Legislature(2003 - 2004)

2004-03-15 House Journal

Full Journal pdf

2004-03-15                     House Journal                      Page 2945
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
              TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                         
                                                                                                    
Juneau, Alaska                  Monday                 March 15, 2004                             
                                                                                                    
                           Sixty-fourth Day                                                    
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 2:04 p.m.                                                                                   
                                                                                                    
Roll call showed 32 members present.  Representatives Joule, Lynn,                                  
and Moses had been previously excused from a call of the House                                      
today.  Representative Rokeberg had been previously excused from a                                  
call of the House today and his presence was noted later.                                           
Representatives Croft and Gatto were absent and their presence was                                  
noted later.  Representative Heinze was absent.                                                     
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Berkowitz be excused from a call of the House from                                   
today to 2:00 p.m., March 16, 2004.  There being no objection, it was                               
so ordered.                                                                                         
                                                                                                    
The invocation was offered by the Chaplain, Pastor Tom Matthews of                                  
Douglas Island Bible Church.  Representative Fate moved and asked                                   
unanimous consent that the invocation be spread on the journal.  There                              
being no objection, it was so ordered.                                                              
                                                                                                    
     As we prepare to pray, I realize the varied religious beliefs                                 
    represented here today.  With respect for those, I do ask that                                 
    you would join me in prayer.  Let us pray.                                                      
                                                                                                    
    Dear Lord,                                                                                      
                                                                                                    
    What a privilege it is to come before You in prayer.  We have                                   
    a group of people here, Lord, the Alaska State House of                                         
    Representatives, who have gathered to discuss and make                                          

2004-03-15                     House Journal                      Page 2946
    decisions about the affairs of the great state of Alaska.  We                                   
    pray for wisdom, for clarity of mind as issues are discussed.                                   
    These legislators have been in session for some time now, and                                   
    I'm sure they look forward to being able to return to their                                     
    homes and various businesses.  We pray that You would give                                      
    them the strength and commitment to persevere to the end of                                     
    the legislative sessions.                                                                       
                                                                                                    
    Lord, I pray today that we would remember that You are                                          
    concerned about the affairs of man.  Each person here has                                       
    been appointed by You for the positions that they fill.  We                                     
    acknowledge that You are the sovereign Lord of our nation.  I                                   
    pray that You would lead and guide in the decisions to be                                       
    made.  I pray for Your will, and Your direction in these                                        
    proceedings.                                                                                    
                                                                                                    
    And so, Lord, as I conclude our prayer, I just want to thank                                    
    You that You make it possible to commune directly with You.                                     
    In the name of Jesus Christ, Your beloved son, I do lift this                                   
    prayer.  Amen.                                                                                  
                                                                                                    
The Pledge of Allegiance was led by Representative Wilson.                                          
                                                                                                    
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent to                                         
rescind action in approving certification of the journal for the 57th                               
legislative day.  There being no objection, it was so ordered.                                      
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal with the following correction for the 57th legislative day be                               
approved as certified by the Chief Clerk.  There being no objection, it                             
was so ordered.                                                                                     
                                                                                                    
SB 283                                                                                            
Page 2896, Amendment No. 10:                                                                        
 Under Sec. 2, University of Alaska, Statewide Services the                                         
allocation should read: "37,403,900"                                                                
                                                                                                    

2004-03-15                     House Journal                      Page 2947
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 58th, 59th, 60th, 61st, 62nd, and 63rd legislative days                             
be approved as certified by the Chief Clerk.  There being no objection,                             
it was so ordered.                                                                                  
                                                                                                    
                                                                                                    
                            COMMUNICATIONS                                                       
                                                                                                    
The following were received:                                                                        
                                                                                                    
                                                                                                    
Alaska Marine Highway Visitor Profiles                                                              
January 2004                                                                                        
                                                                                                    
Dept. of Health & Social Services                                                                   
Division of Juvenile Justice                                                                        
Alaska Juvenile Justice Advisory Committee                                                          
Report to the Governor, January 2004                                                                
                                                                                                    
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
HB 297                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
    HOUSE BILL NO. 297                                                                              
    "An Act relating to wildfires and other natural disasters."                                     
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  Lynn                                                                                  
                                                                                                    
No recommendation (1):  Gruenberg                                                                   
                                                                                                    
Amend (4):  Seaton, Holm, Berkowitz, Weyhrauch                                                      
                                                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    

2004-03-15                     House Journal                      Page 2948
1.  Zero, Dept. of Corrections                                                                      
2.  Zero, Dept. of Military & Veterans' Affairs                                                     
3.  Zero, Dept. of Natural Resources                                                                
4.  Zero, Dept. of Public Safety                                                                    
5.  Indeterminate, Dept. of Administration                                                          
6.  Indeterminate, Dept. of Law                                                                     
                                                                                                    
The committee recommends an additional referral to the Judiciary                                    
Committee.                                                                                          
                                                                                                    
HB 297 was referred to the Resources Committee.                                                     
                                                                                                    
HB 417                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 417                                                                              
    "An Act amending the definition of 'project' in the Act                                         
    establishing the Alaska Natural Gas Development Authority; and                                  
    providing for an effective date."                                                               
                                                                                                    
The report was signed by Representatives Masek and Dahlstrom, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (4):  Stepovich, Guttenberg, Kerttula, Wolf                                                 
                                                                                                    
No recommendation (2):  Masek, Dahlstrom                                                            
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Indeterminate, Dept. of Revenue                                                                 
                                                                                                    
HB 417 was referred to the Finance Committee.                                                       
                                                                                                    
                                                                                                    
SJR 27                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
    SENATE JOINT RESOLUTION NO. 27                                                                  
    Relating to the resolution of submerged land title disputes.                                    
                                                                                                    

2004-03-15                     House Journal                      Page 2949
The report was signed by Representatives Dahlstrom and Masek, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (5):  Stepovich, Wolf, Guttenberg, Dahlstrom, Masek                                         
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Natural Resources                                                                
                                                                                                    
SJR 27 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
SB 265                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 265(RES)                                                                 
    "An Act relating to the schedule of proposed oil and gas lease                                  
    sales and to a related report to the legislature; and providing for an                          
    effective date."                                                                                
                                                                                                    
The report was signed by Representatives Masek and Dahlstrom, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (5):  Stepovich, Kerttula, Guttenberg, Wolf, Masek                                          
                                                                                                    
No recommendation (1):  Dahlstrom                                                                   
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Natural Resources                                                                
                                                                                                    
CSSB 265(RES) is on today's first supplemental calendar.                                            
                                                                                                    
SB 266                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
    SENATE BILL NO. 266                                                                             
    "An Act approving an interim classification by the commissioner                                 
    of natural resources closing certain land within the area of the                                
    proposed Bristol Bay (Alaska Peninsula) competitive oil and gas                                 

2004-03-15                     House Journal                      Page 2950
    areawide lease sale to oil and gas exploration licensing and                                    
    shallow natural gas leasing; 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):  Stepovich, Wolf, Kerttula, Guttenberg, Masek                                          
                                                                                                    
No recommendation (1):  Dahlstrom                                                                   
                                                                                                    
A Resources Committee letter of intent signed by Representatives                                    
Masek and Dahlstrom, Co-chairs, follows:                                                            
                                                                                                    
"It is the intent of the Legislature that, if the State deems that an                               
Alaska Peninsula Oil and Gas Lease Sale is in the State's best interest                             
and a sale occurs, companies only be allowed to access offshore                                     
prospects from onshore drill sites, utilizing directional drilling                                  
technology."                                                                                        
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Natural Resources                                                                
                                                                                                    
SB 266 is on today's first supplemental calendar.                                                   
                                                                                                    
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
SCR 19                                                                                            
The House Special Committee on Fisheries has considered:                                            
                                                                                                    
    SENATE CONCURRENT RESOLUTION NO. 19                                                             
    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.                                                           
                                                                                                    
The report was signed by Representative Seaton, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    

2004-03-15                     House Journal                      Page 2951
Do pass (4):  Ogg, Wilson, Samuels, Seaton                                                          
                                                                                                    
No recommendation (1):  Guttenberg                                                                  
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1. Zero, Senate Health, Education & Social Services Committee/                                      
Legislative Agency                                                                                  
2.  Zero, Dept. of Fish & Game                                                                      
                                                                                                    
SCR 19 was referred to the Health, Education & Social Services                                      
Committee.                                                                                          
                                                                                                    
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Michael Odell, Winner of the 2003 Hershey's Track and                                    
Field Youth Softball Throw                                                                          
By Representative Ogg                                                                               
                                                                                                    
Honoring - Alice and Reverend Lincoln Snow                                                          
By Senator Davis                                                                                    
                                                                                                    
In Memoriam - Peggy Kelliher                                                                        
By Representative Foster                                                                            
                                                                                                    
In Memoriam - Harold David Bell                                                                     
By Representative Foster                                                                            
                                                                                                    
In Memoriam - Withers V. Tolbert Sr.                                                                
By Representatives Samuels, Moses                                                                   
                                                                                                    
In Memoriam - Sam "Specks" Paul                                                                     
By Senator Elton; Representatives Kerttula, Weyhrauch                                               
                                                                                                    
                                                                                                    

2004-03-15                     House Journal                      Page 2952
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                            OF HOUSE BILLS                                                       
                                                                                                    
HB 536                                                                                            
HOUSE BILL NO. 536 by the House Rules Committee by request of                                       
the House Special Committee on Economic Development,                                                
International Trade, and Tourism, entitled:                                                         
                                                                                                    
    "An Act relating to applications for permanent fund dividends by                                
    certain individuals serving in the armed forces; and providing for                              
    an effective date."                                                                             
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Military & Veterans' Affairs and the State Affairs Committee.                                       
                                                                                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 341                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 341                                                                              
     "An Act relating to the dive fishery management assessment."                                  
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 FSH RPT 6DP 1NR                                                  2482                              
 FN1: ZERO(REV)                                                   2482                              
 RES RPT 8DP 1DNP                                                 2737                              
 FN1: ZERO(REV)                                                   2738                              
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
HB 341 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
HB 341 was read the third time.                                                                     
                                                                                                    

2004-03-15                     House Journal                      Page 2953
Representative Weyhrauch moved and asked unanimous consent that                                     
he be allowed to abstain from voting because of a conflict of interest.                             
Objection was heard, and Representative Weyhrauch was required to                                   
vote.                                                                                               
                                                                                                    
                                                                                                    
The question being:  "Shall HB 341 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HB 341                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  31   NAYS:  1   EXCUSED:  5   ABSENT:  3                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Cissna, Coghill, Crawford, Dahlstrom,                                    
Fate, Foster, Gara, Gruenberg, Guttenberg, Harris, Hawker, Holm,                                    
Kapsner, Kerttula, Kookesh, Kott, Masek, McGuire, Meyer, Morgan,                                    
Ogg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                      
Wilson, Wolf                                                                                        
                                                                                                    
Nays:  Kohring                                                                                      
                                                                                                    
Excused:  Berkowitz, Joule, Lynn, Moses, Rokeberg                                                   
                                                                                                    
Absent:  Croft, Gatto, Heinze                                                                       
                                                                                                    
And so, HB 341 passed the House and was referred to the Chief Clerk                                 
for engrossment.                                                                                    
                                                                                                    
                                                                                                    
The Speaker stated that, without objection, the House would recess to                               
a call of the Chair; and so, the House recessed at 2:25 p.m.                                        
                                                                                                    
                                                                                                    
                             AFTER RECESS                                                        
                                                                                                    
The Speaker called the House back to order at 3:14 p.m.                                             
                                                                                                    
                                                                                                    
**The presence of Representatives Croft, Gatto, and Rokeberg was                                    
noted.                                                                                              
                                                                                                    

2004-03-15                     House Journal                      Page 2954
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HB 297                                                                                            
The Speaker added a Finance Committee referral to follow the                                        
Resources Committee referral for the following:                                                     
                                                                                                    
    HOUSE BILL NO. 297                                                                              
    "An Act relating to wildfires and other natural disasters."                                     
                                                                                                    
HB 297 is in the Resources Committee.                                                               
                                                                                                    
                                                                                                    
                CONSIDERATION OF THE FIRST SUPPLEMENTAL                                          
                               CALENDAR                                                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adopt the First Supplemental Calendar.  There being no                                        
objection, the following was adopted:                                                               
                                                                                                    
SB 265 OIL & GAS LEASE SALE SCHEDULE/NOTIFICATION                                                   
SB 266 BRISTOL BAY OIL & GAS LEASE SALE CLOSURE                                                     
                                                                                                    
                                                                                                    
                    SECOND READING OF SENATE BILLS                                               
                                                                                                    
SB 265                                                                                            
The following was read the second time:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 265(RES)                                                                 
    "An Act relating to the schedule of proposed oil and gas lease                                  
    sales and to a related report to the legislature; and providing for an                          
    effective date."                                                                                
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 O&G RPT 5DP                                                      2936                              
 FN1: ZERO(DNR)                                                   2936                              
 RES RPT 5DP 1NR                                                  2949                              
 FN1: ZERO(DNR)                                                   2949                              
                                                                                                    

2004-03-15                     House Journal                      Page 2955
Representative Coghill moved and asked unanimous consent that                                       
CSSB 265(RES) be considered engrossed, advanced to third reading,                                   
and placed on final passage.                                                                        
                                                                                                    
Representative Kerttula objected.                                                                   
                                                                                                    
CSSB 265(RES) will advance to third reading on tomorrow's calendar.                                 
                                                                                                    
SB 266                                                                                            
The following was read the second time:                                                             
                                                                                                    
    SENATE BILL NO. 266                                                                             
    "An Act approving an interim classification by the commissioner                                 
    of natural resources closing certain land within the area of the                                
    proposed Bristol Bay (Alaska Peninsula) competitive oil and gas                                 
    areawide lease sale to oil and gas exploration licensing and                                    
    shallow natural gas leasing; and providing for an effective date."                              
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 O&G RPT 1DP 3NR 1AM                                              2937                              
 FN1: ZERO(DNR)                                                   2937                              
 RES RPT 5DP 1NR                                                  2949                              
 LETTER OF INTENT WITH H. RES REPORT                              2950                              
 FN1: ZERO(DNR)                                                   2950                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
SB 266 be considered engrossed, advanced to third reading, and                                      
placed on final passage.                                                                            
                                                                                                    
Representative Kerttula objected.                                                                   
                                                                                                    
SB 266 will advance to third reading on tomorrow's calendar.                                        
                                                                                                    
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following members be excused from a call of the House.  There being                                 
no objection, the members were excused as noted:                                                    
                                                                                                    

2004-03-15                     House Journal                      Page 2956
Representative Morgan - from 5:00 p.m., March 15 to 10:00 a.m.,                                     
plane time, March 18, 2004                                                                          
                                                                                                    
Representative Stepovich - from 7:00 p.m., March 18 to 10:00 a.m.,                                  
plane time, March 22, 2004                                                                          
                                                                                                    
                                                                                                    
HB 194                                                                                            
Representative Kohring removed his name as cosponsor to:                                            
                                                                                                    
    CS FOR HOUSE BILL NO. 194(L&C)                                                                  
    "An Act creating a tax credit under the Alaska Net Income Tax                                   
    Act for contributions to regional development organizations; and                                
    providing for an effective date."                                                               
                                                                                                    
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HB 341                                                                                            
HB 341 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.                                 
                                                                                                    
The following meeting today has been changed as indicated:                                          
                                                                                                    
Labor & Commerce Committee                                                                          
CHANGED TO:                                             3:30 p.m., 3/15                             
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., March 16, 2004.  There being no                                     
objection, the House adjourned at 3:22 p.m.                                                         
                                                                                                    
                                           Suzi Lowell                                              
                                           Chief Clerk