Legislature(2003 - 2004)

2004-04-06 House Journal

Full Journal pdf

2004-04-06                     House Journal                      Page 3219
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
               TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                        
                                                                                                    
Juneau, Alaska                   Tuesday                  April 6, 2004                           
                                                                                                    
                            Eighty-sixth Day                                                   
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 10:19 a.m.                                                                                  
                                                                                                    
Roll call showed 33 members present.  Representatives Berkowitz,                                    
Crawford, Guttenberg, Heinze, Kerttula, Stepovich, and Weyhrauch                                    
were absent and their presence was noted later.                                                     
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Kookesh be excused from a call of the House from                                     
noon, today to 6:00 p.m., plane time, April 7, 2004 (amended from                                   
page 3212).  There being no objection, it was so ordered.                                           
                                                                                                    
The invocation was offered by the Chaplain, Pastor David Swofford of                                
First Church of God.  Representative McGuire moved and asked                                        
unanimous consent that the invocation be spread on the journal.  There                              
being no objection, it was so ordered.                                                              
                                                                                                    
    Let us pray,                                                                                    
                                                                                                    
    Father, thank You for another day to live.  I ask that You                                      
    would help the Legislature to do great things for the good of                                   
    the state.  Bless these men and women and their families.                                       
    Thank You for appointing them in the position of leadership                                     
    in this state.  I ask that You would help them to enjoy what                                    
    they do.  Give them the strength to complete what is needed to                                  
    be done.                                                                                        
                                                                                                    
    Father, I ask that today You would bless all those that work in                                 
    education throughout the state.  Thank You for those teachers                                   

2004-04-06                     House Journal                      Page 3220
        that work hard in their classrooms.  In areas where good                                   
       teachers and staff are needed, we ask that You would meet                                   
    this need.                                                                                      
                                                                                                    
    Father, I ask that the state would be prosperous.  Let Your                                     
    will be done in all affairs.  Help us to give You all the glory                                 
    and the honor.  Thank You again, for this day.  In Jesus'                                       
    name.  Amen.                                                                                    
                                                                                                    
                                                                                                    
The Pledge of Allegiance was led by Representative Ogg.                                             
                                                                                                    
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 85th legislative day be approved as certified by the                                
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                                                                                                    
                        MESSAGES FROM THE SENATE                                                 
                                                                                                    
HB 340                                                                                            
A message dated April 5, 2004, was read stating the Senate has                                      
passed:                                                                                             
                                                                                                    
    CS FOR HOUSE BILL NO. 340(JUD) am                                                               
    "An Act relating to damages in an action for a defect in the design,                            
    construction, and remodeling of certain dwellings; and providing                                
    for an effective date."                                                                         
                                                                                                    
CSHB 340(JUD) am was referred to the Chief Clerk for enrollment.                                    
                                                                                                    
**The presence of Representative Crawford was noted.                                                
                                                                                                    
                                                                                                    
SB 241                                                                                            
A message dated April 5, 2004, was read stating the Senate has                                      
concurred in the House amendment to CSSB 241(FIN), thus adopting:                                   
                                                                                                    

2004-04-06                     House Journal                      Page 3221
    CS FOR SENATE BILL NO. 241(FIN) am H                                                            
    "An Act making an appropriation to the Department of Revenue                                    
    for work related to bringing North Slope natural gas to market;                                 
    and providing for an effective date."                                                           
                                                                                                    
The Senate adopted a Legislative letter of intent (page 3182).                                      
                                                                                                    
                                                                                                    
A message dated April 5, 2004, was read stating the Senate has passed                               
the following and they are transmitted for consideration:                                           
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                         OF SENATE RESOLUTIONS                                                   
                                                                                                    
SJR 31                                                                                            
CS FOR SENATE JOINT RESOLUTION NO. 31(STA) by the Senate                                            
State Affairs Committee:                                                                            
                                                                                                    
    Relating to urging the United States Congress to compensate the                                 
    State of Alaska for the effect of federal land ownership on the                                 
    state's ability to fund public education.                                                       
                                                                                                    
was read the first time and referred to the State Affairs and Resources                             
Committees.                                                                                         
                                                                                                    
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                            OF SENATE BILLS                                                      
                                                                                                    
SB 82                                                                                             
CS FOR SENATE BILL NO. 82(L&C)(title am) by the Senate Labor                                        
& Commerce Committee, entitled:                                                                     
                                                                                                    
    "An Act relating to the state alcoholic beverage tax for certain                                
    wine and other beverages on amounts sold in or consigned for                                    
    shipment into the state that exceed 100 gallons a month, and to the                             
    treatment of two or more taxpayers who have a relationship for                                  
    purposes of applying the tax for certain wine and other                                         
    beverages."                                                                                     
                                                                                                    

2004-04-06                     House Journal                      Page 3222
was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    
**The presence of Representative Weyhrauch was noted.                                               
                                                                                                    
SB 322                                                                                            
SENATE BILL NO. 322 by Senator Ben Stevens by request of the                                        
Joint Legislative Salmon Industry Task Force, entitled:                                             
                                                                                                    
    "An Act relating to the rate of the salmon enhancement tax."                                    
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Fisheries and the Finance Committee.                                                                
                                                                                                    
**The presence of Representative Heinze was noted.                                                  
                                                                                                    
                             COMMUNICATIONS                                                      
                                                                                                    
The following was received:                                                                         
                                                                                                    
Alaska Commission on Postsecondary Education                                                        
Alaska Student Loan Corporation                                                                     
AlaskaAdvantage Programs                                                                            
Annual Report to Alaskans                                                                           
Year Ending June 30, 2003                                                                           
                                                                                                    
                                                                                                    
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
HB 439                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 439                                                                              
    "An Act relating to the authority to take oaths, affirmations, and                              
    acknowledgments in the state; relating to notaries public; relating                             
    to fees for issuing certificates with the seal of the state affixed;                            
    and providing for an effective date."                                                           
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    

2004-04-06                     House Journal                      Page 3223
    CS FOR HOUSE BILL NO. 439(JUD)                                                                  
    "An Act relating to the authority to take oaths, affirmations, and                              
    acknowledgments in the state, to notarizations, to verifications, to                            
    acknowledgments, to fees for issuing certificates with the seal of                              
    the state affixed, and to notaries public; and providing for an                                 
    effective date."                                                                                
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Gara, Gruenberg, Ogg, McGuire                                                         
                                                                                                    
No recommendation (1):  Samuels                                                                     
                                                                                                    
The following fiscal note(s) apply to CSHB 439(JUD):                                                
                                                                                                    
1.  Fiscal, Office of the Governor                                                                  
                                                                                                    
HB 439 was referred to the Finance Committee.                                                       
                                                                                                    
**The presence of Representative Kerttula was noted.                                                
                                                                                                    
                                                                                                    
HB 534                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 534                                                                              
    "An Act extending the termination date of the office of victims'                                
    rights."                                                                                        
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 534(FIN)                                                                  
    "An Act repealing the scheduled termination date of the office of                               
    victims' rights."                                                                               
                                                                                                    
                                                                                                    
The report was signed by Representative Williams, Co-chair, with the                                
following individual recommendations:                                                               
                                                                                                    

2004-04-06                     House Journal                      Page 3224
Do pass (8):  Meyer, Hawker, Stoltze, Joule, Croft, Chenault, Foster,                               
Williams                                                                                            
                                                                                                    
The following fiscal note(s) apply to CSHB 534(FIN):                                                
                                                                                                    
2.  Fiscal, Legislative Agency                                                                      
                                                                                                    
HB 534 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 546                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 546                                                                              
    "An Act relating to regulation of the discharge of pollutants from                              
    timber-related activities under the National Pollutant Discharge                                
    Elimination System; relating to waste treatment and disposal                                    
    permits; making conforming amendments; and providing for an                                     
    effective date."                                                                                
                                                                                                    
The report was signed by Representatives Masek and Dahlstrom, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (6):  Stepovich, Gatto, Lynn, Heinze, Masek, Dahlstrom                                      
                                                                                                    
No recommendation (3):  Guttenberg, Kerttula, Wolf                                                  
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Environmental Conservation                                                     
                                                                                                    
HB 546 was referred to the Judiciary Committee.                                                     
                                                                                                    
SB 277                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    CS FOR SENATE BILL NO. 277(FIN)                                                                 
    "An Act relating to the Alaska Commission on Postsecondary                                      
    Education; relating to the Alaska Student Loan Corporation;                                     
    relating to bonds of the corporation; relating to loan and grant                                

2004-04-06                     House Journal                      Page 3225
    programs of the commission; relating to an exemption from the                                   
    State Procurement Code regarding certain contracts of the                                       
    commission or corporation; making conforming changes; and                                       
    providing for an effective date."                                                               
                                                                                                    
                                                                                                    
The report was signed by Representative Williams, Co-chair, with the                                
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Meyer, Hawker, Foster, Williams                                                       
                                                                                                    
No recommendation (3):  Stoltze, Croft, Chenault                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Administration                                                                   
2.  Zero, Dept. of Community & Economic Development                                                 
5.  Fiscal, Dept. of Education & Early Development                                                  
                                                                                                    
CSSB 277(FIN) was referred to the Rules Committee for placement on                                  
the calendar.                                                                                       
                                                                                                    
**The presence of Representative Stepovich was noted.                                               
                                                                                                    
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
HB 458                                                                                            
The House Special Committee on Fisheries has considered:                                            
                                                                                                    
    HOUSE BILL NO. 458                                                                              
    "An Act relating to a one-day commercial fishing crewmember                                     
    license."                                                                                       
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 458(FSH)                                                                  
    "An Act relating to short-term commercial fishing crewmember                                    
    licenses; and providing for an effective date."                                                 
                                                                                                    

2004-04-06                     House Journal                      Page 3226
The report was signed by Representative Seaton, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Gara, Ogg, Heinze, Samuels, Wilson, Seaton                                            
                                                                                                    
The following fiscal note(s) apply to CSHB 458(FSH):                                                
                                                                                                    
1.  Fiscal, Dept. of Fish & Game                                                                    
2.  Fiscal, Dept. of Labor & Workforce Development                                                  
                                                                                                    
HB 458 was referred to the Resources Committee.                                                     
                                                                                                    
**The presence of Representative Berkowitz was noted.                                               
                                                                                                    
SB 273                                                                                            
The House Special Committee on Fisheries has considered:                                            
                                                                                                    
    CS FOR SENATE BILL NO. 273(FIN)                                                                 
    "An Act amending the size, membership, and powers of the board                                  
    of directors of the Alaska Seafood Marketing Institute and making                               
    a corresponding change in the quorum requirement; authorizing                                   
    the establishment of the seafood marketing assessment at a rate of                              
    0.5 percent or 0.6 percent of the value of seafood products                                     
    produced; providing for an election to retain, terminate, or                                    
    increase the seafood marketing assessment; providing for the                                    
    repeal of the salmon marketing tax and provisions related to the                                
    salmon marketing tax; and providing for an effective date."                                     
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 273(FSH)                                                    
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Seaton, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Ogg, Heinze, Samuels, Wilson, Seaton                                                  
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 273(FSH):                                            
                                                                                                    

2004-04-06                     House Journal                      Page 3227
3.  Indeterminate, Dept. of Revenue                                                                 
4.  Zero, Office of the Governor                                                                    
                                                                                                    
CSSB 273(FSH) was referred to the Finance Committee.                                                
                                                                                                    
**The presence of Representative Guttenberg was noted.                                              
                                                                                                    
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                             OF HOUSE BILLS                                                      
                                                                                                    
HB 552                                                                                            
HOUSE BILL NO. 552 by the House Finance Committee, entitled:                                        
                                                                                                    
    "An Act relating to gambling and gaming."                                                       
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 522                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 522                                                                              
    "An Act relating to discharges from small commercial passenger                                  
    vessels; and providing for an effective date."                                                  
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 RES RPT 6DP 2NR                                                   2984                             
 FN1: ZERO(DEC)                                                    2984                             
                                                                                                    
Amendment No. 1 was offered  by Representative Weyhrauch:                                            
                                                                                                    
Page 3, line 21, following "department":                                                            
 Delete "may"                                                                                       
 Insert "shall"                                                                                     
                                                                                                    

2004-04-06                     House Journal                      Page 3228
Representative Weyhrauch moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Fate objected and withdrew the objection.                                            
                                                                                                    
There being no further objection, Amendment No. 1 was adopted.                                      
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
HB 522 am be considered engrossed, advanced to third reading, and                                   
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
HB 522 am was read the third time.                                                                  
                                                                                                    
The question being:  "Shall HB 522 am pass the House?"  The roll was                                
taken with the following result:                                                                    
                                                                                                    
HB 522 am                                                                                           
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  40   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring,                                    
Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg,                                     
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                 
Wilson, Wolf                                                                                        
                                                                                                    
And so, HB 522 am passed the House.                                                                 
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
HB 522 am was referred to the Chief Clerk for engrossment.                                          
                                                                                                    
                     SECOND READING OF SENATE BILLS                                              
                                                                                                    
SB 264                                                                                            
The following was read the second time:                                                             
                                                                                                    

2004-04-06                     House Journal                      Page 3229
    SENATE BILL NO. 264                                                                             
    "An Act repealing the time limitation on the authority of the                                   
    Department of Natural Resources to enter into agreements with a                                 
    person or persons desiring to own an oil or natural gas pipeline                                
    proposed to be located on state land for the purposes of providing                              
    for payment of the reasonable costs incurred in preparing for                                   
    activities before receipt of an application under the Alaska Right-                             
    of-Way Leasing Act; and providing for an effective date."                                       
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 O&G RPT 4DP 1NR                                                   2991                             
 FN1: ZERO(DNR)                                                    2991                             
 RES RPT 8DP                                                       3055                             
 FN1: ZERO(DNR)                                                    3056                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
SB 264 be considered engrossed, advanced to third reading, and                                      
placed on final passage.                                                                            
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
SB 264 will advance to third reading on tomorrow's calendar.                                        
                                                                                                    
                      THIRD READING OF HOUSE BILLS                                               
                                                                                                    
HB 375                                                                                            
The following, which was advanced to third reading from the April 5,                                
2004 calendar (page 3212), was read the third time:                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 375(FIN) am                                                               
    "An Act making appropriations for the operating and loan                                        
    program expenses of state government, for certain programs, and                                 
    to capitalize funds; and providing for an effective date."                                      
                                                                                                    
Representative Gruenberg placed a call of the House and lifted the                                  
call.                                                                                               
                                                                                                    
The question being:  "Shall CSHB 375(FIN) am pass the House?"  The                                  
roll was taken with the following result:                                                           

2004-04-06                     House Journal                      Page 3230
                                                                                                    
CSHB 375(FIN) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  31   NAYS:  7   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Croft, Fate, Foster, Gatto,                                     
Gruenberg, Harris, Hawker, Heinze, Holm, Kohring, Kookesh, Kott,                                    
Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                          
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Gara, Guttenberg, Joule, Kerttula                               
                                                                                                    
Absent:  Dahlstrom, Kapsner                                                                         
                                                                                                    
And so, CSHB 375(FIN) am passed the House.                                                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
Representative Dahlstrom gave notice of reconsideration of the vote                                 
on CSHB 375(FIN) am.                                                                                
                                                                                                    
Representative Coghill rose to a point of order stating the notice was                              
out of order.                                                                                       
                                                                                                    
Representative Dahlstrom removed the notice.                                                        
                                                                                                    
Representative Coghill gave notice of reconsideration of the vote on                                
CSHB 375(FIN) am.                                                                                   
                                                                                                    
                            RECONSIDERATION                                                      
                                                                                                    
HB 375                                                                                            
Representative Coghill moved and asked unanimous consent that                                       
reconsideration of CSHB 375(FIN) am be taken up on the same day.                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
CSHB 375(FIN) am was again before the House in third reading:                                       
                                                                                                    

2004-04-06                     House Journal                      Page 3231
The question to be reconsidered:  "Shall CSHB 375(FIN) am pass the                                  
House?"  The roll was taken with the following result:                                              
                                                                                                    
CSHB 375(FIN) am--RECONSIDERATION                                                                   
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  32   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Croft, Dahlstrom, Fate, Foster,                                 
Gatto, Gruenberg, Harris, Hawker, Heinze, Holm, Kohring, Kookesh,                                   
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                    
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Gara, Guttenberg, Joule,                                        
Kapsner, Kerttula                                                                                   
                                                                                                    
And so, CSHB 375(FIN) am passed the House on reconsideration.                                       
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
CSHB 375(FIN) am was referred to the Chief Clerk for engrossment.                                   
                                                                                                    
Representative Kookesh, who had been previously excused (page                                       
3219), left the Chamber.                                                                            
                                                                                                    
HB 377                                                                                            
The following, which was advanced to third reading from the April 5,                                
2004, calendar (page 3212), was read the third time:                                                
                                                                                                    
    CS FOR HOUSE BILL NO. 377(FIN)                                                                  
    "An Act making appropriations for the operating and capital                                     
    expenses of the state's integrated comprehensive mental health                                  
    program; and providing for an effective date."                                                  
                                                                                                    
Representative Masek placed a call of the House and lifted the call.                                
                                                                                                    
The question being:  "Shall CSHB 377(FIN) pass the House?"  The                                     
roll was taken with the following result:                                                           

2004-04-06                     House Journal                      Page 3232
                                                                                                    
CSHB 377(FIN)                                                                                       
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, Kott, Lynn,                                 
Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels,                                       
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                       
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    
Absent:  Kapsner                                                                                    
                                                                                                    
Cissna changed from "Nay" to "Yea".                                                                 
                                                                                                    
And so, CSHB 377(FIN) passed the House.                                                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
CSHB 377(FIN) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    
                  SECOND READING OF HOUSE RESOLUTIONS                                            
                                                                                                    
HJR 36                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 36                                                                   
    Requesting the National Park Service to mitigate the adverse                                    
    economic effects of commercial fishing closures and restrictions                                
    in Glacier Bay National Park and Preserve.                                                      
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 FSH RPT 5DP                                                       2746                             
 FN1: ZERO(LEG)                                                    2746                             
 RES RPT 4DP 3NR                                                   3158                             
 FN1: ZERO(LEG)                                                    3158                             

2004-04-06                     House Journal                      Page 3233
Representative Coghill moved and asked unanimous consent that                                       
HJR 36 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
HJR 36 was read the third time.                                                                     
                                                                                                    
Representative Weyhrauch moved and asked unanimous consent that                                     
he be allowed to abstain from voting because of a conflict of interest.                             
Objection was heard, and Representative Weyhrauch was required to                                   
vote.                                                                                               
                                                                                                    
The question being:  "Shall HJR 36 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HJR 36                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  1   ABSENT:  3                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Coghill, Crawford, Croft,                                     
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Joule, Kerttula, Kohring, Kott, Lynn, Masek,                                  
McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                             
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    
Absent:  Cissna, Kapsner, Moses                                                                     
                                                                                                    
And so, HJR 36 passed the House and was referred to the Chief Clerk                                 
for engrossment.                                                                                    
                                                                                                    
HCR 27                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 27                                                              
    Relating to Take a Young Person Hunting Week.                                                   
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 RES RPT CS(RES) 5DP 3AM                                           3157                             
 FN1: ZERO(H.RES)                                                  3157                             
                                                                                                    

2004-04-06                     House Journal                      Page 3234
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. 27(RES)                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Wolf moved and asked unanimous consent that he be                                    
allowed to abstain from voting because of a conflict of interest.                                   
Objection was heard, and Representative Wolf was required to vote.                                  
                                                                                                    
The question being:  "Shall CSHCR 27(RES) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHCR 27(RES)                                                                                       
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  35   NAYS:  0   EXCUSED:  1   ABSENT:  4                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Crawford, Croft, Dahlstrom, Fate,                               
Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze,                                 
Holm, Joule, Kerttula, Kohring, Kott, Lynn, Masek, McGuire, Meyer,                                  
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    
Absent:  Berkowitz, Cissna, Kapsner, Moses                                                          
                                                                                                    
And so, CSHCR 27(RES) passed the House and was referred to the                                      
Chief Clerk for engrossment.                                                                        
                                                                                                    
                  SECOND READING OF SENATE RESOLUTIONS                                           
                                                                                                    
SCR 19                                                                                            
The following was read the second time:                                                             
                                                                                                    
    SENATE CONCURRENT RESOLUTION NO. 19                                                             
    Relating to the support of fisheries education, training, and                                   
    research and encouraging collaborative efforts between the state,                               

2004-04-06                     House Journal                      Page 3235
    the University of Alaska, and other educational institutions to                                 
    provide fisheries education programs.                                                           
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 FSH RPT 4DP 1NR                                                   2950                             
 FN1:ZERO(S.HES/LEG)                                               2951                             
 FN2: ZERO(DFG)                                                    2951                             
 HES RPT 5DP                                                       3134                             
 FN1: ZERO(S.HES/LEG)                                              3134                             
 FN2: ZERO(DFG)                                                    3134                             
                                                                                                    
                                                                                                    
The question being:  "Shall SCR 19 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
SCR 19                                                                                              
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  35   NAYS:  0   EXCUSED:  1   ABSENT:  4                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Crawford, Croft, Dahlstrom, Fate,                               
Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze,                                 
Holm, Joule, Kerttula, Kohring, Kott, Lynn, Masek, McGuire, Meyer,                                  
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    
Absent:  Berkowitz, Cissna, Kapsner, Moses                                                          
                                                                                                    
And so, SCR 19 passed the House, was signed by the Speaker and                                      
Chief Clerk and returned to the Senate.                                                             
                                                                                                    
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
SB 283                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 3198) on the following at                                   
this time:                                                                                          
                                                                                                    

2004-04-06                     House Journal                      Page 3236
    CS FOR SENATE BILL NO. 283(FIN) am H                                                            
    "An Act making an appropriation to reverse the deposit of money                                 
    available for appropriation in the general fund at the end of fiscal                            
    year 2003 into the constitutional budget reserve fund; making an                                
    appropriation for investment management fees for the                                            
    constitutional budget reserve fund for fiscal year 2004; making an                              
    appropriation for investment management fees for the                                            
    constitutional budget reserve fund for fiscal year 2005; making                                 
    appropriations to the Department of Education and Early                                         
    Development for K-12 educational programs; making                                               
    appropriations to the University of Alaska and the Alaska Court                                 
    System; making an appropriation to reverse the deposit of money                                 
    available for appropriation in the general fund at the end of fiscal                            
    year 2004 into the constitutional budget reserve fund; making an                                
    appropriation of the amount necessary to balance revenue and                                    
    general fund appropriations for fiscal years 2004 and 2005;                                     
    making appropriations for power cost equalization and for grants                                
    to municipalities, unincorporated communities, and designated                                   
    recipients; making appropriations under art. IX, sec. 17(c),                                    
    Constitution of the State of Alaska, from the constitutional budget                             
    reserve fund; and providing for an effective date."                                             
                                                                                                    
 (HCR 34 - title change resolution)                                                                 
                                                                                                    
and                                                                                                 
                                                                                                    
    CS FOR SENATE BILL NO. 283(FIN)                                                                 
    "An Act making an appropriation to reverse the deposit of money                                 
    available for appropriation in the general fund at the end of fiscal                            
    year 2003 into the constitutional budget reserve fund; making an                                
    appropriation for investment management fees for the                                            
    constitutional budget reserve fund; making appropriations under                                 
    art. IX, sec. 17(c), Constitution of the State of Alaska, from the                              
    constitutional budget reserve fund; and providing for an effective                              
    date."                                                                                          
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House recede from its                                         
amendment to CSSB 283(FIN), namely CSSB 283(FIN) am H, and                                          
recommended that the members vote no.                                                               
                                                                                                    

2004-04-06                     House Journal                      Page 3237
The question being:  "Shall the House recede from its amendment to                                  
CSSB 283(FIN)?"  The roll was taken with the following result:                                      
                                                                                                    
CSSB 283(FIN) am H                                                                                  
Recede                                                                                              
                                                                                                    
YEAS:  0   NAYS:  35   EXCUSED:  1   ABSENT:  4                                                   
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Crawford, Croft, Dahlstrom,                                     
Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker,                                   
Heinze, Holm, Joule, Kerttula, Kohring, Kott, Lynn, Masek, McGuire,                                 
Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                  
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    
Absent:  Berkowitz, Cissna, Kapsner, Moses                                                          
                                                                                                    
Gatto changed from "Yea" to "Nay".                                                                  
                                                                                                    
And so, the House failed to recede.                                                                 
                                                                                                    
The Speaker appointed the following members to a Conference                                         
Committee to meet with the like committee from the Senate to                                        
consider the above bills:                                                                           
                                                                                                    
 Representative Harris, Chair                                                                       
 Representative Coghill                                                                             
 Representative Kerttula                                                                            
                                                                                                    
The Speaker granted limited powers of free conference to the                                        
conferees considering CSSB 283(FIN) am H and CSSB 283(FIN).                                         
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following members be excused from a call of the House.  There being                                 
no objection, the members were excused as noted:                                                    
                                                                                                    
Representative Chenault - from noon, April 7 to 10:00 a.m.,                                         
April 12, 2004                                                                                      
                                                                                                    
Representative Kapsner - from noon, April 7 to 2:00 p.m.,                                           
April 13, 2004                                                                                      

2004-04-06                     House Journal                      Page 3238
                                                                                                    
Representative Kerttula - from 2:00 p.m., April 7 to 2:00 p.m.,                                     
April 12, 2004                                                                                      
                                                                                                    
Representative Fate - from 5:00 p.m., April 7 to noon, April 13, 2004                               
                                                                                                    
Representative Joule - from 7:00 p.m., April 7 to 5:00 p.m., April 12,                              
2004                                                                                                
                                                                                                    
Representative Lynn - from 7:00 p.m., April 7 to 10:00 a.m., April 13,                              
2004                                                                                                
                                                                                                    
Representative Moses - from 5:30 a.m., April 8 to 9:00 p.m., April 13,                              
2004                                                                                                
                                                                                                    
Representative Gara - from 7:00 a.m., April 8 to 10:00 p.m., April 11,                              
2004                                                                                                
                                                                                                    
                                                                                                    
Representative Masek - from noon, April 8 to 10:00 p.m., April 13,                                  
2004                                                                                                
                                                                                                    
Representative Wolf - from noon, April 8 to 10:00 a.m., April 13,                                   
2004                                                                                                
                                                                                                    
Representative Gatto - from noon, April 8 to 9:00 p.m., April 12, 2004                              
                                                                                                    
Representative Cissna - from 1:00 p.m., April 8 to 10:00 a.m., April 11,                            
2004                                                                                                
                                                                                                    
Representative Harris - from 1:00 p.m., April 8 to 9:00 p.m., April 13,                             
2004                                                                                                
                                                                                                    
Representative Ogg - from 2:00 p.m., April 8 to 2:00 p.m., April 12,                                
2004                                                                                                
                                                                                                    
Representative Crawford - from 10:00 a.m., April 9 to 10:00 a.m.,                                   
April 13, 2004                                                                                      
                                                                                                    
Representative Weyhrauch - from 1:00 p.m. to 4:00 p.m., today                                       
                                                                                                    

2004-04-06                     House Journal                      Page 3239
HB 458                                                                                            
The Speaker added a Finance Committee referral for the following:                                   
                                                                                                    
    HOUSE BILL NO. 458                                                                              
    "An Act relating to a one-day commercial fishing crewmember                                     
    license."                                                                                       
                                                                                                    
HB 458 is in the Resources Committee.                                                               
                                                                                                    
HJR 45                                                                                            
The Speaker removed the Finance Committee referral for the                                          
following:                                                                                          
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 45                                                                   
    Requesting the United States Congress to propose an amendment                                   
    to the Constitution of the United States to provide that a vacancy                              
    in the office of United States Representative may be filled by                                  
    appointment until an election can be held.                                                      
                                                                                                    
HJR 45 is in the State Affairs Committee with a further referral to the                             
Judiciary Committee.                                                                                
                                                                                                    
                                                                                                    
HCR 27                                                                                            
Representative Lynn added his name as cosponsor to:                                                 
                                                                                                    
    CS FOR HOUSE CONCURRENT RESOLUTION NO. 27(RES)                                                  
    Relating to Take a Young Person Hunting Week.                                                   
                                                                                                    
HJR 36                                                                                            
Representative Lynn added his name as cosponsor to:                                                 
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 36                                                                   
    Requesting the National Park Service to mitigate the adverse                                    
    economic effects of commercial fishing closures and restrictions                                
    in Glacier Bay National Park and Preserve.                                                      
                                                                                                    
SCR 19                                                                                            
Representative Lynn added his name as cross sponsor to:                                             
                                                                                                    

2004-04-06                     House Journal                      Page 3240
    SENATE CONCURRENT RESOLUTION NO. 19                                                             
    Relating to the support of fisheries education, training, and                                   
    research and encouraging collaborative efforts between the state,                               
    the University of Alaska, and other educational institutions to                                 
    provide fisheries education programs.                                                           
                                                                                                    
                                                                                                    
                              ENGROSSMENT                                                        
HCR 27                                                                                            
CSHCR 27(RES) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HJR 36                                                                                            
HJR 36 was engrossed, signed by the Speaker and Chief Clerk and                                     
transmitted to the Senate for consideration.                                                        
                                                                                                    
HB 375                                                                                            
CSHB 375(FIN) am was engrossed.                                                                     
                                                                                                    
HB 377                                                                                            
CSHB 377(FIN) was engrossed.                                                                        
                                                                                                    
HB 522                                                                                            
HB 522 am was engrossed, signed by the Speaker and Chief Clerk and                                  
transmitted to the Senate for consideration.                                                        
                                                                                                    
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                                                                                                    
The following meetings today have been changed as indicated:                                        
                                                                                                    
Judiciary Committee                                                                                 
CHANGED TO:                                               1:30 p.m., 4/6                            
                                                                                                    
House Special Committee on Military & Veterans' Affairs                                             
CHANGED TO:                                               2:00 p.m., 4/6                            
                                                                                                    

2004-04-06                     House Journal                      Page 3241
Labor & Commerce Committee                                                                          
CANCELED:                                                 3:15 p.m., 4/6                            
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., April 7, 2004.  There being no                                      
objection, the House adjourned at 1:11 p.m.                                                         
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk