Legislature(2003 - 2004)

2004-06-23 House Journal

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2004-06-23                     House Journal                      Page 4465
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
                        TWENTY-THIRD LEGISLATURE                                                 
                                                                                                    
                         FIRST SPECIAL SESSION                                                   
                                                                                                    
Juneau, Alaska                 Wednesday                  June 23, 2004                           
                                                                                                    
                               Second Day                                                      
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 2:46 p.m.                                                                                   
                                                                                                    
Roll call showed 36 members present.  Representative Moses was                                      
absent and his presence was noted later.  Representative Wolf was                                   
absent.                                                                                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representatives Heinze and Wilson be excused from a call of the                                     
House today.  There being no objection, it was so ordered.                                          
                                                                                                    
The invocation was offered by the Chaplain, Representative Coghill.                                 
Representative Fate moved and asked unanimous consent that the                                      
invocation be spread on the journal.  There being no objection, it was                              
so ordered.                                                                                         
                                                                                                    
    Unto thee O Lord our God, we give thanks for the beauty of                                      
    the land we live in; for the bounty of resources we have been                                   
    given to manage; for the people who love this state and look                                    
    to us to represent them in this legislature; for the freedom to                                 
    openly debate our views and the system that gives us tools to                                   
    arrive at some agreements.                                                                      
                                                                                                    
    Our gratitude leads us to look beyond ourselves to be                                           
    respectful to one another and to honor the institution given us                                 
    by our forefathers; and we look to You for guidance, wisdom,                                    
    and clarity of mind for the work before us.                                                     

2004-06-23                     House Journal                      Page 4466
    We ask for Your gracious healing touch for those members                                        
    and their families who are absent with health problems.  We                                     
    also give thanks for the health we all here enjoy by Your                                       
    grace.                                                                                          
                                                                                                    
      Thank You for this beautiful day!  Please bless us with Your                                 
       presence and help today.  In the name of Jesus Christ the                                   
    Lord, we pray.  Amen.                                                                           
                                                                                                    
The Pledge of Allegiance was led by Representative Dahlstrom.                                       
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
First Supplement, Second Session and the journal for the first                                      
legislative day of the First Special Session be approved as certified by                            
the Chief Clerk.  There being no objection, it was so ordered.                                      
                                                                                                    
                                                                                                    
                       MESSAGES FROM THE GOVERNOR                                                
                                                                                                    
SB 179                                                                                            
A message dated June 17, 2004, and received June 23 was read stating                                
the Governor has signed the following bill and is transmitting the                                  
engrossed and enrolled copies to the Lieutenant Governor's office for                               
permanent filing:                                                                                   
                                                                                                    
    CS FOR SENATE BILL NO. 179(FIN)                                                                 
    "An Act relating to criminal history records and background                                     
    checks; allowing persons to teach in the public schools for up to                               
    five months without a teaching certificate if the person has applied                            
    for a certificate and the application has not been acted upon by the                            
    Department of Education and Early Development due to a delay in                                 
    receiving criminal history records; allowing teacher certification                              
    for certain persons based on a criminal history background check                                
    without fingerprints; and providing for an effective date."                                     
                                                                                                    
    Chapter No. 79, SLA 2004                                                                        
    Effective Date:  June 18, 2004                                                                  
                                                                                                    

2004-06-23                     House Journal                      Page 4467
SB 306                                                                                            
A message dated June 17, 2004, and received June 23 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. 306(JUD)                                                    
    "An Act relating to the practice of naturopathic medicine; and                                  
    providing for an effective date."                                                               
                                                                                                    
    Chapter No. 78, SLA 2004                                                                        
    Effective Date:  June 18, 2004                                                                  
                                                                                                    
SB 323                                                                                            
A message dated June 17, 2004, and received June 23 was read stating                                
the Governor has signed the following bill and is transmitting the                                  
engrossed and enrolled copies to the Lieutenant Governor's office for                               
permanent filing:                                                                                   
                                                                                                    
    CS FOR SENATE BILL NO. 323(JUD) am H                                                            
    "An Act relating to a subcontractor's, contractor's, and project                                
    owner's liability for workers' compensation, to sole proprietors                                
    and partnerships without employees, and managers or managing                                    
    members of limited liability companies, and to the exclusiveness                                
    of liability for workers' compensation."                                                        
                                                                                                    
    Chapter No. 80, SLA 2004                                                                        
    Effective Date:  September 15, 2004                                                             
                                                                                                    
                                                                                                    
SB 327                                                                                            
A message dated June 17, 2004, and received June 23 was read stating                                
the Governor has signed the following bill and is transmitting the                                  
engrossed and enrolled copies to the Lieutenant Governor's office for                               
permanent filing:                                                                                   
                                                                                                    
    CS FOR SENATE BILL NO. 327(STA) am H                                                            
    "An Act relating to pedestrians using rollerblades, roller skates,                              
    and roller skis."                                                                               
                                                                                                    

2004-06-23                     House Journal                      Page 4468
    Chapter No. 81, SLA 2004                                                                        
    Effective Date:  September 15, 2004                                                             
                                                                                                    
SB 344                                                                                            
A message dated June 17, 2004, and received June 23 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 SENATE BILL NO. 344(JUD) am H                                                      
    "An Act relating to the Uniform Probate Code and trusts,                                        
    including pleadings, orders, nonprobate assets, estates of                                      
    decedents, minors, protected persons, incapacitated persons,                                    
    guardians, conservators, trustees, foreign trusts, principal and                                
    income, and transfer restrictions; relating to corporate voting                                 
    trusts; and providing for an effective date."                                                   
                                                                                                    
    Chapter No. 82, SLA 2004                                                                        
    Effective Date:  See Chapter                                                                    
                                                                                                    
                                                                                                    
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
HJR 101                                                                                           
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 101                                                                  
    Proposing amendments to the Constitution of the State of Alaska                                 
    relating to and limiting appropriations from the Alaska permanent                               
    fund based on an averaged percent of the fund market value.                                     
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Ogg, Samuels, Holm, McGuire                                                           
                                                                                                    
No recommendation (2):  Gruenberg, Anderson                                                         
                                                                                                    
Amend (1):  Gara                                                                                    
                                                                                                    

2004-06-23                     House Journal                      Page 4469
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
2.  Fiscal, Office of the Governor                                                                  
                                                                                                    
HJR 101 was referred to the Finance Committee.                                                      
                                                                                                    
HJR 102                                                                                           
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 102                                                                  
    Proposing amendments to the Constitution of the State of Alaska                                 
    relating to and limiting appropriations from the Alaska permanent                               
    fund based on an averaged percent of the fund market value and                                  
    relating to permanent fund dividend payments.                                                   
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
No recommendation (6):  Holm, Ogg, Gruenberg, Samuels, Anderson,                                    
McGuire                                                                                             
                                                                                                    
Amend (1):  Gara                                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
2.  Fiscal, Office of the Governor                                                                  
                                                                                                    
HJR 102 was referred to the Finance Committee.                                                      
                                                                                                    
HJR 103                                                                                           
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 103                                                                  
    Proposing amendments to the Constitution of the State of Alaska                                 
    relating to an appropriation limit.                                                             
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    

2004-06-23                     House Journal                      Page 4470
Do pass (3):  Samuels, Anderson, McGuire                                                            
                                                                                                    
No recommendation (3):  Holm, Gruenberg, Ogg                                                        
                                                                                                    
Amend (1):  Gara                                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Office of the Governor                                                                  
                                                                                                    
HJR 103 was referred to the Finance Committee.                                                      
                                                                                                    
HB 1001                                                                                           
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    HOUSE BILL NO. 1001                                                                             
    "An Act relating to taxes on cigarettes and tobacco products, to                                
    tax stamps on cigarettes, to forfeiture of cigarettes and of property                           
    used in the manufacture, transportation, possession, or sale of                                 
    unstamped cigarettes, to accounting for and use of part of the                                  
    proceeds of the additional cigarette tax, and to licenses and                                   
    licensees under the Cigarette Tax Act; relating to unfair cigarette                             
    sales; and providing for an effective date."                                                    
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Crawford, Guttenberg, Dahlstrom, Gatto, Rokeberg,                                     
Anderson                                                                                            
                                                                                                    
Do not pass (1):  Lynn                                                                              
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Public Safety                                                                  
2.  Fiscal, Dept. of Revenue                                                                        
3.  Fiscal, Dept. of Health & Social Services                                                       
                                                                                                    
HB 1001 was referred to the Finance Committee.                                                      
                                                                                                    

2004-06-23                     House Journal                      Page 4471
                             ANNOUNCEMENTS                                                       
                                                                                                    
The following meeting today has been changed as indicated:                                          
                                                                                                    
Finance Committee                                                                                   
CHANGED TO:                                              3:30 p.m., 6/23                            
                                                                                                    
The Speaker stated that, without objection, the House would recess to                               
5:00 p.m.; and so, the House recessed at 2:59 p.m.                                                  
                                                                                                    
                              AFTER RECESS                                                       
                                                                                                    
The Speaker called the House back to order at 8:33 p.m.                                             
                                                                                                    
**The presence of Representative Moses was noted.                                                   
                                                                                                    
The Speaker stated that without objection, the House would revert to:                               
                                                                                                    
                        MESSAGES FROM THE SENATE                                                 
                                                                                                    
A message dated June 23, 2004, was read stating the Senate has passed                               
the following and it is transmitted for consideration:                                              
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                         OF SENATE RESOLUTIONS                                                   
                                                                                                    
SB 1001                                                                                           
SENATE BILL NO. 1001 by the Senate Rules Committee by request                                       
of the Governor, entitled:                                                                          
                                                                                                    
    "An Act relating to taxes on cigarettes and tobacco products, to                                
    tax stamps on cigarettes, to forfeiture of cigarettes and of property                           
    used in the manufacture, transportation, possession, or sale of                                 
    unstamped cigarettes, to accounting for and use of part of the                                  
    proceeds of the additional cigarette tax, and to licenses and                                   
    licensees under the Cigarette Tax Act; relating to unfair cigarette                             
    sales; and providing for an effective date."                                                    
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    

2004-06-23                     House Journal                      Page 4472
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
HJR 101                                                                                           
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 101                                                                  
    Proposing amendments to the Constitution of the State of Alaska                                 
    relating to and limiting appropriations from the Alaska permanent                               
    fund based on an averaged percent of the fund market value.                                     
                                                                                                    
The report was signed by Representative Williams, Co-chair, with the                                
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Hawker, Foster, Williams                                                              
                                                                                                    
Do not pass (1):  Chenault                                                                          
                                                                                                    
No recommendation (5):  Meyer, Stoltze, Joule, Croft, Fate                                          
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
2.  Fiscal, Office of the Governor                                                                  
                                                                                                    
HJR 101 was referred to the Rules Committee for placement on the                                    
calendar.                                                                                           
                                                                                                    
                                                                                                    
HJR 102                                                                                           
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 102                                                                  
    Proposing amendments to the Constitution of the State of Alaska                                 
    relating to and limiting appropriations from the Alaska permanent                               
    fund based on an averaged percent of the fund market value and                                  
    relating to permanent fund dividend payments.                                                   
                                                                                                    
The report was signed by Representative Williams, Co-chair, with the                                
following individual recommendations:                                                               
                                                                                                    

2004-06-23                     House Journal                      Page 4473
Do pass (1):  Williams                                                                              
                                                                                                    
Do not pass (4):  Hawker, Croft, Chenault, Fate                                                     
                                                                                                    
No recommendation (3):  Meyer, Moses, Foster                                                        
                                                                                                    
Amend (2):  Stoltze, Joule                                                                          
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
2.  Fiscal, Office of the Governor                                                                  
                                                                                                    
HJR 102 was referred to the Rules Committee for placement on the                                    
calendar.                                                                                           
                                                                                                    
                                                                                                    
HJR 103                                                                                           
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 103                                                                  
    Proposing amendments to the Constitution of the State of Alaska                                 
    relating to an appropriation limit.                                                             
                                                                                                    
The report was signed by Representative Williams, Co-chair, with the                                
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Stoltze, Chenault, Foster                                                             
                                                                                                    
Do not pass (3):  Joule, Croft, Fate                                                                
                                                                                                    
No recommendation (4):  Meyer, Hawker, Moses, Williams                                              
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Office of the Governor                                                                  
                                                                                                    
HJR 103 was referred to the Rules Committee for placement on the                                    
calendar.                                                                                           
                                                                                                    

2004-06-23                     House Journal                      Page 4474
HB 1003                                                                                           
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 1003                                                                             
    "An Act relating to the income of and appropriations from the                                   
    Alaska permanent fund under art. IX, sec. 15(b), Constitution of                                
    the State of Alaska, and making conforming amendments; relating                                 
    to permanent fund dividend payments of at least $1,000; relating                                
    to the determination of net income of the mental health trust fund;                             
    and providing for an effective date."                                                           
                                                                                                    
The report was signed by Representative Williams, Co-chair, with the                                
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Hawker, Foster                                                                        
                                                                                                    
Do not pass (2):  Fate, Croft                                                                       
                                                                                                    
No recommendation (3):  Meyer, Moses, Williams                                                      
                                                                                                    
Amend (2):  Stoltze, Joule                                                                          
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
                                                                                                    
HB 1003 was referred to the Rules Committee for placement on the                                    
calendar.                                                                                           
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 9:00 a.m., June 24, 2004.  There being no                                       
objection, the House adjourned at 8:36 p.m.                                                         
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk