Legislature(2003 - 2004)

2004-03-03 House Journal

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2004-03-03                     House Journal                      Page 2801
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
              TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                         
                                                                                                    
Juneau, Alaska                 Wednesday                March 3, 2004                             
                                                                                                    
                           Fifty-second Day                                                    
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 10:18 a.m.                                                                                  
                                                                                                    
Roll call showed 37 members present.  Representative Kapsner had                                    
been previously excused from a call of the House today.                                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Heinze be excused from a call of the House today                                     
because of illness.  There being no objection, it was so ordered.  The                              
presence of Representative Heinze was noted later.                                                  
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Kookesh 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 Gary Waterhouse                                  
of Juneau and Sitka Seventh-day Adventist Churches.  Representative                                 
Fate moved and asked unanimous consent that the invocation be                                       
spread on the journal.  There being no objection, it was so ordered.                                
                                                                                                    
    Almighty God,                                                                                   
                                                                                                    
    Amid all the pressures of life which we face every day, we                                      
    pray for peace in the midst of the storms.  And we claim Your                                   
    promise that says "I will not forget you, I have inscribed you                                  
    on the palms of My hands."  And as we pray that prayer,                                         
    Lord, we ask that You help us get off our own hands and into                                    
    Your strong, competent hands.  Remind us, Lord, when we                                         
    get so busy, that it is You who is in control and we who are                                    
    here to serve You.                                                                              

2004-03-03                     House Journal                      Page 2802
    Fill this Chamber with Your presence, and each                                                  
    Representative with a keen sense of accountability to You and                                   
    the great citizens of this state.  In Your all-powerful Name, we                                
    pray.  Amen.                                                                                    
                                                                                                    
The Pledge of Allegiance was led by Representative Chenault.                                        
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 50th and 51st legislative days be approved as certified                             
by the Chief Clerk.  There being no objection, it was so ordered.                                   
                                                                                                    
                       MESSAGES FROM THE SENATE                                                  
                                                                                                    
A message dated March 2, 2004, was read stating the Senate has                                      
passed the following and it is transmitted for consideration:                                       
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                            OF SENATE BILLS                                                      
                                                                                                    
SB 201                                                                                            
CS FOR SENATE BILL NO. 201(HES) by the Senate Health,                                               
Education & Social Services Committee, entitled:                                                    
                                                                                                    
    "An Act relating to home care and respite care; and providing for                               
    an effective date."                                                                             
                                                                                                    
was read the first time and referred to the State Affairs and Health,                               
Education & Social Services Committees.                                                             
                                                                                                    
SB 285                                                                                            
SENATE BILL NO. 285 by Senators Green and Dyson, entitled:                                          
                                                                                                    
    "An Act relating to medical assistance coverage for targeted case                               
    management services and for rehabilitative services furnished or                                
    paid for by a school district on behalf of certain children; and                                
    providing for an effective date."                                                               
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Finance Committees.                                                                    

2004-03-03                     House Journal                      Page 2803
SB 289                                                                                            
SENATE BILL NO. 289 by Senators Green, Dyson, Bunde, Cowdery,                                       
Ogan, and Seekins, entitled:                                                                        
                                                                                                    
    "An Act extending the termination date of the special education                                 
    service agency; and providing for an effective date."                                           
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Education and the Finance Committee.                                                                
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
HCR 29                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 29                                                              
    Relating to support for therapeutic courts for repeat driving while                             
    under the influence offenders.                                                                  
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Gara, Holm, Gruenberg, Ogg, Anderson, McGuire                                         
                                                                                                    
No recommendation (1):  Samuels                                                                     
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Alaska Court System                                                                       
                                                                                                    
HCR 29 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 344                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 344                                                                              
    "An Act relating to annual rental fees for mining claims, and                                   
    providing for reduced royalties during the first three years of                                 
    production."                                                                                    
                                                                                                    

2004-03-03                     House Journal                      Page 2804
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 344(RES)                                                                  
    "An Act relating to annual rental fees, statements of annual labor,                             
    and production royalty for mining claims; and providing a cure for                              
    abandonment."                                                                                   
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (7):  Meyer, Croft, Moses, Fate, Foster, Harris, Williams                                   
                                                                                                    
No recommendation (3):  Hawker, Stoltze, Joule                                                      
                                                                                                    
The following fiscal note(s) apply to CSHB 344(RES):                                                
                                                                                                    
2.  Fiscal, Dept. of Natural Resources                                                              
                                                                                                    
HB 344 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 367                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 367                                                                              
    "An Act relating to the licensing and regulation of sex-oriented                                
    businesses and sex-oriented business entertainers; relating to                                  
    protection of the safety and health of and to education of young                                
    persons who perform in adult entertainment establishments; and                                  
    providing for an effective date."                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 367(JUD)                                                                  
    "An Act relating to the licensing and regulation of adult-oriented                              
    businesses; and providing for an effective date."                                               
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    

2004-03-03                     House Journal                      Page 2805
Do pass (3):  Anderson, Gara, McGuire                                                               
                                                                                                    
No recommendation (3):  Samuels, Gruenberg, Ogg                                                     
                                                                                                    
The following fiscal note(s) apply to CSHB 367(JUD):                                                
                                                                                                    
1.  Fiscal, Dept. of Community & Economic Development                                               
2.  Zero, Dept. of Labor & Workforce Development                                                    
                                                                                                    
HB 367 was referred to the Finance Committee.                                                       
                                                                                                    
HB 378                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 378                                                                              
    "An Act relating to the Alaska Food, Drug, and Cosmetic Act,                                    
    including sales, advertising, certain devices, food donors, and food                            
    banks; making certain violations of organic food provisions and of                              
    the Alaska Food, Drug, and Cosmetic Act unfair methods of                                       
    competition and unfair or deceptive acts or practices under certain                             
    of the state's unfair trade practices and consumer protection laws;                             
    and providing for an effective date."                                                           
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (4):  Meyer, Fate, Foster, Williams                                                         
                                                                                                    
No recommendation (6):  Hawker, Stoltze, Joule, Croft, Moses, Harris                                
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Law                                                                              
2.  Fiscal, Dept. of Environmental Conservation                                                     
                                                                                                    
HB 378 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 385                                                                                            
The Judiciary Committee has considered:                                                             

2004-03-03                     House Journal                      Page 2806
    HOUSE BILL NO. 385                                                                              
    "An Act relating to awarding child custody; and providing for an                                
    effective date."                                                                                
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 385(JUD)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Ogg, Gruenberg, Samuels, Holm, Gara, McGuire                                          
                                                                                                    
The following fiscal note(s) apply to CSHB 385(JUD):                                                
                                                                                                    
1.  Zero, Alaska Court System                                                                       
                                                                                                    
HB 385 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 389                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    HOUSE BILL NO. 389                                                                              
    "An Act relating to certain monetary advances in which the                                      
    deposit or other negotiation of certain instruments to pay the                                  
    advances is delayed until a later date; and providing for an                                    
    effective date."                                                                                
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 389(L&C)                                                                  
    "An Act relating to certain monetary advances in which the                                      
    deposit or other negotiation of checks to pay the advances is                                   
   delayed until a later date; and providing for an effective date."                               
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    

2004-03-03                     House Journal                      Page 2807
Do pass (2):  Rokeberg, Anderson                                                                    
                                                                                                    
Do not pass (1):  Guttenberg                                                                        
                                                                                                    
No recommendation (3):  Lynn, Gatto, Dahlstrom                                                      
                                                                                                    
The following fiscal note(s) apply to CSHB 389(L&C):                                                
                                                                                                    
1.  Zero, House Labor & Commerce Committee/Dept. of Community                                       
& Economic Development                                                                              
                                                                                                    
HB 389 was referred to the Finance Committee.                                                       
                                                                                                    
                                                                                                    
HB 404                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    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."                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 404(HES)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (5):  Meyer, Hawker, Foster, Harris, Williams                                               
                                                                                                    
No recommendation (5):  Stoltze, Joule, Croft, Moses, Fate                                          
                                                                                                    
The following fiscal note(s) apply to CSHB 404(HES):                                                
                                                                                                    

2004-03-03                     House Journal                      Page 2808
1.  Zero, Dept. of Administration                                                                   
2.  Zero, Dept. of Community & Economic Development                                                 
4.  Zero, Dept. of Labor & Workforce Development                                                    
5.  Fiscal, Dept. of Education & Early Development                                                  
                                                                                                    
HB 404 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 451                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 451                                                                              
    "An Act relating to therapeutic courts; and providing for an                                    
    effective date."                                                                                
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (7):  Gara, Holm, Samuels, Anderson, Gruenberg, Ogg,                                        
McGuire                                                                                             
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Administration                                                                   
2.  Zero, Dept. of Corrections                                                                      
3.  Zero, Dept. of Health & Social Services                                                         
4.  Zero, Dept. of Law                                                                              
5.  Fiscal, Alaska Court System                                                                     
                                                                                                    
HB 451 was referred to the Finance Committee.                                                       
                                                                                                    
HB 486                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 486                                                                              
    "An Act relating to reclamation bonding and financial assurance                                 
    for certain mines; relating to financial assurance limits for lode                              
    mines; establishing the mine reclamation trust fund; and providing                              
    for an effective date."                                                                         
                                                                                                    

2004-03-03                     House Journal                      Page 2809
The report was signed by Representatives Masek and Dahlstrom, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (7):  Stepovich, Gatto, Lynn, Guttenberg, Heinze, Masek,                                    
Dahlstrom                                                                                           
                                                                                                    
No recommendation (1):  Kerttula                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Natural Resources                                                                
2.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
HB 486 was referred to the Finance Committee.                                                       
                                                                                                    
HB 495                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 495                                                                              
    "An Act relating to the four dam pool joint action agency; and                                  
    providing for an effective date."                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 495(FIN)                                                                  
    "An Act allowing a joint action agency to encumber property                                     
    interests for security purposes; declaring certain joint action                                 
    agencies to be political subdivisions for certain purposes;                                     
    restricting the sale of property of the joint action agency; allowing                           
    the joint action agency to transfer property to security interest                               
    holders under a security interest or to other parties without                                   
    legislative approval; and providing for an effective date."                                     
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (7):  Hawker, Joule, Croft, Meyer, Foster, Harris, Williams                                 
                                                                                                    
No recommendation (3):  Stoltze, Moses, Fate                                                        
                                                                                                    

2004-03-03                     House Journal                      Page 2810
The following fiscal note(s) apply to CSHB 495(FIN):                                                
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
HB 495 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 514                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 514                                                                              
    "An Act relating to child support modification and enforcement, to                              
    the establishment of paternity by the child support enforcement                                 
    agency, and to the crimes of criminal nonsupport and aiding the                                 
    nonpayment of child support; amending Rule 90.3, Alaska Rules                                   
    of Civil Procedure; and providing for an effective date."                                       
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 514(JUD)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Gara, Samuels, Gruenberg, Ogg, McGuire                                                
                                                                                                    
The following fiscal note(s) apply to CSHB 514(JUD):                                                
                                                                                                    
1.  Indeterminate, Dept. of Administration                                                          
2.  Indeterminate, Alaska Court System                                                              
3.  Indeterminate, Dept. of Law                                                                     
                                                                                                    
HB 514 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 517                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    

2004-03-03                     House Journal                      Page 2811
    HOUSE BILL NO. 517                                                                              
    "An Act relating to registration in beneficiary form of certain                                 
    security accounts, including certain reinvestment, investment                                   
    management, and custody accounts."                                                              
                                                                                                    
The report was signed by Representative Gatto, Vice Chair, with the                                 
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Lynn, Rokeberg, Dahlstrom, Gatto                                                      
                                                                                                    
No recommendation (1):  Crawford                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
HB 517 was referred to the Judiciary Committee.                                                     
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
HCR 32                                                                                            
The House Special Committee on Economic Development,                                                
International Trade, & Tourism has considered:                                                      
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 32                                                              
    Relating to information infrastructure and establishing the Alaska                              
    Information Infrastructure Policy Task Force.                                                   
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE CONCURRENT RESOLUTION NO. 32(EDT)                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Heinze, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Kott, Kohring, Crawford, Cissna, Heinze                                               
                                                                                                    
The following fiscal note(s) apply to CSHCR 32(EDT):                                                
                                                                                                    

2004-03-03                     House Journal                      Page 2812
1.  Zero, University of Alaska                                                                      
2.  Fiscal, Legislative Agency                                                                      
                                                                                                    
HCR 32 was referred to the Finance Committee.                                                       
                                                                                                    
                                                                                                    
HB 478                                                                                            
The House Special Committee on Fisheries has considered:                                            
                                                                                                    
    HOUSE BILL NO. 478                                                                              
    "An Act relating to the issuance of commercial fishing interim-use                              
    permits; and providing for an effective date."                                                  
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 478(FSH)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Seaton, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Ogg, Heinze, Wilson, Samuels, Seaton                                                  
                                                                                                    
No recommendation (2):  Gara, Guttenberg                                                            
                                                                                                    
The following fiscal note(s) apply to CSHB 478(FSH):                                                
                                                                                                    
1.  Zero, Dept. of Fish & Game                                                                      
                                                                                                    
HB 478 was referred to the Resources Committee.                                                     
                                                                                                    
                                                                                                    
HB 512                                                                                            
The House Special Committee on Economic Development,                                                
International Trade, & Tourism has considered:                                                      
                                                                                                    
    HOUSE BILL NO. 512                                                                              
    "An Act establishing the Hydrogen Energy Partnership in the                                     
    Department of Community and Economic Development; requiring                                     
    the commissioner of community and economic development to                                       

2004-03-03                     House Journal                      Page 2813
    seek public and private funding for the partnership; providing for                              
    the contingent repeal of an effective date; and providing for an                                
    effective date."                                                                                
                                                                                                    
The report was signed by Representative Heinze, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Crawford, Cissna, Kott, Heinze                                                        
                                                                                                    
Amend (1):  Kohring                                                                                 
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, University of Alaska                                                                      
2.  Fiscal, Dept. of Community & Economic Development                                               
                                                                                                    
HB 512 was referred to the Finance Committee.                                                       
                                                                                                    
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - The 2004 Wasilla High School Wrestling Team                                              
By Representatives Stoltze, Kohring, Masek, Gatto; Senators Green,                                  
Ogan                                                                                                
                                                                                                    
Honoring - 4-H Western Regional Leadership Forum                                                    
By Senator Green; Representative Stoltze                                                            
                                                                                                    
In Memoriam - Joan M. Hurst                                                                         
By Representative Crawford                                                                          
                                                                                                    
In Memoriam - Denise Selma Asicksik                                                                 
By Senator Hoffman                                                                                  
                                                                                                    
In Memoriam - Elena Crisco                                                                          
By Senator Hoffman                                                                                  
                                                                                                    

2004-03-03                     House Journal                      Page 2814
In Memoriam - Nona Nuyalan Amos                                                                     
By Senator Hoffman; Representative Kapsner                                                          
                                                                                                    
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                            OF HOUSE BILLS                                                       
                                                                                                    
HB 528                                                                                            
HOUSE BILL NO. 528 by the House Rules Committee, entitled:                                          
                                                                                                    
    "An Act approving and ratifying the sale of royalty oil by the State                            
    of Alaska to Flint Hills Resources Alaska, LLC, and Flint Hills                                 
    Resources, LLC; and providing for an effective date."                                           
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
HB 529                                                                                            
HOUSE BILL NO. 529 by the House Labor & Commerce Committee,                                         
entitled:                                                                                           
                                                                                                    
    "An Act relating to the performance of railroad track construction                              
    work for the Department of Transportation and Public Facilities                                 
    by the Alaska Railroad Corporation."                                                            
                                                                                                    
was read the first time and referred to the Labor & Commerce                                        
Committee.                                                                                          
                                                                                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
                                                                                                    
HB 29                                                                                             
The following was read the second time:                                                             
                                                                                                    
    SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 29                                                        
    "An Act relating to real estate licensees and real estate                                       
    transactions; and providing for an effective date."                                             
                                                                                                    

2004-03-03                     House Journal                      Page 2815
with the:                                                  Journal Page                             
                                                                                                    
 L&C RPT CS(L&C) 6DP 1NR                                          2504                              
 FN1: ZERO(CED)                                                   2504                              
 JUD RPT CS(JUD) 4DP 2NR                                          2736                              
 FN1: ZERO(CED)                                                   2737                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                    
    29(JUD)                                                                                         
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered by Representative Gara:                                                 
                                                                                                    
Page 6, line 2:                                                                                     
    Delete "and"                                                                                    
                                                                                                    
Page 6, line 10:                                                                                    
    Delete "."                                                                                      
    Insert "; and"                                                                                  
                                                                                                    
Page 6, following line 10:                                                                          
    Insert a new paragraph to read:                                                                 
             "(7) the licensee must act to pursue the represented party's                           
    best interests in the matters for which the licensee is employed by                             
    the represented party."                                                                         
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
Representatives Lynn and Rokeberg moved and asked unanimous                                         
consent that they be allowed to abstain from voting because of a                                    
conflict of interest.  Objection was heard, and the members were                                    
required to vote.                                                                                   
                                                                                                    

2004-03-03                     House Journal                      Page 2816
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSSSHB 29(JUD)                                                                                      
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  16   NAYS:  21   EXCUSED:  3   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gatto, Gruenberg,                                  
Guttenberg, Joule, Kerttula, Kott, Lynn, Morgan, Moses, Seaton,                                     
Wilson                                                                                              
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Harris,                                
Hawker, Holm, Kohring, Masek, McGuire, Meyer, Ogg, Rokeberg,                                        
Samuels, Stepovich, Stoltze, Weyhrauch, Williams, Wolf                                              
                                                                                                    
Excused:  Heinze, Kapsner, Kookesh                                                                  
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
Amendment No. 2 was offered by Representative Gara:                                                 
                                                                                                    
Page 2, line 17, following "CONTACT].":                                                             
 Insert "The conflict of interest statement must be contained in                                
a separate writing titled "Disclosure of Conflict of Interest.""                                
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSSSHB 29(JUD)                                                                                      
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  17   NAYS:  20   EXCUSED:  3   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gatto, Gruenberg,                                  
Guttenberg, Hawker, Joule, Kerttula, Meyer, Moses, Samuels, Seaton,                                 
Weyhrauch, Wilson                                                                                   
                                                                                                    

2004-03-03                     House Journal                      Page 2817
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Harris,                                
Holm, Kohring, Kott, Lynn, Masek, McGuire, Morgan, Ogg,                                             
Rokeberg, Stepovich, Stoltze, Williams, Wolf                                                        
                                                                                                    
Excused:  Heinze, Kapsner, Kookesh                                                                  
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
                                                                                                    
Amendment No. 3 was offered by Representative Croft:                                                
                                                                                                    
Page 5, line 13, following "physical condition of":                                                 
    Insert ", value of,"                                                                            
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
                                                                                                    
Amendment to Amendment No. 3 was offered by Representative                                          
Samuels:                                                                                            
                                                                                                    
Add to the amendment:                                                                               
    Page 5, line 8, following "fact":                                                               
  Delete "or suspicion"                                                                             
                                                                                                    
Representative Samuels moved and asked unanimous consent that                                       
Amendment to Amendment No. 3 be adopted.                                                            
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment to Amendment No. 3 be                                         
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
CSSSHB 29(JUD)                                                                                      
Second Reading                                                                                      
Amendment to Amendment No. 3                                                                        
                                                                                                    
YEAS:  27   NAYS:  8   EXCUSED:  3   ABSENT:  2                                                   
                                                                                                    

2004-03-03                     House Journal                      Page 2818
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker,                                
Holm, Joule, Kerttula, Kott, Masek, Meyer, Morgan, Samuels, Seaton,                                 
Stoltze, Weyhrauch, Williams, Wolf                                                                  
                                                                                                    
Nays:  Chenault, Foster, Kohring, Lynn, McGuire, Ogg, Rokeberg,                                     
Stepovich                                                                                           
                                                                                                    
Excused:  Heinze, Kapsner, Kookesh                                                                  
                                                                                                    
Absent:  Moses, Wilson                                                                              
                                                                                                    
And so, Amendment to Amendment No. 3 was adopted.                                                   
                                                                                                    
Representative Croft moved and asked unanimous consent to                                           
withdraw Amendment No. 3 as amended.  There being no objection, it                                  
was so ordered.                                                                                     
                                                                                                    
Amendment No. 4 was offered by Representative Berkowitz:                                            
                                                                                                    
Page 4, line 15, following "licensee":                                                              
 Delete "and not apparent or readily ascertainable to the person"                                   
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 4 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSSSHB 29(JUD)                                                                                      
Second Reading                                                                                      
Amendment No. 4                                                                                     
                                                                                                    
YEAS:  23   NAYS:  12   EXCUSED:  3   ABSENT:  2                                                  
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Crawford, Dahlstrom, Gara,                                      
Gatto, Gruenberg, Guttenberg, Joule, Kerttula, Kott, Masek, McGuire,                                
Meyer, Morgan, Moses, Seaton, Stepovich, Stoltze, Weyhrauch,                                        
Williams, Wilson                                                                                    
                                                                                                    
Nays:  Chenault, Coghill, Fate, Foster, Harris, Hawker, Holm,                                       
Kohring, Lynn, Ogg, Rokeberg, Samuels                                                               
                                                                                                    

2004-03-03                     House Journal                      Page 2819
Excused:  Heinze, Kapsner, Kookesh                                                                  
                                                                                                    
Absent:  Croft, Wolf                                                                                
                                                                                                    
And so, Amendment No. 4 was adopted.                                                                
                                                                                                    
Amendment No. 5 was offered by Representatives Gruenberg and                                        
Croft:                                                                                              
                                                                                                    
Page 5, lines 7 - 13:                                                                               
 Delete all material.                                                                               
                                                                                                    
Reletter the following subsection accordingly.                                                      
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment No. 5 be adopted.                                                                         
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
Amendment to Amendment No. 5 was offered by Representative                                          
Berkowitz:                                                                                          
                                                                                                    
Page 4, line 14:                                                                                    
 Delete "and (c)"                                                                                   
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment to Amendment No. 5 be adopted.  There being no                                            
objection, it was so ordered.                                                                       
                                                                                                    
There being no further objection, Amendment No. 5 as amended was                                    
adopted.                                                                                            
                                                                                                    
                                                                                                    
Amendment No. 6 was offered by Representative Weyhrauch:                                            
                                                                                                    
Page 2, line 17, following "CONTACT].":                                                             
 Insert "The licensee must also verbally advise the person of the                               
conflict, and begin any written statement of the conflict of interest                           
with these words, underlined and written in bold:  "Disclosure of                               
Conflict of Interest.""                                                                         
                                                                                                    

2004-03-03                     House Journal                      Page 2820
Representative Weyhrauch moved and asked unanimous consent that                                     
Amendment No. 6 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSSSHB 29(JUD) am be considered engrossed, advanced to third                                        
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
CSSSHB 29(JUD) am was read the third time.                                                          
                                                                                                    
The question being:  "Shall CSSSHB 29(JUD) am pass the House?"                                      
The roll was taken with the following result:                                                       
                                                                                                    
CSSSHB 29(JUD) am                                                                                   
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  29   NAYS:  8   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Crawford, Croft, Dahlstrom, Fate,                               
Foster, Gatto, Harris, Hawker, Holm, Kohring, Kott, Lynn, Masek,                                    
McGuire, Meyer, Morgan, Moses, Rokeberg, Samuels, Seaton,                                           
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
Nays:  Berkowitz, Cissna, Gara, Gruenberg, Guttenberg, Joule,                                       
Kerttula, Ogg                                                                                       
                                                                                                    
Excused:  Heinze, Kapsner, Kookesh                                                                  
                                                                                                    
And so, CSSSHB 29(JUD) am passed the House.                                                         
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
Representative Croft gave notice of reconsideration of the vote on                                  
CSSSHB 29(JUD) am.                                                                                  
                                                                                                    
                                                                                                    
The Speaker stated that, without objection, the House would revert to:                              
                                                                                                    

2004-03-03                     House Journal                      Page 2821
                       MESSAGES FROM THE SENATE                                                  
                                                                                                    
A message dated March 3, 2004, was read stating the Senate has                                      
passed the following and it is transmitted for consideration:                                       
                                                                                                    
SB 348                                                                                            
CS FOR SENATE BILL NO. 348(FIN) by the Senate Finance                                               
Committee, entitled:                                                                                
                                                                                                    
    "An Act approving and ratifying the sale of royalty oil by the State                            
    of Alaska to Flint Hills Resources Alaska, LLC, and Flint Hills                                 
    Resources, LLC; and providing for an effective date."                                           
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                              (continued)                                                          
                                                                                                    
HB 414                                                                                            
The following was read the second time:                                                             
                                                                                                    
    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.'"                                    
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 STA RPT CS(STA) 3DP 1DNP 3NR                                     2568                              
 FN1: ZERO(GOV)                                                   2568                              
 JUD RPT CS(JUD) NT 5DP 2NR                                       2643                              
 FN1: ZERO(GOV)                                                   2643                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    CS FOR HOUSE BILL NO. 414(JUD)                                                                  
    "An Act relating to filling a vacancy in the office of United States                            
    senator, and to the definition of 'political party.'"                                           
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    

2004-03-03                     House Journal                      Page 2822
Amendment No. 1 was offered by Representatives Gruenberg and                                        
McGuire:                                                                                            
                                                                                                    
Page 3, following line 27:                                                                          
    Insert a new bill section to read:                                                              
"* Sec. 9.  AS 15.45.010 is amended to read:                                                      
             Sec. 15.45.010.  Provision and scope for use of the                                  
    initiative.  The law-making powers assigned to the legislature,                           
    including the power assigned to the legislature by the                                      
    Seventeenth Amendment to the Constitution of the United                                     
    States to direct how vacancies in the United States Senate shall                            
    be filled, may be exercised by the people through the initiative.                           
    However, an initiative may not be proposed to dedicate revenue,                                 
    to make or repeal appropriations, to create courts, to define the                               
    jurisdiction of courts or prescribe their rules, or to enact local or                           
    special legislation."                                                                           
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Weyhrauch objected.                                                                  
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 414(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  12   NAYS:  25   EXCUSED:  3   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Gara, Gruenberg, Guttenberg,                                    
Joule, Kerttula, Kohring, Masek, McGuire, Moses                                                     
                                                                                                    
Nays:  Chenault, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster,                                 
Gatto, Harris, Hawker, Holm, Kott, Lynn, Meyer, Morgan, Ogg,                                        
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    

2004-03-03                     House Journal                      Page 2823
Excused:  Heinze, Kapsner, Kookesh                                                                  
                                                                                                    
Dahlstrom changed from "Yea" to "Nay".                                                              
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
The following meetings today have been changed as indicated:                                        
                                                                                                    
Judiciary Committee                                                                                 
CHANGED TO:                                              1:45 p.m., 3/3                             
                                                                                                    
Resources Committee                                                                                 
CHANGED TO:                                              1:45 p.m., 3/3                             
                                                                                                    
The Speaker stated that, without objection, the House would recess                                  
until 8:30 p.m.; and so, the House recessed at 1:11 p.m.                                            
                                                                                                    
                             AFTER RECESS                                                        
                                                                                                    
The Speaker called the House back to order at 8:40 p.m.                                             
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                              (continued)                                                          
                                                                                                    
Representative Heinze, who had previously been excused from a call                                  
of the House today, was present.                                                                    
                                                                                                    
HB 414                                                                                            
Amendment No. 2 was offered by Representative Berkowitz:                                            
                                                                                                    
Page 1, line 1 (title amendment):                                                                   
 Delete "to filling a vacancy in the office of United States                                      
senator, and"                                                                                     
                                                                                                    
Delete Sections 1 - 8 and 10.                                                                       
                                                                                                    
Renumber the remaining section accordingly.                                                         
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 2 be adopted.                                                                         
                                                                                                    

2004-03-03                     House Journal                      Page 2824
Representative McGuire objected.                                                                    
                                                                                                    
Representative Berkowitz rose to a point of order.                                                  
                                                                                                    
The Speaker cautioned against impugning the motives of members.                                     
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 414(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  9   NAYS:  29   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Gara, Gruenberg, Guttenberg,                                    
Joule, Kerttula, Moses                                                                              
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Croft, Dahlstrom, Fate, Foster,                                 
Gatto, Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek,                                    
McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                             
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
Excused:  Kapsner, Kookesh                                                                          
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 414(JUD) be considered engrossed, advanced to third reading,                                   
and placed on final passage.                                                                        
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
CSHB 414(JUD) will advance to third reading on tomorrow's                                           
calendar.                                                                                           
                                                                                                    
                                                                                                    
                     HOUSE BILLS IN SECOND READING                                               
                                                                                                    
HB 15                                                                                             
The following, which had been held in second reading from the March                                 
1, 2004, calendar (page 2792), was again before the House:                                          
                                                                                                    

2004-03-03                     House Journal                      Page 2825
    CS FOR HOUSE BILL NO. 15(FIN)                                                                   
   "An Act relating to fair trade practices and consumer protection,                               
    to telephone solicitations, to charitable solicitations; and providing                          
    for an effective date."                                                                         
                                                                                                    
                                                                                                    
Amendment No. 1 was offered by Representatives Gruenberg and                                        
Fate:                                                                                               
                                                                                                    
Page 2, line 2, following "in":                                                                 
    Insert "the"                                                                                
                                                                                                    
Page 2, line 29:                                                                                    
    Delete "a"                                                                                      
    Insert "the [A]"                                                                            
                                                                                                    
Page 4, line 14, following "Commission and":                                                        
    Insert "the"                                                                                    
                                                                                                    
Page 7, line 8, following "or":                                                                     
    Insert "repeatedly"                                                                             
                                                                                                    
Page 7, line 9:                                                                                     
    Delete "repeatedly"                                                                             
                                                                                                    
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 15(FIN) am be considered engrossed, advanced to third                                          
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
CSHB 15(FIN) am was read the third time.                                                            
                                                                                                    
The question being:  "Shall CSHB 15(FIN) am pass the House?"  The                                   
roll was taken with the following result:                                                           

2004-03-03                     House Journal                      Page 2826
                                                                                                    
CSHB 15(FIN) am                                                                                     
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  35   NAYS:  1   EXCUSED:  2   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Hawker, Heinze, Holm, Joule, Kerttula, Kott, Lynn, Masek, McGuire,                                  
Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich,                                    
Stoltze, Weyhrauch, Wilson, Wolf                                                                    
                                                                                                    
Nays:  Kohring                                                                                      
                                                                                                    
Excused:  Kapsner, Kookesh                                                                          
                                                                                                    
Absent:  Harris, Williams                                                                           
                                                                                                    
And so, CSHB 15(FIN) am passed the House.                                                           
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
CSHB 15(FIN) am was referred to the Chief Clerk for engrossment.                                    
                                                                                                    
                     THIRD READING OF HOUSE BILLS                                                
                                                                                                    
HB 349                                                                                            
The following, which was advanced to third reading from the March 1,                                
2004, calendar (page 2793), was read the third time:                                                
                                                                                                    
    CS FOR HOUSE BILL NO. 349(JUD) am                                                               
    "An Act amending Rule 412, Alaska Rules of Evidence."                                           
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
CSHB 349(JUD) am be returned to second reading for the specific                                     
purpose of considering Amendment No. 2.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    
Amendment No. 2 was offered by Representative Kerttula:                                             
                                                                                                    

2004-03-03                     House Journal                      Page 2827
Page 2, lines 2 and 12, following "shows":                                                      
 Insert "by clear and convincing evidence"                                                      
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Samuels objected.                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 349(JUD) am                                                                                    
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  12   NAYS:  26   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Joule, Kerttula, Masek, Moses, Weyhrauch                                                
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, McGuire,                                         
Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                  
Williams, Wilson, Wolf                                                                              
                                                                                                    
Excused:  Kapsner, Kookesh                                                                          
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
CSHB 349(JUD) am be returned to second reading for the specific                                     
purpose of considering Amendment No. 3.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    
Amendment No. 3 was offered by Representative Kerttula:                                             
                                                                                                    
Page 2, line 6, following "requirement;" insert "and"                                       
                      "(iii) the prosecution informs the trier of fact                          
             of any violations of law, including violations of                                  
             constitutional rights that occurred in obtaining the                               
             statement;"                                                                        
                                                                                                    
Page 2, line 14, following "appropriate":                                                       

2004-03-03                     House Journal                      Page 2828
 Insert ", and informs the trier of fact of any violations of law,                              
including violations of constitutional rights that occurred in                                  
obtaining the statement"                                                                        
                                                                                                    
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Samuels objected.                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 349(JUD) am                                                                                    
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  14   NAYS:  23   EXCUSED:  2   ABSENT:  1                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Coghill, Crawford, Croft, Gara, Gruenberg,                                
Guttenberg, Heinze, Joule, Kerttula, Kott, Masek, Moses                                             
                                                                                                    
Nays:  Anderson, Chenault, Dahlstrom, Fate, Foster, Gatto, Harris,                                  
Hawker, Holm, Kohring, Lynn, McGuire, Meyer, Morgan, Ogg,                                           
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Excused:  Kapsner, Kookesh                                                                          
                                                                                                    
Absent:  Williams                                                                                   
                                                                                                    
And so, Amendment No. 3 was not adopted.                                                            
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
CSHB 349(JUD) am be returned to second reading for the specific                                     
purpose of considering Amendment No. 4.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    
Amendment No. 4 (to CSHB 349(JUD) am (page 2792)) was offered                                       
by Representative Berkowitz:                                                                        
                                                                                                    
Page 1, line 15 and page 2, line 12:                                                                
 Delete ", codefendant, or a former defendant in the case"                                      
                                                                                                    

2004-03-03                     House Journal                      Page 2829
Page 2, line 14:                                                                                    
 Delete "codefendant, or a former defendant ,"                                                  
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 4 be adopted.                                                                         
                                                                                                    
Representative Samuels objected.                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 349(JUD) am                                                                                    
Second Reading                                                                                      
Amendment No. 4                                                                                     
                                                                                                    
YEAS:  9   NAYS:  28   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Cissna, Gruenberg, Guttenberg, Heinze, Kerttula,                                  
Kott, Masek, Moses                                                                                  
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Crawford, Croft, Dahlstrom,                                     
Fate, Foster, Gara, Gatto, Harris, Hawker, Holm, Joule, Kohring,                                    
Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                       
Stepovich, Stoltze, Weyhrauch, Wilson, Wolf                                                         
                                                                                                    
Excused:  Kapsner, Kookesh                                                                          
                                                                                                    
Absent:  Williams                                                                                   
                                                                                                    
And so, Amendment No. 4 was not adopted.                                                            
                                                                                                    
Representative Gruenberg  moved and asked unanimous consent that                                    
CSHB 349(JUD) am be returned to second reading for the specific                                     
purpose of considering Amendment No. 5.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    
                                                                                                    
Amendment No. 5 was offered by Representatives Gruenberg and                                        
Samuels:                                                                                            
                                                                                                    
Page 2, line 14, following "former defendant":                                                  
    Insert "in the case"                                                                        
                                                                                                    

2004-03-03                     House Journal                      Page 2830
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment No. 5 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
Representative Samuels placed a call of the House.                                                  
                                                                                                    
The call was satisfied.                                                                             
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 349(JUD) am pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 349(JUD) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  34   NAYS:  4   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gatto, Gruenberg, Harris, Hawker,                                   
Heinze, Holm, Joule, Kohring, Kott, Lynn, Masek, McGuire, Meyer,                                    
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Nays:  Gara, Guttenberg, Kerttula, Moses                                                            
                                                                                                    
Excused:  Kapsner, Kookesh                                                                          
                                                                                                    
And so, CSHB 349(JUD) am passed the House.                                                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
court rule change.  There being no objection, it was so ordered.                                    
                                                                                                    
CSHB 349(JUD) am was referred to the Chief Clerk for engrossment.                                   
                                                                                                    
                                                                                                    
                         LEGISLATIVE CITATIONS                                                   
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citation on the calendar.  There being no objection,                              
the following citation was approved and sent to enrolling:                                          
                                                                                                    

2004-03-03                     House Journal                      Page 2831
Honoring - The Conference of Alaskans                                                               
By Representatives Guttenberg, Kott, Anderson, Berkowitz, Chenault,                                 
Cissna, Crawford, Croft, Dahlstrom, Gara, Gruenberg, Harris,                                        
Hawker, Heinze, Joule, Kerttula, Kookesh, Lynn, McGuire, Meyer,                                     
Morgan, Ogg, Samuels, Seaton, 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 Cissna - from 6:30 a.m., March 5 to 10:00 a.m., plane                                
time, March 7, 2004                                                                                 
                                                                                                    
Representative Williams - from 9:00 a.m., March 5 to 10:00 p.m.,                                    
plane time, March 7, 2004                                                                           
                                                                                                    
Representative Heinze - from 7:30 p.m., March 5 to 10:00 p.m., plane                                
time, March 7, 2004                                                                                 
                                                                                                    
Representative Anderson - from evening plane time, March 5 to                                       
morning plane time, March 8, 2004                                                                   
                                                                                                    
Representative Holm - from 7:00 p.m., March 5 to 9:30 a.m., plane                                   
time, March 8, 2004                                                                                 
                                                                                                    
Representative Wolf - from 7:00 p.m., March 5 to 9:30 a.m., plane                                   
time, March 8, 2004                                                                                 
                                                                                                    
Representative McGuire - from 7:30 p.m., March 5 to 7:00 p.m., plane                                
time, March 9, 2004                                                                                 
                                                                                                    
Representative Coghill - from 7:00 a.m., March 6 to 9:00 p.m., plane                                
time, March 7, 2004                                                                                 
                                                                                                    
Representative Wilson - from morning plane time, March 6 to                                         
morning plane time, March 7, 2004                                                                   
                                                                                                    

2004-03-03                     House Journal                      Page 2832
Representative Gruenberg - from 7:00 a.m., March 6 to 10:00 a.m.,                                   
plane time, March 9, 2004                                                                           
                                                                                                    
HB 514                                                                                            
The Speaker added a Finance Committee referral for the following:                                   
                                                                                                    
    HOUSE BILL NO. 514                                                                              
    "An Act relating to child support modification and enforcement, to                              
    the establishment of paternity by the child support enforcement                                 
    agency, and to the crimes of criminal nonsupport and aiding the                                 
    nonpayment of child support; amending Rule 90.3, Alaska Rules                                   
    of Civil Procedure; and providing for an effective date."                                       
                                                                                                    
HB 514 was removed from the Rules Committee and referred to the                                     
Finance Committee.                                                                                  
                                                                                                    
                                                                                                    
HCR 31                                                                                            
Representative Morgan added his name as cosponsor to:                                               
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 31                                                              
    Proclaiming March 2004 as Traumatic Brain Injury Awareness                                      
    Month.                                                                                          
                                                                                                    
HB 15                                                                                             
Representative Gruenberg added his name as cosponsor to:                                            
                                                                                                    
    CS FOR HOUSE BILL NO. 15(FIN) am                                                                
    "An Act relating to fair trade practices and consumer protection,                               
    to telephone solicitations, to charitable solicitations; and providing                          
    for an effective date."                                                                         
                                                                                                    
HB 29                                                                                             
Representative Lynn added his name as cosponsor to:                                                 
                                                                                                    
    CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                    
    29(JUD) am                                                                                      
    "An Act relating to real estate licensees and real estate                                       
    transactions; and providing for an effective date."                                             
                                                                                                    

2004-03-03                     House Journal                      Page 2833
HB 91                                                                                             
Representative Hawker 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 344                                                                                            
Representative Croft added his name as cosponsor to:                                                
                                                                                                    
    HOUSE BILL NO. 344                                                                              
    "An Act relating to annual rental fees for mining claims, and                                   
    providing for reduced royalties during the first three years of                                 
    production."                                                                                    
                                                                                                    
HB 385                                                                                            
Representative Holm added his name as cosponsor to:                                                 
                                                                                                    
    HOUSE BILL NO. 385                                                                              
    "An Act relating to awarding child custody; and providing for an                                
    effective date."                                                                                
                                                                                                    
HB 495                                                                                            
Representative Foster added his name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 495                                                                              
    "An Act relating to the four dam pool joint action agency; and                                  
    providing for an effective date."                                                               
                                                                                                    
                                                                                                    
SB 348                                                                                            
Representatives Coghill and Morgan added their names as cross                                       
sponsors to:                                                                                        
                                                                                                    
    CS FOR SENATE BILL NO. 348(FIN)                                                                 
    "An Act approving and ratifying the sale of royalty oil by the State                            
    of Alaska to Flint Hills Resources Alaska, LLC, and Flint Hills                                 
    Resources, LLC; and providing for an effective date."                                           
                                                                                                    

2004-03-03                     House Journal                      Page 2834
                              ENGROSSMENT                                                        
                                                                                                    
HB 15                                                                                             
CSHB 15(FIN) am was engrossed, signed by the Speaker and Chief                                      
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HB 349                                                                                            
CSHB 349(JUD) am was engrossed, signed by the Speaker and Chief                                     
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
                                                                                                    
                              ENROLLMENT                                                         
                                                                                                    
HB 374                                                                                            
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 1:20 p.m.,                                 
March 2, 2004:                                                                                      
                                                                                                    
    CS FOR HOUSE BILL NO. 374(FIN) am                                                               
    "An Act establishing the senior care program and relating to that                               
    program; creating a new fund for the provision of senior services;                              
    relating to aid to senior citizens; and providing for an effective                              
    date."                                                                                          
                                                                                                    
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
Majority Caucus          Speaker's Chamber                upon adj., 3/3                            
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., March 4, 2004.  There being no                                      
objection, the House adjourned at 10:24 p.m.                                                        
                                                                                                    
                                           Suzi Lowell                                              
                                           Chief Clerk