blessing over these,                                   
    our Representatives in the State of Alaska.  We commit this                                     
    day's session into Your capable hands and invite Your                                           
    involvement in all our affairs.  Lord, You alone can see                                        
    tomorrow, so please watch over us and be our guide in every                                     
    decision made.  May the daily deliberations of this body                                        
    reflect a great measure of compassion and respect due to the                                    
    presence of Your spirit.  I pray that a supernatural unity born                                 
    of You, Lord, will come to this Legislature to make it the                                      
    most productive and efficient session in the history of our                                     
    state.  May that same spirit of unity be projected into the                                     
    population of Alaska to heal wounds of division and bring                                       

2004-02-18                     House Journal                      Page 2636
       lasting peace and blessing to all Your people.  Thank You,                                  
       Lord, for hearing my prayer.  May You receive the glory as                                  
    You answer it.  In Jesus' name.  Amen.                                                          
                                                                                                    
The Pledge of Allegiance was led by the Assistant Sergeant-at-Arms.                                 
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 36th and 37th legislative days and House Journal                                    
Supplement No. 5, House and Senate Joint Journal Supplement                                         
No. 13, and Senate and House Joint Journal Supplement No. 14 be                                     
approved as certified by the Chief Clerk.  There being no objection, it                             
was so ordered.                                                                                     
                                                                                                    
                               * * * * *                                                         
                                                                                                    
Members and staff from the Yukon Legislative Assembly were guests                                   
in the House Chamber today.                                                                         
                                                                                                    
Representative Heinze introduced the Honorable Ted Staffen, Speaker                                 
for the Yukon Legislative Assembly; the Honorable Elaine Taylor,                                    
Minister of Tourism and Culture and Minister of Justice; Glenn Hart,                                
Minister of Highways and Public Works and Minister of Community                                     
Services; Haakon Arntzen, member of the Legislative Assembly; Brad                                  
Cathers, member of the Legislative Assembly; Todd Hardy, Leader of                                  
the Official Opposition; and Floyd McCormick, Deputy Clerk of the                                   
Legislative Assembly.                                                                               
                                                                                                    
                                                                                                    
                       MESSAGES FROM THE GOVERNOR                                                
                                                                                                    
The following letter dated February 17, 2004, was received:                                         
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Enclosed for your consideration are copies of the four resolutions as                               
presented to me, which were passed by the 55 delegates to the                                       
Conference of Alaskans, held February 10 - 12 in Fairbanks. I am also                               
forwarding a letter adopted by the delegates.                                                       
                                                                                                    

2004-02-18                     House Journal                      Page 2637
In my view, the conference was a success and provided for broad                                     
public involvement. The delegates substantively debated before a                                    
statewide audience the four issues I had presented them. The                                        
conference served to elevate these crucial questions for the public by                              
the tone and content of their debate. The conference should be seen by                              
us all as an indication from the people to get us to resolution of our                              
fiscal situation this year. I truly appreciate the sacrifice of time and                            
effort made by each of the participants in the conference.                                          
                                                                                                    
                                                                                                    
As you know, I asked the conference to provide responses to four                                    
questions related to the percent of market value approach to                                        
management of the Permanent Fund, use of a portion of Permanent                                     
Fund income to pay for essential public services, the dividend, and                                 
maintaining a minimum balance in the Constitutional Budget Reserve                                  
(CBR).                                                                                              
                                                                                                    
                                                                                                    
On the first and fourth questions, the conference was clear that it                                 
prefers the percent of market value approach to current management of                               
the fund, and that a prudent balance should be maintained in the CBR.                               
                                                                                                    
On the second and third questions, the majority of the members of the                               
conference agreed that a portion of the income should be used to                                    
support essential public services, and that the dividend should be                                  
protected in the Constitution. However, the specific details as to how                              
those solutions should be crafted were appropriately left to the                                    
Legislature and the administration to work out.                                                     
                                                                                                    
I look forward to working with you and all members of the Legislature                               
on those details, and crafting legislative approaches acceptable to the                             
people of Alaska. Thank you for your cooperation.                                                   
                                                                                                    
                               Sincerely yours,                                                     
                               /s/                                                                  
                               Frank H. Murkowski                                                   
                               Governor"                                                           
                                                                                                    
The Speaker referred the letter and enclosures to all members.                                      
                                                                                                    

2004-02-18                     House Journal                      Page 2638
SB 173                                                                                            
A message dated February 16, 2004, was read stating the Governor                                    
has signed the following bill and is transmitting the engrossed and                                 
enrolled copies to the Lieutenant Governor's office for permanent                                   
filing:                                                                                             
                                                                                                    
    SENATE BILL NO. 173(efd fld)                                                                    
    "An Act repealing statutes pertaining to the Alaska Science and                                 
    Technology Foundation and transferring money in the                                             
    foundation's endowment; repealing statutes relating to the BIDCO                                
    assistance program; repealing statutes pertaining to the                                        
    international trade and business endowment and transferring                                     
    money in the international trade and business endowment;                                        
    transferring oversight administration of outstanding Alaska                                     
    Science and Technology Foundation loans and grants to the                                       
    Alaska Industrial Development and Export Authority; establishing                                
    an Alaska BIDCO assistance program to be administered by the                                    
    Department of Community and Economic Development; and                                           
    making conforming amendments."                                                                  
                                                                                                    
    Chapter No. 2, SLA 2004                                                                         
    Effective Date:  May 16, 2004                                                                   
                                                                                                    
                                                                                                    
**The presence of Representatives Gara, Berkowitz, and Moses was                                    
noted.                                                                                              
                                                                                                    
                                                                                                    
                             COMMUNICATIONS                                                      
                                                                                                    
The following were received:                                                                        
                                                                                                    
Alaska Mental Health Trust Authority                                                                
Annual Report 2003                                                                                  
                                                                                                    
Dept. of Education & Early Development                                                              
Annual Report 2003                                                                                  
February 15, 2004                                                                                   
(as required by AS 14.03.078)                                                                       
                                                                                                    

2004-02-18                     House Journal                      Page 2639
Alaska Court System                                                                                 
Status of Surcharge Revenue                                                                         
Fiscal Year 2004                                                                                    
(as required by Chapter No. 56, SLA 1998)                                                           
                                                                                                    
                                                                                                    
**The presence of Representative Kerttula was noted.                                                
                                                                                                    
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
HJR 34                                                                                            
The Labor & Commerce Committee 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                                
    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 Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Lynn, Gatto, Guttenberg, Anderson                                                     
                                                                                                    

2004-02-18                     House Journal                      Page 2640
No recommendation (1):  Dahlstrom                                                                   
                                                                                                    
The following fiscal note(s) apply to CSHJR 34(FSH):                                                
                                                                                                    
1.  Zero, Legislative Agency                                                                        
                                                                                                    
HJR 34 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HJR 35                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 35                                                                   
    Relating to mad cow disease and country-of-origin labeling for                                  
    meat products.                                                                                  
                                                                                                    
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE JOINT RESOLUTION NO. 35(L&C)                                                       
    Relating to bovine spongiform encephalopathy, commonly known                                    
    as mad cow disease, and country-of-origin labeling for meat                                     
    products.                                                                                       
                                                                                                    
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Crawford, Lynn, Gatto, Dahlstrom, Guttenberg                                          
                                                                                                    
No recommendation (1):   Anderson                                                                   
                                                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHJR 35(L&C):                                                
                                                                                                    
1.  Zero, House Labor & Commerce Committee                                                          
                                                                                                    
HJR 35 was referred to the Resources Committee.                                                     
                                                                                                    

2004-02-18                     House Journal                      Page 2641
HB 296                                                                                            
The Resources Committee 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 Representatives Masek and Dahlstrom, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (8):  Kerttula, Guttenberg, Gatto, Lynn, Stepovich, Heinze,                                 
Masek, Dahlstrom                                                                                    
                                                                                                    
No recommendation (1):  Wolf                                                                        
                                                                                                    
SSHB 296 was referred to the Finance Committee.                                                     
                                                                                                    
HB 349                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 349                                                                              
    "An Act amending Rule 412, Alaska Rules of Evidence."                                           
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 349(JUD)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Samuels, Holm, McGuire                                                                
                                                                                                    
No recommendation (1):  Gara                                                                        
                                                                                                    
The following fiscal note(s) apply to CSHB 349(JUD):                                                
                                                                                                    
1.  Zero, Dept. of Law                                                                              
Fiscal note(s) forthcoming.                                                                         
                                                                                                    

2004-02-18                     House Journal                      Page 2642
HB 349 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 394                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
    HOUSE BILL NO. 394                                                                              
    "An Act extending the Alaska Commission on Aging."                                              
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Gruenberg, Seaton, Holm, Lynn, Berkowitz, Weyhrauch                                   
                                                                                                    
No recommendation (1):  Coghill                                                                     
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Health & Social Services                                                       
                                                                                                    
HB 394 was referred to the Health, Education & Social Services                                      
Committee.                                                                                          
                                                                                                    
HB 403                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    HOUSE BILL NO. 403                                                                              
    "An Act relating to the Alaska Insurance Guaranty Association;                                  
    relating to joint insurance arrangements and assessments to the                                 
    association; relating to the powers of the Alaska Industrial                                    
    Development and Export Authority concerning the association;                                    
    and providing for an effective date."                                                           
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 403(L&C)                                                                  
    "An Act relating to the Alaska Insurance Guaranty Association;                                  
    relating to the powers of the Alaska Industrial Development and                                 
    Export Authority concerning the association; and providing for an                               
    effective date."                                                                                
                                                                                                    

2004-02-18                     House Journal                      Page 2643
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
No recommendation (5):  Lynn, Gatto, Dahlstrom, Guttenberg,                                         
Anderson                                                                                            
                                                                                                    
The following fiscal note(s) apply to CSHB 403(L&C):                                                
                                                                                                    
1.  Zero, Dept. of Labor & Workforce Development                                                    
2.  Zero, Dept. of Community & Economic Development                                                 
3.  Zero, Dept. of Community & Economic Development                                                 
4.  Zero, Dept. of Community & Economic Development                                                 
5.  Fiscal, Dept. of Administration                                                                 
                                                                                                    
HB 403 was referred to the Judiciary Committee                                                      
                                                                                                    
**The presence of Representative Kookesh was noted.                                                 
                                                                                                    
HB 414                                                                                            
The Judiciary 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(JUD)                                                                  
    "An Act relating to filling a vacancy in the office of United States                            
    senator, and to the definition of 'political party.'"                                           
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Samuels, Anderson, Ogg, Holm, McGuire                                                 
                                                                                                    
No recommendation (2):  Gruenberg, Gara                                                             
                                                                                                    
The following fiscal note(s) apply to CSHB 414 (JUD):                                               
                                                                                                    
1.  Zero, Office of the Governor                                                                    

2004-02-18                     House Journal                      Page 2644
HB 414 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
HB 338                                                                                            
The House Special Committee on Education has considered:                                            
                                                                                                    
    HOUSE BILL NO. 338                                                                              
    "An Act relating to attendance at public school; and providing for                              
    an effective date."                                                                             
                                                                                                    
The report was signed by Representative Gatto, Chair, with the                                      
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Wilson, Ogg, Seaton, Gara, Kapsner, Gatto                                             
                                                                                                    
No recommendation (1):  Wolf                                                                        
                                                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Indeterminate, Dept. of Education & Early Development                                           
                                                                                                    
HB 338 was referred to the Health, Education & Social Services                                      
Committee.                                                                                          
                                                                                                    
HB 353                                                                                            
The House Special Committee on Education has considered:                                            
                                                                                                    
    HOUSE BILL NO. 353                                                                              
    "An Act relating to jury duty; and amending Rule 15(k), Alaska                                  
    Rules of Administration."                                                                       
                                                                                                    
The report was signed by Representative Gatto, Chair, with the                                      
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Gara, Kapsner, Gatto,                                                                 
                                                                                                    

2004-02-18                     House Journal                      Page 2645
No recommendation (2):  Ogg, Wolf                                                                   
                                                                                                    
Amend (2):  Seaton, Wilson                                                                          
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Alaska Court System                                                                       
2.  Zero, Dept. of Education & Early Development                                                    
                                                                                                    
HB 353 was referred to the Health, Education & Social Services                                      
Committee.                                                                                          
                                                                                                    
HB 390                                                                                            
The House Special Committee on Education has considered:                                            
                                                                                                    
    HOUSE BILL NO. 390                                                                              
    "An Act relating to the required number of days in a school year."                              
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 390(EDU)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Gatto, Chair, with the                                      
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Wilson, Ogg, Seaton, Gara, Kapsner, Gatto                                             
                                                                                                    
No recommendation (1):  Wolf                                                                        
                                                                                                    
The following fiscal note(s) apply to CSHB 390(EDU):                                                
                                                                                                    
1.  Zero, Dept. of Education & Early Development                                                    
                                                                                                    
HB 390 was referred to the Health, Education & Social Services                                      
Committee.                                                                                          
                                                                                                    
HB 409                                                                                            
The House Special Committee on Fisheries has considered:                                            
                                                                                                    

2004-02-18                     House Journal                      Page 2646
    HOUSE BILL NO. 409                                                                              
    "An Act relating to the maximum length of salmon seine vessels;                                 
    and providing for an effective date."                                                           
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 409(FSH)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Seaton, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Wilson, Heinze, Guttenberg                                                            
                                                                                                    
No recommendation (4):  Gara, Ogg, Samuels, Seaton                                                  
                                                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 409(FSH):                                                
                                                                                                    
1.  Zero, Dept. of Fish & Game                                                                      
                                                                                                    
HB 409 was referred to the Resources Committee.                                                     
                                                                                                    
**The presence of Representative Rokeberg was noted.                                                
                                                                                                    
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Rempel Family, 2003 Farm Family of the Year                                              
By Representative Stoltze                                                                           
                                                                                                    
In Memoriam - Mary Nicoli                                                                           
By Representative Morgan                                                                            
                                                                                                    
In Memoriam - Peter Bryan McDowell                                                                  
By Senator Elton; Representatives Weyhrauch, Kerttula                                               
                                                                                                    

2004-02-18                     House Journal                      Page 2647
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                             OF HOUSE BILLS                                                      
                                                                                                    
HB 515                                                                                            
HOUSE BILL NO. 515 by the House Labor & Commerce Committee,                                         
entitled:                                                                                           
                                                                                                    
    "An Act relating to the regulation of municipal water and sewer                                 
  utilities not in competition with other water and sewer utilities."                              
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs and Labor & Commerce Committees.                                                            
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 282                                                                                            
The following was read the second time:                                                             
                                                                                                    
    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."                                                          
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 HES RPT 3DP 1NR                                                   2373                             
 FN1: ZERO(ADM)                                                    2373                             
 FN2: ZERO(UA)                                                     2436                             
 L&C RPT 4DP 3NR                                                   2479                             
 FN1: ZERO(ADM)                                                    2480                             
 FN2: ZERO(UA)                                                     2480                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
HB 282 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    

2004-02-18                     House Journal                      Page 2648
HB 282 was read the third time.                                                                     
                                                                                                    
The question being:  "Shall HB 282 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HB 282                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kookesh,                                    
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                    
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Excused:  Kohring                                                                                   
                                                                                                    
And so, HB 282 passed the House.                                                                    
                                                                                                    
Representative Berkowitz gave notice of reconsideration of the vote                                 
on HB 282.                                                                                          
                                                                                                    
HB 340                                                                                            
The following was read the second time:                                                             
                                                                                                    
    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."                                                                         
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 L&C RPT CS(L&C) 1DP 4NR                                           2390                             
 FN1: ZERO(CED)                                                    2390                             
 JUD RPT CS(JUD) 5DP 1NR                                           2563                             
 FN1: ZERO(CED)                                                    2564                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    

2004-02-18                     House Journal                      Page 2649
    CS FOR HOUSE BILL NO. 340(JUD)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representatives Gruenberg and                                        
Meyer:                                                                                              
                                                                                                    
Page 3, line 2:                                                                                     
 Delete "or"                                                                                        
 Insert ","                                                                                         
                                                                                                    
Page 3, line 3, following "claim":                                                                  
    Insert ", or any amount the claimant is required to repay under the                             
    terms of the homeowner's warranty contract or homeowner's                                       
    insurance policy"                                                                               
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
Amendment No. 1 was adopted.                                                                        
                                                                                                    
                                                                                                    
Amendment No. 2 was offered  by Representatives Weyhrauch and                                        
Meyer:                                                                                              
                                                                                                    
Page 2, line 27, following "fees":                                                                  
 Insert "and costs"                                                                                 
                                                                                                    
Representative Weyhrauch moved and asked unanimous consent that                                     
Amendment No. 2 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 340(JUD) am be considered engrossed, advanced to third                                         
reading, and placed on final passage.                                                               
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    

2004-02-18                     House Journal                      Page 2650
CSHB 340(JUD) am will advance to third reading on tomorrow's                                        
calendar.                                                                                           
                                                                                                    
                                                                                                    
                  SECOND READING OF SENATE RESOLUTIONS                                           
                                                                                                    
SCR 21                                                                                            
The following was read the second time:                                                             
                                                                                                    
    SENATE CONCURRENT RESOLUTION NO. 21                                                             
    Relating to declaring March 2004 as Sobriety Awareness Month.                                   
                                                                                                    
The question being:  "Shall SCR 21 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
SCR 21                                                                                              
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kookesh,                                    
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                           
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Excused:  Kohring                                                                                   
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, SCR 21 passed the House, was signed by the Speaker and                                      
Chief Clerk and returned to the Senate.                                                             
                                                                                                    
                                                                                                    
                         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:                             
                                                                                                    

2004-02-18                     House Journal                      Page 2651
Honoring - Aware Women of Distinction 2004, Beth Belflower,                                         
Mildred Boesser, Laury Roberts Scandling, and Vicki Soboleff                                        
By Representatives Weyhrauch, Kerttula, Kott, Anderson, Berkowitz,                                  
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto,                                 
Gruenberg, Guttenberg, Harris, Hawker, Holm, Kapsner, Kohring,                                      
Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels,                                     
Seaton, Stepovich, Williams, Wilson, Wolf; Senator Elton                                            
                                                                                                    
                                                                                                    
Honoring - Edward Lee Gorsuch                                                                       
By Senator Davis; Representatives Kott, Anderson, Berkowitz,                                        
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto,                                 
Gruenberg, Guttenberg, Harris, Hawker, Holm, Kapsner, Kerttula,                                     
Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                     
Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson, Wolf                                       
                                                                                                    
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following members be excused from a call of the House.  There being                                 
no objection, the members were excused as noted:                                                    
                                                                                                    
Representative Crawford - from 7:30 p.m., February 20 to 7:00 p.m.,                                 
February 22, 2004                                                                                   
                                                                                                    
Representative Samuels - from evening plane time, February 20 to                                    
morning plane time, February 23, 2004                                                               
                                                                                                    
Representative Seaton - from noon, February 20 to 11:30 p.m.,                                       
February 24, 2004                                                                                   
                                                                                                    
Representative Chenault - from 6:00 p.m., February 19 to 9:30 p.m.,                                 
plane time, February 22, 2004; and from evening plane time,                                         
February 24 to evening plane time, March 2, 2004                                                    
                                                                                                    
Representative Kookesh - from 8:00 a.m., February 25 to 5:00 p.m.,                                  
February 26, 2004; and from 8:00 a.m., March 9 to 5:00 p.m.,                                        
March 11, 2004                                                                                      
                                                                                                    

2004-02-18                     House Journal                      Page 2652
HB 338                                                                                            
The Speaker added a Finance Committee referral to follow the Health,                                
Education & Social Services Committee referral for the following:                                   
                                                                                                    
    HOUSE BILL NO. 338                                                                              
    "An Act relating to attendance at public school; and providing for                              
    an effective date."                                                                             
                                                                                                    
HB 338 is in the Health, Education & Social Services Committee.                                     
                                                                                                    
HB 394                                                                                            
The Speaker added a Finance Committee referral to follow the Health,                                
Education & Social Services Committee referral for the following:                                   
                                                                                                    
    HOUSE BILL NO. 394                                                                              
    "An Act extending the Alaska Commission on Aging."                                              
                                                                                                    
HB 394 is in the Health, Education & Social Services Committee.                                     
                                                                                                    
HCR 32                                                                                            
Representative Crawford added his name as cosponsor to:                                             
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 32                                                              
    Relating to information infrastructure and establishing the Alaska                              
    Information Infrastructure Policy Task Force.                                                   
                                                                                                    
HJR 35                                                                                            
Representative Guttenberg added his name as cosponsor to:                                           
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 35                                                                   
    Relating to mad cow disease and country-of-origin labeling for                                  
    meat products.                                                                                  
                                                                                                    
HJR 40                                                                                            
Representative Crawford added his name as cosponsor to:                                             
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 40                                                                   
    Relating to a commitment that any bill replacing an initiative that                             
    was certified to be placed on the ballot not be amended for at least                            
    two years after enactment; and to a commitment to refrain from                                  

2004-02-18                     House Journal                      Page 2653
    passing a bill that would void an initiative to allow direct elections                          
    to fill vacancies in the office of United States Senator.                                       
                                                                                                    
HJR 41                                                                                            
Representative Crawford added his name as cosponsor to:                                             
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 41                                                                   
    Relating to support for the Federal Land Recreational Visitor                                   
    Protection Act.                                                                                 
                                                                                                    
                                                                                                    
HJR 42                                                                                            
Representatives Croft, Wolf, and Harris added their names as                                        
cosponsors to:                                                                                      
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 42                                                                   
    Requesting Exxon Mobil Corporation to pay claimants for court-                                  
    ordered damages resulting from the Exxon Valdez oil spill.                                      
                                                                                                    
HB 91                                                                                             
Representatives Meyer and Stepovich added their names as cosponsors                                 
to:                                                                                                 
                                                                                                    
    HOUSE BILL NO. 91                                                                               
    "An Act relating to a cost-of-living allowance and medical                                      
    benefits for retired peace officers after 20 years of credited                                  
    service."                                                                                       
                                                                                                    
                                                                                                    
HB 213                                                                                            
Representative Crawford added his name as cosponsor to:                                             
                                                                                                    
    HOUSE BILL NO. 213                                                                              
    "An Act relating to a provisional driver's license and to issuance                              
    of a driver's license; and providing for an effective date."                                    
                                                                                                    
HB 282                                                                                            
Representatives Stepovich, Harris, Heinze, Lynn, and Cissna added                                   
their names as cosponsors to:                                                                       
                                                                                                    

2004-02-18                     House Journal                      Page 2654
    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 294                                                                                            
Representative Meyer added his name as cosponsor to:                                                
                                                                                                    
    HOUSE BILL NO. 294                                                                              
    "An Act relating to murder and assault of unborn children."                                     
                                                                                                    
HB 337                                                                                            
Representatives Foster and Hawker added their names as cosponsors                                   
to:                                                                                                 
                                                                                                    
    HOUSE BILL NO. 337                                                                              
    "An Act relating to anatomical donor registries, to an anatomical                               
    gift awareness fund, to an anatomical gift awareness program, and                               
    to motor vehicle licenses and registrations."                                                   
                                                                                                    
HB 340                                                                                            
Representative Lynn added his name as cosponsor to:                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 340(JUD) am                                                               
    "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."                                                                         
                                                                                                    
HB 493                                                                                            
Representatives Gatto and Wilson added their names as cosponsors to:                                
                                                                                                    
    HOUSE BILL NO. 493                                                                              
    "An Act relating to adoption and revision of a long-term fiscal                                 
    plan for the State of Alaska."                                                                  
                                                                                                    
SCR 21                                                                                            
Representatives Dahlstrom, Lynn, and Guttenberg added their names                                   
as cross sponsors to:                                                                               
                                                                                                    

2004-02-18                     House Journal                      Page 2655
    SENATE CONCURRENT RESOLUTION NO. 21                                                             
    Relating to declaring March 2004 as Sobriety Awareness Month.                                   
                                                                                                    
                       ENGROSSMENT AND ENROLLMENT                                                
                                                                                                    
HR 8                                                                                              
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 10:55 a.m., February 17, 2004:                                        
                                                                                                    
    HOUSE RESOLUTION NO. 8                                                                          
    Recognizing February 6, 2004, as Ronald Reagan Day in Alaska.                                   
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
Majority Caucus          Speaker's Chamber              11:00 a.m., 2/17                            
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 11:00 a.m., February 19, 2004.  There being no                                  
objection, the House adjourned at 10:46 a.m.                                                        
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk