Legislature(2003 - 2004)

2004-03-22 House Journal

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2004-03-22                     House Journal                      Page 3013
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
               TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                        
                                                                                                    
Juneau, Alaska                   Monday                March 22, 2004                             
                                                                                                    
                           Seventy-first Day                                                   
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 11:10 a.m.                                                                                  
                                                                                                    
                                                                                                    
Roll call showed 31 members present.  Representatives Anderson,                                     
Croft, Guttenberg, Kohring, Rokeberg, Stepovich, and Williams were                                  
absent and their presence was noted later.  Representatives Heinze and                              
Kapsner were absent and later excused.                                                              
                                                                                                    
                                                                                                    
The invocation was offered by the Chaplain, the Reverend Kathleen                                   
Wakefield of Church of the Holy Trinity.  Representative Coghill                                    
moved and asked unanimous consent that the invocation be spread on                                  
the journal.  There being no objection, it was so ordered.                                          
                                                                                                    
    Even though it doesn't seem like it today, this weekend we                                      
    celebrated the Spring Equinox and we even had a taste of                                        
    spring.  So today we give thanks for spring and the new                                         
    energy and new life it brings, in this prayer written by the                                    
    author and activist W.E.B. Du Bois:                                                             
                                                                                                    
    "Lord of the springtime, Father of flower, field, and fruit,                                    
    smile on us in these earnest days when the work is heavy and                                    
    the toil wearisome; lift up our hearts, O God, to the things                                    
    worthwhile - sunshine and night, the dripping rain, the song of                                 
    the birds, books and music, and the voices of our friends.  Lift                                
    up our hearts to these this day and grant us Thy peace."                                        
    Amen.                                                                                           
                                                                                                    

2004-03-22                     House Journal                      Page 3014
The Pledge of Allegiance was led by Representative Kookesh.                                         
                                                                                                    
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 67th, 68th, 69th, and 70th legislative days be approved                             
as certified by the Chief Clerk.  There being no objection, it was so                               
ordered.                                                                                            
                                                                                                    
                               * * * * *                                                           
                                                                                                    
Representative Kerttula introduced Megan Bush and Mikaela                                           
Rodriguez, Guest Pages, from Juneau.                                                                
                                                                                                    
                                                                                                    
                       MESSAGES FROM THE GOVERNOR                                                
                                                                                                    
SB 265                                                                                            
A message dated March 17, 2004, was read stating the Governor has                                   
signed the following bill and is transmitting the engrossed and enrolled                            
copies to the Lieutenant Governor's office for permanent filing:                                    
                                                                                                    
    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."                                                                                
                                                                                                    
    Chapter No. 8, SLA 2004                                                                         
    Effective Date:  March 18, 2004                                                                 
                                                                                                    
SB 266                                                                                            
A message dated March 17, 2004, was read stating the Governor has                                   
signed the following bill and is transmitting the engrossed and enrolled                            
copies to the Lieutenant Governor's office for permanent filing:                                    
                                                                                                    
    SENATE BILL NO. 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                                 

2004-03-22                     House Journal                      Page 3015
    areawide lease sale to oil and gas exploration licensing and                                    
    shallow natural gas leasing; and providing for an effective date."                              
                                                                                                    
    Chapter No. 9, SLA 2004                                                                         
    Effective Date:  March 18, 2004                                                                 
                                                                                                    
                        MESSAGES FROM THE SENATE                                                 
                                                                                                    
A message dated March 19, 2004, was read stating the Senate has                                     
passed the following and they are transmitted for consideration:                                    
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                         OF SENATE RESOLUTIONS                                                   
                                                                                                    
SJR 14                                                                                            
SENATE JOINT RESOLUTION NO. 14 by Senators Olson and Ellis:                                         
                                                                                                    
    Requesting the Federal Aviation Administration to fully staff and                               
    maintain flight service stations in Alaska.                                                     
                                                                                                    
was read the first time and referred to the Transportation and                                      
Community & Regional Affairs Committees.                                                            
                                                                                                    
**The presence of Representatives Croft, Stepovich, Anderson,                                       
Guttenberg, and Rokeberg was noted.                                                                 
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                            OF SENATE BILLS                                                      
                                                                                                    
SB 316                                                                                            
SENATE BILL NO. 316 by Senator Bunde, entitled:                                                     
                                                                                                    
    "An Act relating to motor vehicle safety belt violations."                                      
                                                                                                    
was read the first time and referred to the Transportation and Judiciary                            
Committees.                                                                                         
                                                                                                    
SB 327                                                                                            
CS FOR SENATE BILL NO. 327(STA) by the Senate State Affairs                                         
Committee, entitled:                                                                                
                                                                                                    

2004-03-22                     House Journal                      Page 3016
    "An Act relating to pedestrians using rollerblades, roller skates,                              
    and rollerskis."                                                                                
                                                                                                    
was read the first time and referred to the Transportation and State                                
Affairs Committees.                                                                                 
                                                                                                    
**The presence of Representative Williams was noted.                                                
                                                                                                    
                             COMMUNICATIONS                                                      
                                                                                                    
The following were received:                                                                        
                                                                                                    
Alaska Court System                                                                                 
Travel for Justices, Judges, and Magistrates                                                        
& Affidavit Information, 2003                                                                       
(as required by AS 22.20.310)                                                                       
                                                                                                    
Alaska Court System                                                                                 
2003 Time-To-Disposition Reports                                                                    
Volumes 1, 2, 3A, 3B, 4 - 6                                                                         
(as required by AS 22.20.310)                                                                       
                                                                                                    
Dept. of Fish & Game                                                                                
Status of Brown Bears and Other Natural                                                             
Resources in the McNeil River State Game                                                            
Sanctuary and Refuge in 2003                                                                        
(as required by AS 16.20.041)                                                                       
                                                                                                    
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
HB 351                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 351                                                                              
    "An Act relating to the devices, including carbon monoxide                                      
    detection devices, required in dwellings; and providing for an                                  
    effective date."                                                                                
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    

2004-03-22                     House Journal                      Page 3017
    CS FOR HOUSE BILL NO. 351(JUD)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Gara, Samuels, Gruenberg, McGuire                                                     
                                                                                                    
The following fiscal note(s) apply to CSHB 351(JUD):                                                
                                                                                                    
1. Zero, House Labor & Commerce Committee/Dept. of Health &                                         
Social Services                                                                                     
2.  Zero, Dept. of Law                                                                              
3.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
HB 351 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 353                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
    HOUSE BILL NO. 353                                                                              
    "An Act relating to jury duty; and amending Rule 15(k), Alaska                                  
    Rules of Administration."                                                                       
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 353(HES)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Wilson, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Kapsner, Gatto, Cissna, Wilson                                                        
                                                                                                    
No recommendation (2):  Coghill, Wolf                                                               
                                                                                                    
The following fiscal note(s) apply to CSHB 353(HES):                                                
                                                                                                    
1.  Zero, Alaska Court System                                                                       

2004-03-22                     House Journal                      Page 3018
2.  Zero, Dept. of Education & Early Development                                                    
                                                                                                    
HB 353 was referred to the Judiciary Committee.                                                     
                                                                                                    
                                                                                                    
HB 402                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    HOUSE BILL NO. 402                                                                              
    "An Act relating to fees for the inspection of recreational devices,                            
    for certificates of fitness for electrical wiring and plumbing, for                             
    filing voluntary flexible work hour plans, and for licenses for                                 
    boiler operators; and providing for an effective date."                                         
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 402(L&C)                                                                  
    "An Act relating to fees for the inspection of recreational devices,                            
    including instructional devices, for certificates of fitness for                                
    electrical wiring and plumbing, and for licenses for boiler                                     
    operators; relating to the building safety account; and providing                               
    for an effective date."                                                                         
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Crawford, Lynn, Gatto, Anderson                                                       
                                                                                                    
No recommendation (2):  Rokeberg, Dahlstrom                                                         
                                                                                                    
The following fiscal note(s) apply to CSHB 402(L&C):                                                
                                                                                                    
1.  Fiscal, Dept. of Labor & Workforce Development                                                  
2.  Fiscal, Dept. of Labor & Workforce Development                                                  
                                                                                                    
HB 402 was referred to the Finance Committee.                                                       
                                                                                                    
HB 447                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    

2004-03-22                     House Journal                      Page 3019
    HOUSE BILL NO. 447                                                                              
    "An Act making corrective amendments to the Alaska Statutes as                                  
    recommended by the revisor of statutes; and providing for an                                    
    effective date."                                                                                
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 447(JUD)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Anderson, Gruenberg, Samuels, Gara, McGuire                                           
                                                                                                    
The following fiscal note(s) apply to CSHB 447(JUD):                                                
                                                                                                    
1.  Zero, Legislative Agency                                                                        
                                                                                                    
HB 447 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 452                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    HOUSE BILL NO. 452                                                                              
    "An Act relating to licensing and regulation of sport fishing                                   
    services operators and fishing guides; and providing for an                                     
    effective date."                                                                                
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 452(L&C)                                                                  
    "An Act relating to licensing and regulation of sport fishing                                   
    operators and sport fishing guides; authorizing the Department of                               
    Fish and Game and the Alaska Commercial Fisheries Entry                                         
    Commission to release records and reports to the Department of                                  
    Natural Resources; and providing for an effective date."                                        
                                                                                                    

2004-03-22                     House Journal                      Page 3020
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  Lynn                                                                                  
                                                                                                    
No recommendation (3):  Crawford, Gatto, Anderson                                                   
                                                                                                    
Amend (1):  Rokeberg                                                                                
                                                                                                    
The following fiscal note(s) apply to CSHB 452(L&C):                                                
                                                                                                    
1.  Zero, Dept. of Public Safety                                                                    
2.  Fiscal, Dept. of Fish & Game                                                                    
                                                                                                    
HB 452 was referred to the Judiciary Committee.                                                     
                                                                                                    
                                                                                                    
SB 203                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 203(FIN) am                                                              
    "An Act relating to administrative hearings, to hearing officers,                               
    and to administrative law judges; establishing the office of                                    
    administrative hearings and relating to that office; and providing                              
    for an effective date."                                                                         
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 203(JUD)                                                    
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Anderson, Samuels, Gara, Gruenberg, McGuire                                           
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 203(JUD):                                            
                                                                                                    
6.  Fiscal, Dept. of Administration                                                                 
7.  Fiscal, Dept. of Administration                                                                 

2004-03-22                     House Journal                      Page 3021
8.    Zero, Dept. of Labor & Workforce Development                                                  
9.    Fiscal, Dept. of Public Safety                                                                
10.  Zero, Dept. of Health & Social Services                                                        
11.  Fiscal, Office of the Governor                                                                 
12.  Indeterminate, Dept. of Community & Economic Development                                       
13.  Zero, Dept. of Education & Early Development                                                   
14.  Indeterminate, Dept. of Environmental Conservation                                             
15.  Fiscal, Dept. of Community & Economic Development                                              
17.  Indeterminate, Dept. of Law                                                                    
18.  Indeterminate, Dept. of Education & Early Development                                          
19.  Fiscal, Dept. of Revenue                                                                       
20.  Fiscal, Dept. of Revenue                                                                       
21.  Zero, Dept. of Community & Economic Development                                                
                                                                                                    
CSSB 203(FIN) am was referred to the Finance Committee.                                             
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
HB 333                                                                                            
The House Special Committee on Education has considered:                                            
                                                                                                    
    HOUSE BILL NO. 333                                                                              
    "An Act relating to an endowment for public education; and                                      
    providing for an effective date."                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 333(EDU)                                                                  
    "An Act relating to an endowment for public education and the                                   
    University of Alaska; relating to university land; establishing a                               
    trust fund for public education; and providing for an effective                                 
    date."                                                                                          
                                                                                                    
The report was signed by Representative Gatto, Chair, with the                                      
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Ogg, Wilson, Gatto                                                                    
                                                                                                    
No recommendation (4):  Seaton, Gara, Wolf, Kapsner                                                 
                                                                                                    

2004-03-22                     House Journal                      Page 3022
The following fiscal note(s) apply to CSHB 333(EDU):                                                
                                                                                                    
1.  Fiscal, Dept. of Education & Early Development                                                  
2.  Fiscal, Dept. of Natural Resources                                                              
3.  Fiscal, Dept. of Revenue                                                                        
4.  Fiscal, University of Alaska                                                                    
                                                                                                    
HB 333 was referred to the Health, Education & Social Services                                      
Committee.                                                                                          
                                                                                                    
HB 440                                                                                            
The House Special Committee on Military & Veterans' Affairs has                                     
considered:                                                                                         
                                                                                                    
    HOUSE BILL NO. 440                                                                              
    "An Act relating to the Alaska Pioneers' Home, and the Alaska                                   
    Veterans' Home; relating to eligibility for admission to the Alaska                             
    Pioneers' Home and Alaska Veterans' Home; relating to state                                     
    veterans' home facilities; making conforming amendments; and                                    
    providing for an effective date."                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 440(MLV)                                                                  
    "An Act relating to the Alaska Pioneers' Home and the Alaska                                    
    Veterans' Home; relating to eligibility for admission to the Alaska                             
    Pioneers' Home and Alaska Veterans' Home; relating to the                                       
    eligibility of residents for the Alaska Pioneers' Home and the                                  
    Alaska Veterans' Home for general relief assistance; relating to                                
    state veterans' home facilities; making conforming amendments;                                  
    and providing for an effective date."                                                           
                                                                                                    
The report was signed by Representative Stepovich, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Weyhrauch, Cissna, Masek, Dahlstrom, Gruenberg,                                       
Stepovich                                                                                           
                                                                                                    
Amend (1):  Lynn                                                                                    
                                                                                                    

2004-03-22                     House Journal                      Page 3023
The following fiscal note(s) apply to CSHB 440(MLV):                                                
                                                                                                    
1.  Fiscal, Dept. of Health & Social Services                                                       
                                                                                                    
HB 440 was referred to the Health, Education & Social Services                                      
Committee.                                                                                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representatives Heinze and Kapsner be excused from a call of the                                    
House for a Select Committee on Legislative Ethics meeting today.                                   
There being no objection, it was so ordered.  The presence of                                       
Representative Heinze was noted later.                                                              
                                                                                                    
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Linda Boisseau                                                                           
By Representatives Fate, Stepovich, Holm                                                            
                                                                                                    
Honoring - Arthur and Nancy Skonberg on Their Golden Wedding                                        
Anniversary                                                                                         
By Representative Ogg                                                                               
                                                                                                    
The following citation was introduced and taken up later as a Special                               
Order of Business:                                                                                  
                                                                                                    
In Memoriam - In Recognition of the Life of Captain Jonathan P.                                     
Scheer "Cosmo"                                                                                      
By Senator Wilken                                                                                   
                                                                                                    
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                             OF HOUSE BILLS                                                      
                                                                                                    
HB 540                                                                                            
HOUSE BILL NO. 540 by the House Labor & Commerce Committee,                                         
entitled:                                                                                           
                                                                                                    

2004-03-22                     House Journal                      Page 3024
    "An Act relating to workers' compensation insurance rates; and                                  
    providing for an effective date."                                                               
                                                                                                    
was read the first time and referred to the Labor & Commerce                                        
Committee.                                                                                          
                                                                                                    
**The presence of Representative Heinze was noted.                                                  
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 451                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 451                                                                              
    "An Act relating to therapeutic courts; and providing for an                                    
    effective date."                                                                                
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 JUD RPT 7DP                                                       2808                             
 FN1: ZERO(ADM)                                                    2808                             
 FN2: ZERO(COR)                                                    2808                             
 FN3: ZERO(HSS)                                                    2808                             
 FN4: ZERO(LAW)                                                    2808                             
 FN5: (CRT)                                                        2808                             
 FIN RPT 7DP 1NR                                                   2934                             
 FN1: ZERO(ADM)                                                    2935                             
 FN2: ZERO(COR)                                                    2935                             
 FN3: ZERO(HSS)                                                    2935                             
 FN4: ZERO(LAW)                                                    2935                             
 FN6: (CRT)                                                        2935                             
                                                                                                    
**The presence of Representative Kohring was noted.                                                 
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
HB 451 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    

2004-03-22                     House Journal                      Page 3025
HB 451 was read the third time.                                                                     
                                                                                                    
The question being:  "Shall HB 451 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HB 451                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  1   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kerttula, Kohring, Kookesh,                                    
Kott, Lynn, Masek, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                   
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
Absent:  McGuire, Moses                                                                             
                                                                                                    
And so, HB 451 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.                                
                                                                                                    
HB 451 was referred to the Chief Clerk for engrossment.                                             
                                                                                                    
HB 478                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 478                                                                              
    "An Act relating to the issuance of commercial fishing interim-use                              
    permits; and providing for an effective date."                                                  
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 FSH RPT CS(FSH) 5DP 2NR                                           2812                             
 FN1: ZERO(DFG)                                                    2812                             
 RES RPT 5DP 2NR                                                   2893                             
 FN1: ZERO(DFG)                                                    2893                             
                                                                                                    

2004-03-22                     House Journal                      Page 3026
Representative Coghill moved and asked unanimous consent that                                       
HB 478 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
HB 478 was read the third time.                                                                     
                                                                                                    
                                                                                                    
The question being:  "Shall HB 478 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HB 478                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kerttula, Kohring, Kookesh,                                    
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                    
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson                                    
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
Absent:  Wolf                                                                                       
                                                                                                    
And so, HB 478 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.                                
                                                                                                    
HB 478 was referred to the Chief Clerk for engrossment.                                             
                                                                                                    
                                                                                                    
                      THIRD READING OF HOUSE BILLS                                               
                                                                                                    
HB 529                                                                                            
The Speaker stated that, without objection, the following, which was                                
advanced to third reading from the March 18, 2004, calendar (page                                   
3000), would be returned to the Rules Committee:                                                    
                                                                                                    

2004-03-22                     House Journal                      Page 3027
    HOUSE BILL NO. 529                                                                              
    "An Act relating to the performance of railroad track construction                              
    work for the Department of Transportation and Public Facilities                                 
    by the Alaska Railroad Corporation."                                                            
                                                                                                    
                                                                                                    
                  SECOND READING OF HOUSE RESOLUTIONS                                            
                                                                                                    
HCR 25                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 25                                                              
      Relating to Alaska Wild Salmon Week, June 28 - July 4, 2004.                                 
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 FSH RPT 5DP 1AM                                                   2481                             
 FN1: ZERO(DFG)                                                    2481                             
 RES RPT CS(RES) 7DP                                               2561                             
 FN1: ZERO(DFG)                                                    2562                             
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original                                   
resolution:                                                                                         
                                                                                                    
    CS FOR HOUSE CONCURRENT RESOLUTION NO. 25(RES)                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
The question being:  "Shall CSHCR 25(RES) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHCR 25(RES)                                                                                       
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    

2004-03-22                     House Journal                      Page 3028
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kerttula, Kohring, Kookesh,                                    
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                    
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
And so, CSHCR 25(RES) passed the House and was referred to the                                      
Chief Clerk for engrossment.                                                                        
                                                                                                    
                                                                                                    
HCR 29                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 29                                                              
    Relating to support for therapeutic courts for repeat driving while                             
    under the influence offenders.                                                                  
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 JUD RPT 6DP 1NR                                                   2803                             
 FN1: ZERO(CRT)                                                    2803                             
                                                                                                    
                                                                                                    
Amendment No. 1 was offered by Representatives Heinze and                                           
Berkowitz:                                                                                          
                                                                                                    
                                                                                                    
Page 1, line 14, following "offices":                                                               
 Delete "and"                                                                                       
    Insert ","                                                                                      
                                                                                                    
Page 1, line 14, following "Agency":                                                                
 Insert ", and the Department of Corrections, division of probation                                 
and parole,"                                                                                        
                                                                                                    
Page 2, line 2, following "Law":                                                                    
 Delete "and"                                                                                       
 Insert ","                                                                                         
                                                                                                    

2004-03-22                     House Journal                      Page 3029
Page 2, line 2, following "Agency":                                                                 
 Insert ", and the Department of Corrections, division of probation                                 
and parole,"                                                                                        
                                                                                                    
Page 2, line 8:                                                                                     
 Delete "and to"                                                                                    
                                                                                                    
Page 2, line 9, following "System":                                                                 
 Insert "; the Honorable Barb Brink, Public Defender; and the                                       
Honorable Marc Antrim, Commissioner, Department of Corrections"                                     
                                                                                                    
Representative Heinze moved and asked unanimous consent that                                        
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
Amendment to Amendment No. 1 was offered by Representative                                          
Gruenberg:                                                                                          
                                                                                                    
Under Page 2, line 9:                                                                               
 Delete "Barb"                                                                                      
 Insert "Barbara"                                                                                   
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment to Amendment No. 1 be adopted.  There being no                                            
objection, it was so ordered.                                                                       
                                                                                                    
Representative Croft moved the previous question.                                                   
                                                                                                    
The question being:  "Shall Amendment No. 1 as amended be                                           
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
HCR 29                                                                                              
Second Reading                                                                                      
Amendment No. 1 as amended                                                                          
                                                                                                    
YEAS:  25   NAYS:  14   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara,                                
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule,                                        
Kerttula, Kookesh, Kott, Lynn, McGuire, Meyer, Morgan, Moses,                                       
Ogg, Seaton, Williams                                                                               
                                                                                                    

2004-03-22                     House Journal                      Page 3030
Nays:  Anderson, Chenault, Fate, Foster, Holm, Kohring, Masek,                                      
Rokeberg, Samuels, Stepovich, Stoltze, Weyhrauch, Wilson, Wolf                                      
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
And so, Amendment No. 1 as amended was adopted.                                                     
                                                                                                    
The question being:  "Shall HCR 29 am pass the House?"  The roll                                    
was taken with the following result:                                                                
                                                                                                    
HCR 29 am                                                                                           
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kerttula, Kohring, Kookesh,                                    
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                    
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
And so, HCR 29 am passed the House and was referred to the Chief                                    
Clerk for engrossment.                                                                              
                                                                                                    
                                                                                                    
                         LEGISLATIVE CITATIONS                                                   
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citations on the calendar.  There being no                                        
objection, the following citations were approved and sent to enrolling:                             
                                                                                                    
Commemorating - Law Enforcement Memorial Day, May 7, 2004                                           
By Representatives Kott, Anderson, Berkowitz, Chenault, Cissna,                                     
Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg,                                  
Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula,                                 
Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Ogg,                                         
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    

2004-03-22                     House Journal                      Page 3031
Honoring - Prudential Spirit of Community Award, Courtney Davison                                   
By Representatives Rokeberg, Kott, Anderson, Berkowitz, Chenault,                                   
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto,                                     
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer,                                   
Morgan, Ogg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch,                                        
Williams, Wilson, Wolf                                                                              
                                                                                                    
Honoring - Lathrop High School Academic Decathlon State                                             
Champions                                                                                           
By Representatives Holm, Kott, Anderson, Berkowitz, Chenault,                                       
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto,                                     
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner,                                      
Kerttula, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                    
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Honoring - Justin Nusunginya                                                                        
By Representatives Wolf, Kott, Anderson, Berkowitz, Chenault,                                       
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto,                                     
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kerttula, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg,                                     
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson                                                                                              
                                                                                                    
Honoring - Bryan Nusunginya                                                                         
By Representatives Wolf, Kott, Anderson, Berkowitz, Chenault,                                       
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto,                                     
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kerttula, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg,                                     
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson                                                                                              
                                                                                                    
Honoring - Dillingham Girls Volleyball Team                                                         
By Senator Hoffman; Representatives Kapsner, Kott, Anderson,                                        
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze,                                   
Holm, Joule, Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire,                                      
Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich,                                    
Stoltze, Weyhrauch, Williams, Wilson, Wolf                                                          
                                                                                                    

2004-03-22                     House Journal                      Page 3032
Honoring - Women in History Month                                                                   
By Senator Davis; Representatives Kott, Anderson, Berkowitz,                                        
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara,                                  
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                  
Kapsner, Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer,                                   
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Honoring - Walter C. Monegan                                                                        
By Senator Hoffman; Representatives Kapsner, Kott, Anderson,                                        
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze,                                   
Holm, Joule, Kerttula, Kookesh, Masek, McGuire, Meyer, Morgan,                                      
Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                          
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
In Memoriam - Robert O. "Bob" Bowen                                                                 
By Representatives Berkowitz, Kott, Anderson, Chenault, Cissna,                                     
Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto,                                     
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kerttula, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg,                                     
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    
In Memoriam - Gladys Humphries                                                                      
By Senator Davis; Representatives Kott, Anderson, Berkowitz,                                        
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster,                                
Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm,                                   
Joule, Kapsner, Kerttula, Kookesh, Masek, McGuire, Meyer, Morgan,                                   
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch,                                      
Williams, Wilson, Wolf                                                                              
                                                                                                    
In Memoriam - Omari Russell, Sr.                                                                    
By Senator Davis; Representatives Kott, Anderson, Berkowitz,                                        
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster,                                
Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm,                                   
Joule, Kapsner, Kerttula, Kookesh, Masek, McGuire, Meyer, Morgan,                                   
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch,                                      
Williams, Wilson, Wolf                                                                              
                                                                                                    

2004-03-22                     House Journal                      Page 3033
In Memoriam - Charles Stevens                                                                       
By Senator Davis; Representatives Kott, Anderson, Berkowitz,                                        
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster,                                
Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm,                                   
Joule, Kapsner, Kerttula, Kookesh, Masek, McGuire, Meyer, Morgan,                                   
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch,                                      
Williams, Wilson, Wolf                                                                              
                                                                                                    
                                                                                                    
In Memoriam - Carl Jerry David                                                                      
By Senator Hoffman; Representatives Kapsner, Kott, Anderson,                                        
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker,                                   
Heinze, Holm, Joule, Kerttula, Kookesh, Masek, McGuire, Meyer,                                      
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
                                                                                                    
                       SPECIAL ORDER OF BUSINESS                                                 
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
notice and publication requirements be waived and the citation, In                                  
Memoriam - In Recognition of the Life of Captain Jonathan P. Scheer                                 
"Cosmo", be taken up as a Special Order of Business at this time.                                   
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citation.  There being no objection, the following                                
citation was approved and sent to enrolling:                                                        
                                                                                                    
In Memoriam - In Recognition of the Life of Captain Jonathan P.                                     
Scheer "Cosmo"                                                                                      
By Senator Wilken; Representatives Kott, Anderson, Berkowitz,                                       
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster,                                
Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm,                                   
Joule, Kerttula, Kohring, Lynn, Masek, McGuire, Meyer, Morgan,                                      
Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                          
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    

2004-03-22                     House Journal                      Page 3034
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HB 395                                                                                            
The House Special Committee on Oil & Gas has submitted the                                          
forthcoming fiscal note to accompany their report (page 2936):                                      
                                                                                                    
1.  Fiscal, Dept. of Natural Resources                                                              
                                                                                                    
for the following:                                                                                  
                                                                                                    
    CS FOR HOUSE BILL NO. 395(O&G)                                                                  
    "An Act relating to the recovery of shallow natural gas and the                                 
    regulation of shallow natural gas operations; and providing for an                              
    effective date."                                                                                
                                                                                                    
HB 395 is in the Resources Committee.                                                               
                                                                                                    
                                                                                                    
HCR 25                                                                                            
Representatives Chenault, Gara, Lynn, Seaton, and Dahlstrom added                                   
their names as cosponsors to:                                                                       
                                                                                                    
    CS FOR HOUSE CONCURRENT RESOLUTION NO. 25(RES)                                                  
      Relating to Alaska Wild Salmon Week, June 28 - July 4, 2004.                                 
                                                                                                    
                                                                                                    
HCR 29                                                                                            
Representatives Gruenberg, Rokeberg, Seaton, and Lynn added their                                   
names as cosponsors to:                                                                             
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 29 am                                                           
    Relating to support for therapeutic courts for repeat driving while                             
    under the influence offenders.                                                                  
                                                                                                    
SB 179                                                                                            
Representative Gatto added his name as cross sponsor to:                                            
                                                                                                    
    CS FOR SENATE BILL NO. 179(FIN)                                                                 
    "An Act relating to criminal history records and background                                     
    checks; allowing persons to teach in the public schools for up to                               

2004-03-22                     House Journal                      Page 3035
    five months without a teaching certificate if the person has applied                            
    for a certificate and the application has not been acted upon by the                            
    Department of Education and Early Development due to a delay in                                 
    receiving criminal history records; allowing teacher certification                              
    for certain persons based on a criminal history background check                                
    without fingerprints; and providing for an effective date."                                     
                                                                                                    
SB 327                                                                                            
Representative Guttenberg added his name as cross sponsor to:                                       
                                                                                                    
    CS FOR SENATE BILL NO. 327(STA)                                                                 
    "An Act relating to pedestrians using rollerblades, roller skates,                              
    and rollerskis."                                                                                
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HCR 25                                                                                            
CSHCR 25(RES) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HCR 29                                                                                            
HCR 29 am was engrossed, signed by the Speaker and Chief Clerk                                      
and transmitted to the Senate for consideration.                                                    
                                                                                                    
HB 451                                                                                            
HB 451 was engrossed, signed by the Speaker and Chief Clerk and                                     
transmitted to the Senate for consideration.                                                        
                                                                                                    
HB 478                                                                                            
HB 478 was engrossed, signed by the Speaker and Chief Clerk and                                     
transmitted to the Senate for consideration.                                                        
                                                                                                    
                                                                                                    
                               ENROLLMENT                                                        
                                                                                                    
HCR 33                                                                                            
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 10:58 a.m.,                                
March 22, 2004:                                                                                     
                                                                                                    

2004-03-22                     House Journal                      Page 3036
    HOUSE CONCURRENT RESOLUTION NO. 33                                                              
    Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                  
    the Alaska State Legislature, concerning Senate Bill No. 63,                                    
    relating to municipal property taxation in annexed, detached, and                               
    newly incorporated areas.                                                                       
                                                                                                    
HB 98                                                                                             
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 10:58 a.m.,                                
March 22, 2004:                                                                                     
                                                                                                    
    HOUSE BILL NO. 98                                                                               
    "An Act relating to sport fishing seasons and areas for persons                                 
    under 16 years of age."                                                                         
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., March 24, 2004.  There being no                                     
objection, the House adjourned at 12:20 p.m.                                                        
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk