Legislature(2003 - 2004)

2004-04-08 House Journal

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2004-04-08                     House Journal                      Page 3273
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
               TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                        
                                                                                                    
Juneau, Alaska                  Thursday                  April 8, 2004                           
                                                                                                    
                           Eighty-eighth Day                                                   
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 10:22 a.m.                                                                                  
                                                                                                    
The following members were present for the technical session:                                       
Speaker Kott, Representatives Berkowitz, Coghill, Rokeberg, Seaton,                                 
and Weyhrauch.                                                                                      
                                                                                                    
                       MESSAGES FROM THE GOVERNOR                                                
                                                                                                    
HB 98                                                                                             
A message dated April 7, 2004, was read stating the Governor has                                    
signed the following bill and is transmitting the engrossed and enrolled                            
copies to the Lieutenant Governor's office for permanent filing:                                    
                                                                                                    
    HOUSE BILL NO. 98                                                                               
    "An Act relating to sport fishing seasons and areas for persons                                 
    under 16 years of age."                                                                         
                                                                                                    
    Chapter No. 13, SLA 2004                                                                        
    Effective Date:  July 6, 2004                                                                   
                                                                                                    
SB 63                                                                                             
A message dated April 6, 2004, was read stating the Governor has                                    
signed the following bill and is transmitting the engrossed and enrolled                            
copies to the Lieutenant Governor's office for permanent filing:                                    
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 63(CRA)                                                     
    "An Act relating to municipal property taxation in annexed,                                     
    detached, and newly incorporated areas."                                                        
                                                                                                    

2004-04-08                     House Journal                      Page 3274
    Chapter No. 12, SLA 2004                                                                        
    Effective Date:  July 5, 2004                                                                   
                                                                                                    
                                                                                                    
                        MESSAGES FROM THE SENATE                                                 
                                                                                                    
SB 283                                                                                            
A message dated April 7, 2004, was read stating the President has                                   
appointed the following members to a Conference Committee:                                          
                                                                                                    
    Senator Ben Stevens, Chair                                                                      
    Senator Green                                                                                   
    Senator Elton                                                                                   
                                                                                                    
to meet with a like committee from the House to consider:                                           
                                                                                                    
    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)                                                              
                                                                                                    

2004-04-08                     House Journal                      Page 3275
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."                                                                                          
                                                                                                    
The House members of the Conference Committee are Representatives                                   
Harris (Chair), Coghill, and Kerttula (page 3237).                                                  
                                                                                                    
The President granted limited powers of free conference to the                                      
conferees.                                                                                          
                                                                                                    
The Speaker had previously granted the limited powers of free                                       
conference to the conferees (page 3237).                                                            
                                                                                                    
                                                                                                    
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
HJR 9                                                                                             
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 9                                                                    
    Proposing amendments to the Constitution of the State of Alaska                                 
    relating to an appropriation limit and a spending limit.                                        
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE JOINT RESOLUTION NO. 9(FIN)                                                        
    Proposing amendments to the Constitution of the State of Alaska                                 
    relating to an appropriation limit.                                                             
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    

2004-04-08                     House Journal                      Page 3276
Do pass (2):  Meyer, Stoltze                                                                        
                                                                                                    
No recommendation (5):  Hawker, Fate, Foster, Harris, Williams                                      
                                                                                                    
The following fiscal note(s) apply to CSHJR 9(FIN):                                                 
                                                                                                    
2.  Fiscal, Office of the Governor                                                                  
3.  Zero, Office of the Governor/All Depts.                                                         
                                                                                                    
HJR 9 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
HB 309                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 309                                                                              
    "An Act prohibiting the release of nonindigenous predatory fish                                 
    into public water."                                                                             
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 309(RES)                                                                  
    "An Act relating to nonindigenous fish."                                                        
                                                                                                    
The report was signed by Representatives Masek and Dahlstrom, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (1):  Wolf                                                                                  
                                                                                                    
No recommendation (3):  Lynn, Guttenberg, Dahlstrom                                                 
                                                                                                    
Amend (5):  Heinze, Stepovich, Gatto, Kerttula, Masek                                               
                                                                                                    
The following fiscal note(s) apply to CSHB 309(RES):                                                
                                                                                                    
1.  Zero, Dept. of Fish & Game                                                                      
2.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
HB 309 was referred to the Judiciary Committee.                                                     
                                                                                                    

2004-04-08                     House Journal                      Page 3277
HB 381                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
    HOUSE BILL NO. 381                                                                              
    "An Act relating to child endangerment."                                                        
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 381(HES)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Wilson, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  Wilson                                                                                
                                                                                                    
No recommendation (1):  Coghill                                                                     
                                                                                                    
Amend (3):  Seaton, Wolf, Gatto                                                                     
                                                                                                    
The following fiscal note(s) apply to CSHB 381(HES):                                                
                                                                                                    
1.  Zero, Alaska Court System                                                                       
2.  Indeterminate, Dept. of Administration                                                          
3.  Indeterminate, Dept. of Law                                                                     
                                                                                                    
HB 381 was referred to the Judiciary Committee.                                                     
                                                                                                    
HB 422                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 422                                                                              
    "An Act repealing the special subaccount established in the                                     
    constitutional budget reserve fund; relating to the powers of the                               
    Department of Revenue for the investment of amounts in the                                      
    constitutional budget reserve fund; and providing for an effective                              
    date."                                                                                          
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    

2004-04-08                     House Journal                      Page 3278
    CS FOR HOUSE BILL NO. 422(STA)                                                                  
    "An Act repealing the special subaccount established in the                                     
    constitutional budget reserve fund; and providing for an effective                              
    date."                                                                                          
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (7):  Hawker, Meyer, Croft, Fate, Foster, Harris, Williams                                  
                                                                                                    
No recommendation (2):  Stoltze, Joule                                                              
                                                                                                    
The following fiscal note(s) apply to CSHB 422(STA):                                                
                                                                                                    
1.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
HB 422 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 427                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
    HOUSE BILL NO. 427                                                                              
    "An Act relating to guardianships and conservatorships, to the                                  
    public guardian and the office of public advocacy, to private                                   
    professional guardians and private professional conservators, to                                
    court visitors, court-appointed attorneys, guardians ad litem, and                              
    fiduciaries, and to the protection of the person or property of                                 
    certain individuals, including minors; amending Rules 16(f) and                                 
    17(e), Alaska Rules of Probate Procedure; and providing for an                                  
    effective date."                                                                                
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 427(HES)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Wilson, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    

2004-04-08                     House Journal                      Page 3279
Do pass (1):  Cissna                                                                                
                                                                                                    
Amend (5):  Seaton, Coghill, Wolf, Gatto, Wilson                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 427(HES):                                                
                                                                                                    
1.  Fiscal, Dept. of Community & Economic Development                                               
                                                                                                    
HB 427 was referred to the Judiciary Committee.                                                     
                                                                                                    
                               ENROLLMENT                                                        
                                                                                                    
HB 340                                                                                            
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 9:18 a.m.,                                 
April 8, 2004:                                                                                      
                                                                                                    
    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."                                                                         
                                                                                                    
HB 398                                                                                            
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 9:18 a.m.,                                 
April 8, 2004:                                                                                      
                                                                                                    
    SENATE CS FOR CS FOR HOUSE BILL NO. 398(JUD)                                                    
     "An Act relating to domestic violence fatality review teams."                                 
                                                                                                    
The following memorandum, dated April 7, 2004, was received from                                    
Patty Rose, Enrolling Secretary, Division of Legal and Research                                     
Services:                                                                                           
                                                                                                    
"In accordance with Rule 43, Uniform Rules of the Alaska State                                      
Legislature, I am reporting the following manifest errors in SCS                                    
CSHB 398(JUD), which have been corrected in enrolling:                                              
                                                                                                    

2004-04-08                     House Journal                      Page 3280
Page 2, line 29:                                                                                    
    Delete "are"                                                                                    
    Insert "is"                                                                                     
                                                                                                    
Page 3, line 14:                                                                                    
    Delete the first occurrence of "the""                                                           
                                                                                                    
HB 478                                                                                            
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 2:11 p.m.,                                 
April 7, 2004:                                                                                      
                                                                                                    
    HOUSE BILL NO. 478                                                                              
    "An Act relating to the issuance of commercial fishing interim-use                              
    permits; and providing for an effective date."                                                  
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 2:00 p.m., April 13, 2004.  There being no                                      
objection, the House adjourned at 10:26 a.m.                                                        
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk