Legislature(2003 - 2004)

2004-04-14 House Journal

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2004-04-14                     House Journal                      Page 3305
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
               TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                        
                                                                                                    
Juneau, Alaska                 Wednesday                 April 14, 2004                           
                                                                                                    
                           Ninety-fourth Day                                                   
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 10:20 a.m.                                                                                  
                                                                                                    
Roll call showed 38 members present.  Representative Wilson had                                     
been previously excused from a call of the House today.                                             
Representative Gara was absent and his presence was noted later.                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Kott be excused from a call of the House from                                        
1:00 p.m. today to 1:00 p.m., plane time, April 18, 2004 (amended                                   
from page 3301).  There being no objection, it was so ordered.                                      
                                                                                                    
                                                                                                    
The invocation was offered by the Chaplain, Pastor Larry Rorem of                                   
Shepherd of the Valley Lutheran Church.  Representative Meyer                                       
moved and asked unanimous consent that the invocation be spread on                                  
the journal.  There being no objection, it was so ordered.                                          
                                                                                                    
   In deepest respect for the religious beliefs of each person here,                               
    I invite you into a time of prayer and reflection.  Let us pray.                               
                                                                                                    
    Dear Lord,                                                                                      
                                                                                                    
    Be with our state and its leaders so that we never take                                         
    ourselves so seriously that we cannot be open to learning from                                  
    one another.  May learning not be top down but horizontal                                       
    with respect for every person and every issue.  May shared                                      
   voices result in decisions that honor all the people of our state.                              
                                                                                                    

2004-04-14                     House Journal                      Page 3306
    We thank You for the gift of laughter and humor that is                                         
    shared in this room.  May good humor be a gift that sensitizes,                                 
    conciliates, and brings dialogue into the flow of decision-                                     
    making.                                                                                         
                                                                                                    
    May the pressure points of differing priorities, the exposure to                                
    diverse opinions, and the time expectations of a hectic pace                                    
    not take away the need and desire to be in good relationship.                                   
     Good relationships benefit us all and promote caring leaders.                                 
                                                                                                    
    May dialogue, respect, humor, and good relationships                                            
    between individuals, branches of government, and the people                                     
    of our state be cultivated and celebrated through the dedicated                                 
    efforts of all who are gathered in this room.                                                   
                                                                                                    
    In Your Holy Name we pray.  Amen.                                                               
                                                                                                    
The Pledge of Allegiance was led by Representative Rokeberg.                                        
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 93rd legislative day be approved as certified by the                                
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                       MESSAGES FROM THE GOVERNOR                                                
                                                                                                    
A letter dated April 13, 2004, from Laraine L. Derr, Director, Boards                               
and Commissions, was received stating the Governor has requested the                                
House rescind the confirmation process for the Board of Agriculture                                 
and Conservation stating that appointments to this board do not require                             
legislative confirmation.  The Speaker referred the appointments to the                             
Resources Committee (page 3074).                                                                    
                                                                                                    
                                                                                                    
                        MESSAGES FROM THE SENATE                                                 
                                                                                                    
A message dated April 13, 2004, was read stating the Senate has                                     
passed the following and it is transmitted for consideration:                                       
                                                                                                    

2004-04-14                     House Journal                      Page 3307
                      FIRST READING AND REFERENCE                                                
                            OF SENATE BILLS                                                      
                                                                                                    
SB 338                                                                                            
CS FOR SENATE BILL NO. 338(STA) by the Senate State Affairs                                         
Committee, entitled:                                                                                
                                                                                                    
    "An Act relating to actionable claims against state employees; and                              
    providing for an effective date."                                                               
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
HB 418                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 418                                                                              
    "An Act extending the termination date of the Real Estate                                       
    Commission; and providing for an effective date."                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 418(FIN)                                                                  
    "An Act extending the termination date of the Real Estate                                       
    Commission; relating to real estate; relating to home inspectors;                               
    relating to real estate licensees; 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):  Meyer, Hawker, Chenault, Fate, Foster, Harris, Williams                               
                                                                                                    
No recommendation (3):  Stoltze, Joule, Croft                                                       
                                                                                                    
The following fiscal note(s) apply to CSHB 418(FIN):                                                
                                                                                                    
2.  Fiscal, Dept. of Community & Economic Development                                               
                                                                                                    

2004-04-14                     House Journal                      Page 3308
HB 418 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 484                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 484                                                                              
    "An Act imposing a correctional facility surcharge on persons                                   
    convicted of a crime under state law, and on persons whose                                      
    probation is revoked; relating to fees and expenses for interstate                              
    transfer of probation or parole; and providing for an effective                                 
    date."                                                                                          
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 484(JUD)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Williams, Co-chair, with the                                
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Meyer, Hawker, Foster, Williams                                                       
                                                                                                    
No recommendation (4):  Stoltze, Joule, Croft, Chenault                                             
                                                                                                    
The following fiscal note(s) apply to CSHB 484(JUD):                                                
                                                                                                    
1.  Fiscal, Dept. of Law                                                                            
2.  Zero, Alaska Court System                                                                       
3.  Fiscal, Dept. of Corrections                                                                    
                                                                                                    
HB 484 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 490                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 490                                                                              
    "An Act relating to the release of employment security records, to                              
    the admissibility of determinations and decisions regarding                                     

2004-04-14                     House Journal                      Page 3309
    unemployment compensation benefits, and to contributions,                                       
    interest, penalties, and payments under the Alaska Employment                                   
    Security Act; providing that property under the Alaska                                          
    Employment Security Act is not subject to the Uniform                                           
     Unclaimed Property Act; and providing for an effective date."                                 
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 490(JUD)                                                                  
    "An Act relating to the release of employment security records, to                              
    the binding effect of determinations and decisions regarding                                    
    unemployment compensation benefits, and to contributions,                                       
    interest, penalties, and payments under the Alaska Employment                                   
    Security Act; providing that property under the Alaska                                          
    Employment Security Act is not subject to the Uniform                                           
     Unclaimed Property Act; and providing for an effective date."                                 
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
No recommendation (5):  Samuels, Holm, Gara, Gruenberg, McGuire                                     
                                                                                                    
The following fiscal note(s) apply to CSHB 490(JUD):                                                
                                                                                                    
1.  Zero, Dept. of Labor & Workforce Development                                                    
                                                                                                    
HB 490 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
SB 301                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    CS FOR SENATE BILL NO. 301(FIN)                                                                 
    "An Act relating to the Alaska Pioneers' Home and the Alaska                                    
    Veterans' Home; relating to eligibility for admission to the Alaska                             
    Pioneers' Home and Alaska Veterans' Home; relating to the                                       
    eligibility of residents for the Alaska Pioneers' Home and the                                  
    Alaska Veterans' Home for general relief assistance; relating to                                
    state veterans' home facilities; making conforming amendments;                                  
    and providing for an effective date."                                                           
                                                                                                    

2004-04-14                     House Journal                      Page 3310
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 301(FIN)                                                    
    (same title)                                                                                    
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (8):  Meyer, Stoltze, Joule, Croft, Foster, Fate, Harris,                                   
Williams                                                                                            
                                                                                                    
The Committee adopted the Senate letter of intent (Senate Journal                                   
page 2364).                                                                                         
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 301(FIN):                                            
                                                                                                    
1.  Fiscal, Dept. of Health & Social Services                                                       
                                                                                                    
CSSB 301(FIN) is on today's calendar.                                                               
                                                                                                    
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
HB 84                                                                                             
The House Special Committee on Education has considered:                                            
                                                                                                    
    HOUSE BILL NO. 84                                                                               
    "An Act relating to a curriculum for Alaska history; and providing                              
    for an effective date."                                                                         
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 84(EDU)                                                                   
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Gatto, Chair, with the                                      
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Seaton, Wilson                                                                        
                                                                                                    

2004-04-14                     House Journal                      Page 3311
No recommendation (2):  Wolf, Gatto                                                                 
                                                                                                    
Amend (2):  Gara, Kapsner                                                                           
                                                                                                    
The following fiscal note(s) apply to CSHB 84(EDU):                                                 
                                                                                                    
1.  Zero, Dept. of Education & Early Development                                                    
                                                                                                    
HB 84 was referred to the Health, Education & Social Services                                       
Committee.                                                                                          
                                                                                                    
                                                                                                    
SB 322                                                                                            
The House Special Committee on Fisheries has considered:                                            
                                                                                                    
    SENATE BILL NO. 322                                                                             
    "An Act relating to the rate of the salmon enhancement tax."                                    
                                                                                                    
The report was signed by Representative Seaton, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Ogg, Heinze, Seaton                                                                   
                                                                                                    
No recommendation (1):  Samuels                                                                     
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Indeterminate, Dept. of Revenue                                                                 
                                                                                                    
SB 322 was referred to the Finance Committee.                                                       
                                                                                                    
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citation was introduced and referred to the Rules                                     
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - D. Scott Batchelder                                                                      
By Representatives Stoltze, Masek, Dahlstrom; Senators Dyson, Ogan                                  
                                                                                                    

2004-04-14                     House Journal                      Page 3312
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 188                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 188                                                                              
    "An Act relating to the authority of the Department of Natural                                  
    Resources to issue citations for certain skiing violations; relating                            
    to establishing a bail schedule for certain skiing violations and to                            
    procedures for issuing a citation for a skiing violation."                                      
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 RES RPT 5DP 2NR 1AM                                               2737                             
 FN1: ZERO(CRT)                                                    2737                             
 STA RPT 2DP 1DNP 4NR                                              3043                             
 FN1: ZERO(CRT)                                                    3044                             
 FN2: ZERO(DNR)                                                    3044                             
                                                                                                    
**The presence of Representative Gara was noted.                                                    
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
HB 188 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
                                                                                                    
HB 188 was read the third time.                                                                     
                                                                                                    
                                                                                                    
The question being:  "Shall HB 188 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HB 188                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  31   NAYS:  6   EXCUSED:  1   ABSENT:  2                                                   
                                                                                                    

2004-04-14                     House Journal                      Page 3313
Yeas:  Anderson, Chenault, Cissna, Coghill, Crawford, Croft,                                        
Dahlstrom, Fate, Foster, Gara, Gruenberg, Guttenberg, Harris,                                       
Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                   
Lynn, Masek, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                         
Weyhrauch, Williams                                                                                 
                                                                                                    
Nays:  Berkowitz, Gatto, Holm, McGuire, Stepovich, Stoltze                                          
                                                                                                    
Excused:  Wilson                                                                                    
                                                                                                    
Absent:  Moses, Wolf                                                                                
                                                                                                    
And so, HB 188 passed the House and was referred to the Chief Clerk                                 
for engrossment.                                                                                    
                                                                                                    
HB 273                                                                                            
The following was read the second time:                                                             
                                                                                                    
    SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 273                                                       
    "An Act relating to the right of a parent to waive a child's claim of                           
    negligence against a provider of sports or recreational activities."                            
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 JUD RPT CS(JUD) NT 4DP 1NR                                        3103                             
 FN1: ZERO(LAW)                                                    3104                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL                                                        
    NO. 273(JUD)                                                                                    
    "An Act relating to the right of a parent to waive an                                           
    unemancipated child's claim of negligence against a provider of                                 
    sports or recreational activities."                                                             
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 2, line 24, following "participates":                                                          
 Insert "to the extent the waiver is otherwise valid"                                               
                                                                                                    

2004-04-14                     House Journal                      Page 3314
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Coghill objected and withdrew the objection.  There                                  
being no further objection, Amendment No. 1 was adopted.                                            
                                                                                                    
                                                                                                    
Amendment No. 2 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 3, lines 5 - 6:                                                                                
 Delete all material and insert:                                                                    
           "(D) a person who has a valid power of attorney                                          
         concerning the child; or"                                                                  
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
Amendment No. 2 was adopted.                                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSSSHB 273(JUD) am be considered engrossed, advanced to third                                       
reading, and placed on final passage.                                                               
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
CSSSHB 273(JUD) am will advance to third reading on tomorrow's                                      
calendar.                                                                                           
                                                                                                    
                                                                                                    
                     SECOND READING OF SENATE BILLS                                              
                                                                                                    
SB 289                                                                                            
The following was read the second time:                                                             
                                                                                                    
    SENATE BILL NO. 289                                                                             
    "An Act extending the termination date of the special education                                 
    service agency; and providing for an effective date."                                           
                                                                                                    

2004-04-14                     House Journal                      Page 3315
with the:                                                  Journal Page                             
                                                                                                    
 EDU RPT 6DP                                                       2937                             
 FN1: ZERO(EED)                                                    2938                             
 FIN RPT 4DP 4NR                                                   3252                             
 FN2: (EED)                                                        3253                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
SB 289 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
SB 289 was read the third time.                                                                     
                                                                                                    
                                                                                                    
The question being:  "Shall SB 289 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
SB 289                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  1   ABSENT:  3                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kott,                                      
Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels,                                        
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wolf                                               
                                                                                                    
Excused:  Wilson                                                                                    
                                                                                                    
Absent:  Harris, Kookesh, Moses                                                                     
                                                                                                    
And so, SB 289 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.                                
                                                                                                    
SB 289 was signed by the Speaker and Chief Clerk and returned to the                                
Senate.                                                                                             
                                                                                                    

2004-04-14                     House Journal                      Page 3316
SB 301                                                                                            
The following was read the second time:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 301(FIN)                                                                 
    "An Act relating to the Alaska Pioneers' Home and the Alaska                                    
    Veterans' Home; relating to eligibility for admission to the Alaska                             
    Pioneers' Home and Alaska Veterans' Home; relating to the                                       
    eligibility of residents for the Alaska Pioneers' Home and the                                  
    Alaska Veterans' Home for general relief assistance; relating to                                
    state veterans' home facilities; making conforming amendments;                                  
    and providing for an effective date."                                                           
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 MLV REFERRAL WAIVED                                               3266                             
 HES REFERRAL WAIVED                                               3266                             
 FIN RPT HCS(FIN) 8DP                                              3309                             
 SENATE LETTER OF INTENT WITH FIN REPORT 3310                                                       
 FN1: (HSS)                                                        3310                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 301(FIN)                                                    
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representatives Gruenberg,                                           
Berkowitz, Weyhrauch, and Seaton:                                                                   
                                                                                                    
Page 3, line 3, following "only":                                                                   
 Delete "by the voter's [VOTER] notifying"                                                      
 Insert "if [BY] the voter notifies [NOTIFYING]"                                            
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
Amendment No. 1 was adopted.                                                                        
                                                                                                    

2004-04-14                     House Journal                      Page 3317
Amendment No. 2 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 8, line 24:                                                                                    
 Delete "$100"                                                                                      
 Insert "$250"                                                                                      
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Stepovich objected.                                                                  
                                                                                                    
Amendment to Amendment No. 2 was offered  by Representative                                          
Rokeberg:                                                                                           
                                                                                                    
    Delete "$250"                                                                                   
    Insert "$150"                                                                                   
                                                                                                    
Representative Rokeberg moved and asked unanimous consent that                                      
Amendment to Amendment No. 2 be adopted.  There being no                                            
objection, it was so ordered.                                                                       
                                                                                                    
Representatives Kerttula and Harris moved and asked unanimous                                       
consent that they be allowed to abstain from voting because of a                                    
conflict of interest.  Objection was heard, and the members were                                    
required to vote.                                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 2 as amended be                                           
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
HCS CSSB 301(FIN) am H                                                                              
Second Reading                                                                                      
Amendment No. 2 as amended                                                                          
                                                                                                    
YEAS:  24   NAYS:  8   EXCUSED:  1   ABSENT:  7                                                   
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gatto,                                  
Gruenberg, Guttenberg, Hawker, Joule, Kapsner, Kerttula, Kohring,                                   
Kookesh, Kott, Lynn, Masek, Morgan, Rokeberg, Samuels, Stoltze,                                     
Williams, Wolf                                                                                      
                                                                                                    
Nays:  Chenault, Coghill, Foster, Harris, Meyer, Seaton, Stepovich,                                 
Weyhrauch                                                                                           
                                                                                                    

2004-04-14                     House Journal                      Page 3318
Excused:  Wilson                                                                                    
                                                                                                    
Absent:  Anderson, Fate, Heinze, Holm, McGuire, Moses, Ogg                                          
                                                                                                    
And so, Amendment No. 2 as amended was adopted.                                                     
                                                                                                    
Amendment No. 3 was offered  by Representatives Lynn and Gara:                                       
                                                                                                    
Page 8, following line 11:                                                                          
 Insert a new subsection to read:                                                                   
     "(f) The department shall conduct, at least annually, an                                       
    unannounced inspection of each site of the Alaska Pioneers' Home                                
    and the Alaska Veterans' Home to determine compliance of the                                    
    facilities with all applicable laws and regulations."                                           
                                                                                                    
Representative Lynn moved and asked unanimous consent that                                          
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Stepovich objected.                                                                  
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSB 301(FIN) am H                                                                              
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  35   NAYS:  3   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker,                                
Heinze, Holm, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn, Masek,                                 
McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton,                                      
Stoltze, Weyhrauch, Williams, Wolf                                                                  
                                                                                                    
Nays:  Foster, Kohring, Stepovich                                                                   
                                                                                                    
Excused:  Wilson                                                                                    
                                                                                                    
Absent:  Anderson                                                                                   
                                                                                                    
And so, Amendment No. 3 was adopted.                                                                
                                                                                                    

2004-04-14                     House Journal                      Page 3319
Amendment No. 4 was offered  by Representatives Rokeberg and                                         
Gruenberg:                                                                                          
                                                                                                    
Page 10, line 5:                                                                                    
 Delete "$5,000"                                                                                    
 Insert "up to $10,000"                                                                             
                                                                                                    
Representative Rokeberg moved and asked unanimous consent that                                      
Amendment No. 4 be adopted.                                                                         
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Amendment No. 5 was offered  by Representative Gruenberg:                                            
                                                                                                    
Page 9, line 14:                                                                                    
 Delete "$100"                                                                                      
 Insert "$150"                                                                                      
                                                                                                    
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment No. 5 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
HCS CSSB 301(FIN) am H be considered engrossed, advanced to                                         
third reading, and placed on final passage.  There being no objection,                              
it was so ordered.                                                                                  
                                                                                                    
                                                                                                    
HCS CSSB 301(FIN) am H was read the third time.                                                     
                                                                                                    
The question being:  "Shall HCS CSSB 301(FIN) am H pass the                                         
House?"  The roll was taken with the following result:                                              
                                                                                                    
HCS CSSB 301(FIN) am H                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  1   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    

2004-04-14                     House Journal                      Page 3320
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kookesh,                                    
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                    
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wolf                                      
                                                                                                    
Nays:  Kohring                                                                                      
                                                                                                    
Excused:  Wilson                                                                                    
                                                                                                    
And so, HCS CSSB 301(FIN) am H 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.                                
                                                                                                    
The following letter of intent for HCS CSSB 301(FIN) am H was                                       
offered by Representatives Gara, Crawford, Kerttula, Stoltze, and                                   
Guttenberg:                                                                                         
                                                                                                    
"It is the intent of the legislature that this bill shall not reduce the                            
number of non-veteran Pioneers' Home residents living in the                                        
Pioneers' Homes statewide."                                                                         
                                                                                                    
Representative Gara moved and asked unanimous consent that the                                      
House  adopt the letter of intent.  There being no objection, it was so                             
ordered.                                                                                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adopt the Senate letter of intent (Senate Journal page 2364).                                 
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Harris gave notice of reconsideration of the vote on                                 
HCS CSSB 301(FIN) am H.                                                                             
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HB 364                                                                                            
The Speaker removed the Finance Committee referral for the                                          
following:                                                                                          
                                                                                                    

2004-04-14                     House Journal                      Page 3321
    SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 364                                                       
    "An Act establishing a moratorium on the issuance of state                                      
    shallow natural gas leases in the vicinity of Kachemak Bay, and                                 
    precluding the commissioner of natural resources from reissuing                                 
    or otherwise extending leases within the moratorium area if the                                 
    leases fail to produce gas in paying quantities within the terms of                             
    the lease or if there is a breach of a term or condition of the lease;                          
    and providing for an effective date."                                                           
                                                                                                    
SSHB 364 is in the Resources Committee.                                                             
                                                                                                    
                                                                                                    
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 Weyhrauch - from 10:00 a.m., April 15 to 7:00 a.m.,                                  
plane time, April 16, 2004                                                                          
                                                                                                    
Representative Croft - from 11:00 a.m., April 15 to 9:00 p.m., plane                                
time, April 18, 2004                                                                                
                                                                                                    
Representative Heinze - from 7:00 p.m., April 16 to 9:00 p.m., plane                                
time, April 18, 2004                                                                                
                                                                                                    
Representative Holm - from 7:00 p.m., April 16 to 10:00 a.m., plane                                 
time, April 19, 2004                                                                                
                                                                                                    
Representative Williams - from 9:00 a.m., April 16 to 10:00 p.m.,                                   
plane time, April 18, 2004                                                                          
                                                                                                    
HB 443                                                                                            
The Speaker waived the Finance Committee referral for the following                                 
at the request of Representative Williams, Co-chair:                                                
                                                                                                    
    HOUSE BILL NO. 443                                                                              
    "An Act relating to eligibility of nurses for the teachers' and                                 
    nurses' housing loan program of the Alaska Housing Finance                                      
    Corporation."                                                                                   
                                                                                                    

2004-04-14                     House Journal                      Page 3322
HB 443 was removed from the Finance Committee and referred to the                                   
Rules Committee for placement on the calendar.                                                      
                                                                                                    
                                                                                                    
SB 289                                                                                            
Representatives Lynn, Stoltze, and Gatto added their names as cross                                 
sponsors to:                                                                                        
                                                                                                    
    SENATE BILL NO. 289                                                                             
    "An Act extending the termination date of the special education                                 
    service agency; and providing for an effective date."                                           
                                                                                                    
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HB 188                                                                                            
HB 188 was engrossed, signed by the Speaker and Chief Clerk and                                     
transmitted to the Senate for consideration.                                                        
                                                                                                    
                               ENROLLMENT                                                        
                                                                                                    
HB 397                                                                                            
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 9:50 a.m.,                                 
April 14, 2004:                                                                                     
                                                                                                    
    SENATE CS FOR CS FOR HOUSE BILL NO. 397(JUD)                                                    
    "An Act relating to defense contacts with and recordings of                                     
    statements of victims and witnesses of sexual offenses."                                        
                                                                                                    
                             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., 4/14                            
                                                                                                    

2004-04-14                     House Journal                      Page 3323
Resources Committee                                                                                 
CHANGED TO:                                              1:30 p.m., 4/14                            
                                                                                                    
House Special Committee on Fisheries                                                                
CONTINUED:                                               5:00 p.m., 4/14                            
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., April 15, 2004.  There being no                                     
objection, the House adjourned at 12:54 p.m., April 14, 2004.                                       
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk