Legislature(2003 - 2004)

2004-03-04 House Journal

Full Journal pdf

2004-03-04                     House Journal                      Page 2837
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
              TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                         
                                                                                                    
Juneau, Alaska                   Thursday                 March 4, 2004                           
                                                                                                    
                            Fifty-third Day                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 10:17 a.m.                                                                                  
                                                                                                    
Roll call showed 38 members present.  Representative Kapsner had                                    
been previously excused from a call of the House today.                                             
                                                                                                    
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                                 
Coghill moved and asked unanimous consent that the invocation be                                    
spread on the journal.  There being no objection, it was so ordered.                                
                                                                                                    
    Dear Lord,                                                                                      
                                                                                                    
    Today we need Your strength.  It seems that sometimes the                                       
    wells of our resources run dry.  And we need the strength You                                   
    offer to us to fill up some of those diminishing reserves.  You                                 
    are the one who can provide the ability to think clearly and to                                 
    act decisively.  And bless the Representatives today as they                                    
    trust You.                                                                                      
                                                                                                    
    Give us the power to remove some of those mountainous                                           
    difficulties that often divide us.  Turn those mountains into                                   
    sand hills as we put our faith and trust in You.  Guide us to                                   
    resolve our present concerns.  Bring us together in unity.  We                                  
    know that nothing is impossible to You, and Lord, today we                                      
    need You.  Amen.                                                                                

2004-03-04                     House Journal                      Page 2838
The Pledge of Allegiance was led by Representative Gruenberg.                                       
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 52nd legislative day be approved as certified by the                                
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
Note the following correction to CSHB 349(JUD) am (page 2829):                                      
                                                                                                    
"Amendment No. 5 was offered  by Representatives Gruenberg and                                       
Samuels:"                                                                                           
                                                                                                    
                       MESSAGES FROM THE SENATE                                                  
                                                                                                    
Messages dated March 3, 2004, were read stating the Senate has                                      
passed the following and they are transmitted for consideration:                                    
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                         OF SENATE RESOLUTIONS                                                   
                                                                                                    
SCR 19                                                                                            
SENATE CONCURRENT RESOLUTION NO. 19 by Senator Gary                                                 
Stevens by request of the Joint Legislative Salmon Industry Task                                    
Force:                                                                                              
                                                                                                    
    Relating to the support of fisheries education, training, and                                   
    research and encouraging collaborative efforts between the state,                               
    the University of Alaska, and other educational institutions to                                 
    provide fisheries education programs.                                                           
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Fisheries and the Health, Education & Social Services Committee.                                    
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                            OF SENATE BILLS                                                      
                                                                                                    
SB 269                                                                                            
CS FOR SENATE BILL NO. 269(CRA) by the Senate Community &                                           
Regional Affairs Committee, entitled:                                                               

2004-03-04                     House Journal                      Page 2839
    "An Act relating to access to library records, including access to                              
    the library records of a child by a parent or guardian."                                        
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Judiciary Committees.                                                                  
                                                                                                    
SB 291                                                                                            
SENATE BILL NO. 291 by the Senate Labor & Commerce                                                  
Committee, entitled:                                                                                
                                                                                                    
    "An Act extending the transition period for activities involving                                
    unstamped cigarettes; and providing for an effective date."                                     
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
The Judiciary Committee has reviewed the qualifications of the                                      
following and recommends the appointment be forwarded to a joint                                    
session for consideration:                                                                          
                                                                                                    
                         Dr. David G. Ingraham                                                     
                                                                                                    
as a member of the Violent Crimes Compensation Board.                                               
                                                                                                    
The report was signed by Representative McGuire, Chair; and                                         
Representatives Samuels, Gara, Holm, Anderson, and Gruenberg.                                       
                                                                                                    
HCR 28                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 28                                                              
    Relating to the socioeconomic impacts of salmon harvesting                                      
    cooperatives.                                                                                   
                                                                                                    
The report was signed by Representatives Dahlstrom and Masek, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (5):  Gatto, Stepovich, Heinze, Guttenberg, Dahlstrom                                       
                                                                                                    

2004-03-04                     House Journal                      Page 2840
Do not pass (1):  Wolf                                                                              
                                                                                                    
No recommendation (2):  Lynn, Masek                                                                 
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Legislative Agency                                                                        
2.  Fiscal, University of Alaska                                                                    
                                                                                                    
HCR 28 was referred to the Finance Committee.                                                       
                                                                                                    
HB 403                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 403                                                                              
    "An Act relating to the Alaska Insurance Guaranty Association;                                  
    relating to joint insurance arrangements and assessments to the                                 
    association; relating to the powers of the Alaska Industrial                                    
    Development and Export Authority concerning the association;                                    
    and providing for an effective date."                                                           
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 403(L&C)                                                                  
    "An Act relating to the Alaska Insurance Guaranty Association;                                  
    relating to the powers of the Alaska Industrial Development and                                 
    Export Authority concerning the association; and providing for an                               
    effective date."                                                                                
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
No recommendation (7):  Samuels, Holm, Gara, Anderson, Gruenberg,                                   
Ogg, McGuire                                                                                        
                                                                                                    
The following fiscal note(s) apply to CSHB 403(L&C):                                                
                                                                                                    
1.  Zero, Dept. of Labor & Workforce Development                                                    
2.  Zero, Dept. of Community & Economic Development                                                 
3.  Zero, Dept. of Community & Economic Development                                                 

2004-03-04                     House Journal                      Page 2841
4.  Zero, Dept. of Community & Economic Development                                                 
5.  Fiscal, Dept. of Administration                                                                 
                                                                                                    
HB 403 was referred to the Finance Committee.                                                       
                                                                                                    
HB 515                                                                                            
The Community & Regional Affairs Committee has considered:                                          
                                                                                                    
    HOUSE BILL NO. 515                                                                              
    "An Act relating to the regulation of municipal water and sewer                                 
  utilities not in competition with other water and sewer utilities."                              
                                                                                                    
The report was signed by Representative Morgan, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  Anderson                                                                              
                                                                                                    
No recommendation (4):  Kott, Samuels, Wolf, Morgan                                                 
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Community & Economic Development                                               
2.  Fiscal, Dept. of Community & Economic Development                                               
                                                                                                    
HB 515 was referred to the Labor & Commerce Committee.                                              
                                                                                                    
HB 524                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 524                                                                              
    "An Act relating to the protection of land and water from waste                                 
    disposal; providing for the regulation of waste management;                                     
    making conforming amendments; and providing for an effective                                    
    date."                                                                                          
                                                                                                    
The report was signed by Representatives Dahlstrom and Masek, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (5):  Lynn, Stepovich, Heinze, Dahlstrom, Masek                                             
                                                                                                    

2004-03-04                     House Journal                      Page 2842
No recommendation (1):  Gatto                                                                       
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Environmental Conservation                                                       
                                                                                                    
HB 524 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
SB 283                                                                                            
The Finance Committee has again considered the following, which                                     
was read the second time and returned (page 2768):                                                  
                                                                                                    
    CS FOR SENATE BILL NO. 283(FIN)                                                                 
    "An Act making an appropriation to reverse the deposit of money                                 
    available for appropriation in the general fund at the end of fiscal                            
    year 2003 into the constitutional budget reserve fund; making an                                
    appropriation for investment management fees for the                                            
    constitutional budget reserve fund; making appropriations under                                 
    art. IX, sec. 17(c), Constitution of the State of Alaska, from the                              
    constitutional budget reserve fund; and providing for an effective                              
    date."                                                                                          
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (10):  Meyer, Hawker, Stoltze, Joule, Croft, Chenault, Fate,                                
Foster, Harris, Williams                                                                            
                                                                                                    
No recommendation (1):  Moses                                                                       
                                                                                                    
CSSB 283(FIN) is on today's calendar.                                                               
                                                                                                    
SB 348                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    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."                                           

2004-03-04                     House Journal                      Page 2843
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (5):  Meyer, Fate, Foster, Harris, Williams                                                 
                                                                                                    
No recommendation (6):  Hawker, Stoltze, Joule, Croft, Moses,                                       
Chenault                                                                                            
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Natural Resources                                                              
                                                                                                    
CSSB 348(FIN) is on today's calendar.                                                               
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Jed Wade                                                                                 
By Representatives Stoltze, Kohring, Masek, Gatto; Senators Green,                                  
Ogan                                                                                                
                                                                                                    
Honoring - Chancellor Marshall Lind in His Retirement                                               
By Representative Guttenberg                                                                        
                                                                                                    
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                            OF HOUSE BILLS                                                       
                                                                                                    
HB 530                                                                                            
HOUSE BILL NO. 530 by the House Labor & Commerce Committee,                                         
entitled:                                                                                           
                                                                                                    
    "An Act relating to dentists and dental hygienists; establishing                                
    certain committees for the discipline and peer review of dentists;                              
    excluding the adjudicatory proceedings of the Board of Dental                                   
    Examiners and its committees from the Administrative Procedure                                  
    Act; and providing for an effective date."                                                      
                                                                                                    

2004-03-04                     House Journal                      Page 2844
was read the first time and referred to the Labor & Commerce and                                    
Judiciary Committees.                                                                               
                                                                                                    
HB 531                                                                                            
HOUSE BILL NO. 531 by the House Resources Committee, entitled:                                      
                                                                                                    
    "An Act relating to natural gas exploration and development and                                 
    to nonconventional gas, and amending the section under which                                    
    shallow natural gas leases may be issued; and providing for an                                  
    effective date."                                                                                
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Oil & Gas and the Resources and Finance Committees.                                                 
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 91                                                                                             
The following was read the second time:                                                             
                                                                                                    
    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."                                                                                       
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 L&C RPT 4DP 1NR                                                      284                           
 FN1: INDETERMINATE(ADM)                                              284                           
 FIN RPT CS(FIN) NT 3DP 7NR                                          2681                           
 FN2: (ADM)                                                          2682                           
                                                                                                    
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. 91(FIN)                                                                   
    "An Act relating to medical benefits for retired peace officers after                           
    20 years of credited service."                                                                  
                                                                                                    

2004-03-04                     House Journal                      Page 2845
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 91(FIN) be considered engrossed, advanced to third reading,                                    
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 91(FIN) was read the third time.                                                               
                                                                                                    
The question being:  "Shall CSHB 91(FIN) pass the House?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CSHB 91(FIN)                                                                                        
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  33   NAYS:  3   EXCUSED:  2   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, 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                                                                                   
                                                                                                    
Nays:  Coghill, Kohring, Wolf                                                                       
                                                                                                    
Excused:  Kapsner, Kookesh                                                                          
                                                                                                    
Absent:  Harris, Williams                                                                           
                                                                                                    
Rokeberg changed from "Nay" to "Yea".                                                               
Seaton changed from "Nay" to "Yea".                                                                 
                                                                                                    
And so, CSHB 91(FIN) passed the House and was referred to the                                       
Chief Clerk for engrossment.                                                                        
                                                                                                    
                                                                                                    
HB 213                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 213                                                                              
    "An Act relating to a provisional driver's license and to issuance                              
    of a driver's license; and providing for an effective date."                                    
                                                                                                    

2004-03-04                     House Journal                      Page 2846
with the:                                                   Journal Page                            
                                                                                                    
 TRA RPT CS(TRA) 6NR 1AM                                             2535                           
 FN1: (ADM)                                                          2536                           
 L&C RPT CS(L&C) 5DP                                                 2586                           
 FN1: (ADM)                                                          2587                           
 FIN RPT CS(FIN) 6DP 1NR                                             2788                           
 FN1: (ADM)                                                          2788                           
                                                                                                    
                                                                                                    
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. 213(FIN)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 213(FIN) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 213(FIN) was read the third time.                                                              
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 213(FIN) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 213(FIN)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  31   NAYS:  3   EXCUSED:  2   ABSENT:  4                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Cissna, Coghill, Crawford, Dahlstrom,                                    
Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Hawker, Heinze,                                   
Holm, Joule, Kerttula, Kott, Lynn, Masek, McGuire, Meyer, Morgan,                                   
Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch,                                        
Wilson                                                                                              
                                                                                                    

2004-03-04                     House Journal                      Page 2847
Nays:  Kohring, Stoltze, Wolf                                                                       
                                                                                                    
Excused:  Kapsner, Kookesh                                                                          
                                                                                                    
Absent:  Berkowitz, Croft, Harris, Williams                                                         
                                                                                                    
And so, CSHB 213(FIN) passed the House.                                                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
CSHB 213(FIN) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    
                                                                                                    
HB 350                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 350                                                                              
    "An Act relating to adding personal injury, death, and property                                 
    damage from arson in the first degree to the offenses compensable                               
    by the Violent Crimes Compensation Board."                                                      
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 STA RPT CS(STA) NT 6DP                                              2406                           
 FN1: ZERO(ADM)                                                      2406                           
 JUD RPT CS(STA) NT 6DP                                              2684                           
 FN1: ZERO(ADM)                                                      2685                           
                                                                                                    
                                                                                                    
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. 350(STA)                                                                  
    "An Act adding personal injury and death from arson in the first                                
    degree to the injuries compensable by the Violent Crimes                                        
    Compensation Board; and providing for an effective date."                                       
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    

2004-03-04                     House Journal                      Page 2848
Representative Coghill moved and asked unanimous consent that                                       
CSHB 350(STA) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 350(STA) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSHB 350(STA) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 350(STA)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  35   NAYS:  0   EXCUSED:  2   ABSENT:  3                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Hawker, Heinze, Holm, Joule, Kerttula, Kohring, Kott, Lynn, Masek,                                  
McGuire, Meyer, Morgan, Moses, Ogg, Samuels, Seaton, Stepovich,                                     
Stoltze, Weyhrauch, Wilson, Wolf                                                                    
                                                                                                    
Excused:  Kapsner, Kookesh                                                                          
                                                                                                    
Absent:  Harris, Rokeberg, Williams                                                                 
                                                                                                    
And so, CSHB 350(STA) 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 350(STA) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    
                    SECOND READING OF SENATE BILLS                                               
                                                                                                    
SB 348                                                                                            
The following was read the second time:                                                             
                                                                                                    
    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."                                           

2004-03-04                     House Journal                      Page 2849
with the:                                                   Journal Page                            
                                                                                                    
 FIN RPT 5DP 6NR                                                     2842                           
 FN1: (DNR)                                                          2843                           
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSSB 348(FIN) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSSB 348(FIN) was read the third time.                                                              
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that he                                    
be allowed to abstain from voting because of a conflict of interest.                                
Objection was heard, and Representative Coghill was required to vote.                               
                                                                                                    
The question being:  "Shall CSSB 348(FIN) pass the House?"  The roll                                
was taken with the following result:                                                                
                                                                                                    
CSSB 348(FIN)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  2   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Hawker, Heinze, Holm, Joule, Kerttula, Kohring, Kott, Lynn, Masek,                                  
McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton,                                      
Stepovich, Stoltze, Weyhrauch, Wilson, Wolf                                                         
                                                                                                    
Excused:  Kapsner, Kookesh                                                                          
                                                                                                    
Absent:  Harris, Williams                                                                           
                                                                                                    
And so, CSSB 348(FIN) passed the House.                                                             
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    

2004-03-04                     House Journal                      Page 2850
Representative Coghill later gave notice of reconsideration of the vote                             
on CSSB 348(FIN), and reconsideration was taken up then.                                            
                                                                                                    
The Speaker stated that, without objection, the House would recess                                  
until 11:30 a.m.; and so, the House recessed at 11:07 a.m.                                          
                                                                                                    
                                                                                                    
                             AFTER RECESS                                                        
                                                                                                    
The Speaker called the House back to order at 11:48 a.m.                                            
                                                                                                    
                                                                                                    
                    SENATE BILLS IN SECOND READING                                               
                                                                                                    
SB 283                                                                                            
The following, which had been read the second time and returned to                                  
the Finance Committee (page 2768), was again read a second time:                                    
                                                                                                    
    CS FOR SENATE BILL NO. 283(FIN)                                                                 
    "An Act making an appropriation to reverse the deposit of money                                 
    available for appropriation in the general fund at the end of fiscal                            
    year 2003 into the constitutional budget reserve fund; making an                                
    appropriation for investment management fees for the                                            
    constitutional budget reserve fund; making appropriations under                                 
    art. IX, sec. 17(c), Constitution of the State of Alaska, from the                              
    constitutional budget reserve fund; and providing for an effective                              
    date."                                                                                          
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 FIN RPT 10DP 1NR                                                    2842                           
                                                                                                    
The Speaker stated that, without objection, CSSB 283(FIN) would be                                  
held in second reading.                                                                             
                                                                                                    
Representative Williams objected.                                                                   
                                                                                                    
The Speaker stated that, without objection, CSSB 283(FIN) would be                                  
moved to the bottom of the calendar.                                                                
                                                                                                    

2004-03-04                     House Journal                      Page 2851
                     THIRD READING OF HOUSE BILLS                                                
                                                                                                    
HB 414                                                                                            
The following, which was advanced to third reading from the March 3,                                
2004, calendar (page 2824), was read the third time:                                                
                                                                                                    
    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.'"                                           
                                                                                                    
Representative McGuire placed a call of the House.                                                  
                                                                                                    
                                                                                                    
Representatives Guttenberg and Croft 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.                                                                                   
                                                                                                    
Representative McGuire lifted the call.                                                             
                                                                                                    
                                                                                                    
Representative Rokeberg moved the previous question.                                                
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
Representative Rokeberg moved and asked unanimous consent to                                        
withdraw the motion.  There being no objection, it was so ordered.                                  
                                                                                                    
Representative Crawford moved and asked unanimous consent that he                                   
be allowed to abstain from voting because of a conflict of interest.                                
Objection was heard, and Representative Crawford was required to                                    
vote.                                                                                               
                                                                                                    
The question being:  "Shall CSHB 414(JUD) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 414(JUD)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  30   NAYS:  7   EXCUSED:  2   ABSENT:  1                                                   

2004-03-04                     House Journal                      Page 2852
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, 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                                    
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Guttenberg, Kerttula, Moses,                                    
Wolf                                                                                                
                                                                                                    
Excused:  Kapsner, Kookesh                                                                          
                                                                                                    
Absent:  Gara                                                                                       
                                                                                                    
And so, CSHB 414(JUD) passed the House and was referred to the                                      
Chief Clerk for engrossment.                                                                        
                                                                                                    
                                                                                                    
                            RECONSIDERATION                                                      
                                                                                                    
SB 348                                                                                            
Representative Coghill gave notice of reconsideration of the vote on                                
CSSB 348(FIN) (page 2849).                                                                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
reconsideration of CSSB 348(FIN) be taken up on the same day.                                       
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
The following was again before the House in third reading:                                          
                                                                                                    
    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."                                           
                                                                                                    
The question to be reconsidered:  "Shall CSSB 348(FIN) pass the                                     
House?"  The roll was taken with the following result:                                              
                                                                                                    
CSSB 348(FIN)--RECONSIDERATION                                                                      
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    

2004-03-04                     House Journal                      Page 2853
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gatto, Gruenberg, Guttenberg, Harris,                               
Hawker, Heinze, Holm, Joule, Kerttula, Kohring, Kott, Lynn, Masek,                                  
McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton,                                      
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
Excused:  Kapsner, Kookesh                                                                          
                                                                                                    
Absent:  Gara                                                                                       
                                                                                                    
And so, CSSB 348(FIN) passed the House on reconsideration.                                          
                                                                                                    
                                                                                                    
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.                                
                                                                                                    
CSSB 348(FIN) was signed by the Speaker and Chief Clerk and                                         
returned to the Senate.                                                                             
                                                                                                    
                                                                                                    
                    SENATE BILLS IN SECOND READING                                               
                              (continued)                                                          
                                                                                                    
SB 283                                                                                            
The following, which had been moved to the bottom of the calendar                                   
(page 2850), was again before the House:                                                            
                                                                                                    
    CS FOR SENATE BILL NO. 283(FIN)                                                                 
    "An Act making an appropriation to reverse the deposit of money                                 
    available for appropriation in the general fund at the end of fiscal                            
    year 2003 into the constitutional budget reserve fund; making an                                
    appropriation for investment management fees for the                                            
    constitutional budget reserve fund; making appropriations under                                 
    art. IX, sec. 17(c), Constitution of the State of Alaska, from the                              
    constitutional budget reserve fund; and providing for an effective                              
    date."                                                                                          
                                                                                                    
The Speaker stated that, without objection, the House would recess                                  
until 5:00 p.m.; and so, the House recessed at 12:39 p.m.                                           
                                                                                                    

2004-03-04                     House Journal                      Page 2854
                             AFTER RECESS                                                        
                                                                                                    
The Speaker called the House back to order at 5:33 p.m.                                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House recess until 9:00 p.m.  There being no objection, the House                                   
recessed at 5:33 p.m.                                                                               
                                                                                                    
                             AFTER RECESS                                                        
                                                                                                    
The Speaker called the House back to order at 11:22 p.m.                                            
                                                                                                    
The House adjourned.                                                                                
                                                                                                    
                    SENATE BILLS IN SECOND READING                                               
                                                                                                    
SB 283                                                                                            
The following, which had been moved to the bottom of the calendar                                   
(page 2850), was not taken up this legislative day and will advance to                              
third reading on tomorrow's calendar:                                                               
                                                                                                    
    CS FOR SENATE BILL NO. 283(FIN)                                                                 
    "An Act making an appropriation to reverse the deposit of money                                 
    available for appropriation in the general fund at the end of fiscal                            
    year 2003 into the constitutional budget reserve fund; making an                                
    appropriation for investment management fees for the                                            
    constitutional budget reserve fund; making appropriations under                                 
    art. IX, sec. 17(c), Constitution of the State of Alaska, from the                              
    constitutional budget reserve fund; and providing for an effective                              
    date."                                                                                          
                                                                                                    
                         LEGISLATIVE CITATIONS                                                   
                                                                                                    
The following citations were not taken up today and will be on                                      
tomorrow's calendar:                                                                                
                                                                                                    
Honoring - The 2004 Wasilla High School Wrestling Team                                              
By Representatives Stoltze, Kohring, Masek, Gatto, Kott, Anderson,                                  
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Fate, Gara, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule,                                     
Kerttula, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                   
Stepovich, Weyhrauch, Williams, Wilson, Wolf; Senators Green,                                       
Ogan                                                                                                

2004-03-04                     House Journal                      Page 2855
Honoring - 4-H Western Regional Leadership Forum                                                    
By Senator Green; Representatives Stoltze, Kott, Anderson,                                          
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm,                                     
Joule, Kerttula, Kohring, Lynn, Masek, McGuire, Meyer, Morgan,                                      
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams,                                     
Wilson, Wolf                                                                                        
                                                                                                    
                                                                                                    
In Memoriam - Joan M. Hurst                                                                         
By Representatives Crawford, Kott, Anderson, Berkowitz, Chenault,                                   
Cissna, Coghill, Croft, Dahlstrom, Fate, Foster, Gara, Gatto,                                       
Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kerttula,                                       
Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                      
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
                                                                                                    
In Memoriam - Denise Selma Asicksik                                                                 
By Senator Hoffman; Representatives Kott, Anderson, Berkowitz,                                      
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster,                                
Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule,                                    
Kerttula, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels,                                    
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                       
                                                                                                    
                                                                                                    
In Memoriam - Elena Crisco                                                                          
By Senator Hoffman; Representatives Kott, Anderson, Berkowitz,                                      
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster,                                
Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule,                                    
Kerttula, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels,                                    
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                       
                                                                                                    
In Memoriam - Nona Nuyalan Amos                                                                     
By Senator Hoffman; Representatives Kapsner, Kott, Anderson,                                        
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker,                                   
Holm, Joule, Kerttula, Masek, McGuire, Meyer, Morgan, Ogg,                                          
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    

2004-03-04                     House Journal                      Page 2856
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HCR 31                                                                                            
Representative Dahlstrom added her name as cosponsor to:                                            
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 31                                                              
    Proclaiming March 2004 as Traumatic Brain Injury Awareness                                      
    Month.                                                                                          
                                                                                                    
                                                                                                    
HB 213                                                                                            
Representatives Gara, Seaton, and Lynn added their names as                                         
cosponsors to:                                                                                      
                                                                                                    
    CS FOR HOUSE BILL NO. 213(FIN)                                                                  
    "An Act relating to a provisional driver's license and to issuance                              
    of a driver's license; and providing for an effective date."                                    
                                                                                                    
HB 350                                                                                            
Representatives Ogg, Lynn, and Dahlstrom added their names as                                       
cosponsors to:                                                                                      
                                                                                                    
    CS FOR HOUSE BILL NO. 350(STA)                                                                  
    "An Act adding personal injury and death from arson in the first                                
    degree to the injuries compensable by the Violent Crimes                                        
    Compensation Board; and providing for an effective date."                                       
                                                                                                    
HB 458                                                                                            
Representative Wolf added his name as cosponsor to:                                                 
                                                                                                    
    HOUSE BILL NO. 458                                                                              
    "An Act relating to a one-day commercial fishing crewmember                                     
    license."                                                                                       
                                                                                                    
HB 494                                                                                            
Representatives Foster and Meyer added their names as cosponsors to:                                
                                                                                                    
    HOUSE BILL NO. 494                                                                              
    "An Act relating to the disbursement of money by the state,                                     
    including employment compensation, unemployment payments,                                       

2004-03-04                     House Journal                      Page 2857
    and permanent fund dividends, and to bank investments and                                       
    deposits by the state; and providing for an effective date."                                    
                                                                                                    
HB 514                                                                                            
Representative Coghill removed his name as cosponsor to:                                            
                                                                                                    
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."                                                    
                                                                                                    
SJR 26                                                                                            
Representative Wolf added his name as cross sponsor to:                                             
                                                                                                    
    CS FOR SENATE JOINT RESOLUTION NO. 26(RES)                                                      
    Requesting the United States Department of the Interior and the                                 
    United States Department of Justice to appeal the decision of the                               
    United States Court of Appeals for the Ninth Circuit in The                                     
    Wilderness Society v. United States Fish and Wildlife Service and                               
    to seek an emergency stay of the decision pending an appeal of the                              
    decision.                                                                                       
                                                                                                    
SB 348                                                                                            
Representatives Seaton, Chenault, Holm, Guttenberg, Heinze, Wilson,                                 
and Fate 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."                                           
                                                                                                    
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HB 29                                                                                             
Reconsideration of the following was not taken up on this legislative                               
day.  It was engrossed, signed by the Speaker and Chief Clerk and                                   
transmitted to the Senate for consideration:                                                        

2004-03-04                     House Journal                      Page 2858
    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."                                             
                                                                                                    
                                                                                                    
HB 91                                                                                             
CSHB 91(FIN) was engrossed, signed by the Speaker and Chief Clerk                                   
and transmitted to the Senate for consideration.                                                    
                                                                                                    
HB 213                                                                                            
CSHB 213(FIN) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HB 350                                                                                            
CSHB 350(STA) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HB 414                                                                                            
CSHB 414(JUD) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn (page 2854) until noon, March 5, 2004.  There being no                                
objection, the House adjourned at 11:23 p.m.                                                        
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk