Legislature(2003 - 2004)

2004-02-02 House Journal

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2004-02-02                     House Journal                      Page 2447
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
               TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                        
                                                                                                    
Juneau, Alaska                    Monday               February 2, 2004                           
                                                                                                    
                           Twenty-second Day                                                   
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 11:01 a.m.                                                                                  
                                                                                                    
                                                                                                    
Roll call showed 36 members present.  Representative Heinze had                                     
been previously excused from a call of the House today.                                             
Representatives Croft, McGuire, and Weyhrauch were absent and their                                 
presence was noted later.                                                                           
                                                                                                    
                                                                                                    
The invocation was offered by the Chaplain, Major Larry Fankhauser                                  
of The Salvation Army.  Representative Fate moved and asked                                         
unanimous consent that the invocation be spread on the journal.  There                              
being no objection, it was so ordered.                                                              
                                                                                                    
    Dear God,                                                                                       
                                                                                                    
    We thank You for this new day and the opportunities it                                          
    presents to serve You and those in our areas of influence.  I                                   
    pray for each representative here today and would ask that                                      
    Your Holy Spirit would be upon each one; granting them the                                      
    insight, sensitivity, and purpose needed for the task that is                                   
    theirs.  As one nation under God, just as our forefathers                                       
    looked to You for leading and direction, so we find ourselves                                   
    needing to trust that You will be there to show us the way to                                   
    go.  The responsibility to serve the people of this great state is                              
    heavy, but we thank You that we can look to You to help us                                      
    carry that load.  In Jesus' name I pray, Amen.                                                  
                                                                                                    
The Pledge of Allegiance was led by Representative Dahlstrom.                                       

2004-02-02                     House Journal                      Page 2448
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 18th, 19th, 20th, and 21st legislative days be approved                             
as certified by the Chief Clerk.  There being no objection, it was so                               
ordered.                                                                                            
                                                                                                    
                       MESSAGES FROM THE GOVERNOR                                                
                                                                                                    
Declarations of Disaster Emergencies dated January 29, 2004, with                                   
accompanying letters and spreadsheets were received and are on file in                              
the Chief Clerk's office.                                                                           
                                                                                                    
                                                                                                    
A message dated January 30, 2004, was read stating the Governor has                                 
accepted the invitation to address a joint session in the House                                     
Chamber at 11:00 a.m., February 4 to present an update on the                                       
administration's actions regarding a gas pipeline.                                                  
                                                                                                    
**The presence of Representative McGuire was noted.                                                 
                                                                                                    
                        MESSAGES FROM THE SENATE                                                 
                                                                                                    
A message dated January 30, 2004, was read stating the Senate has                                   
accepted the invitation to meet in joint session in the House Chamber                               
at 11:00 a.m., March 16 to hear an address by the Honorable Lisa                                    
Murkowski, U.S. Senator.                                                                            
                                                                                                    
A message dated January 30, 2004, was read stating the Senate has                                   
confirmed the appointment of H. Conner Thomas and Ann Rabinowitz                                    
as public members to the Select Committee on Legislative Ethics.                                    
                                                                                                    
                             COMMUNICATIONS                                                      
                                                                                                    
The following was received:                                                                         
                                                                                                    
Dept. of Labor & Workforce Development                                                              
Nonresidents Working in Alaska - 2002                                                               
January 30, 2004                                                                                    
(as required by AS 36.10.130)                                                                       

2004-02-02                     House Journal                      Page 2449
HCR 6                                                                                             
Pursuant to:                                                                                        
                                                                                                    
             CS FOR HOUSE CONCURRENT RESOLUTION NO. 6(FSH)                                         
    Relating to the continuation of the Joint Legislative Salmon                                    
    Industry Task Force until 2004.                                                                 
                                                                                                    
    Legislative Resolve No. 3                                                                       
                                                                                                    
The following was received:                                                                         
                                                                                                    
Joint Legislative Salmon Industry Task Force                                                        
Report to the 23rd Alaska State Legislature                                                         
January 31, 2004                                                                                    
                                                                                                    
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
HB 93                                                                                             
The Finance Committee has considered:                                                               
                                                                                                    
                                                                                                    
    HOUSE BILL NO. 93                                                                               
    "An Act relating to boating safety; repealing secs. 3, 5, 7, 9, 11,                             
    14, 16, 18, 20, 23, 26, 27, and 30, ch. 28, SLA 2000; and                                       
    providing for an effective date."                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 93(FIN)                                                                   
    "An Act relating to boating safety, registration, and numbering;                                
    extending the sunset date of changes in ch. 28, SLA 2000; and                                   
    providing for an effective date."                                                               
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (4):  Meyer, Fate, Foster, Williams                                                         
                                                                                                    
No recommendation (6):  Hawker, Stoltze, Joule, Croft, Chenault,                                    
Harris                                                                                              
                                                                                                    

2004-02-02                     House Journal                      Page 2450
The following fiscal note(s) apply to CSHB 93(FIN):                                                 
                                                                                                    
3.  Zero, Dept. of Natural Resources                                                                
4.  Fiscal, Dept. of Administration                                                                 
                                                                                                    
HB 93 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
                                                                                                    
Honoring - Mr. Carl Brady, Jr.                                                                      
By Senator French; Representative Berkowitz                                                         
                                                                                                    
                                                                                                    
Honoring - Mr. William "Bill" J. Tobin                                                              
By Senator French; Representative Berkowitz                                                         
                                                                                                    
                                                                                                    
In Memoriam - Cynthia E. Samuelson                                                                  
By Representative Moses                                                                             
                                                                                                    
                                                                                                    
In Memoriam - Dr. Harriet "Rusty" Bellringer                                                        
By Representatives Stoltze, Dahlstrom; Senator Ogan                                                 
                                                                                                    
                                                                                                    
In Memoriam - Ivar Wallin                                                                           
By Representative Ogg; Senator Gary Stevens                                                         
                                                                                                    
                                                                                                    
In Memoriam - Charles Edwin Saunders                                                                
By Representative Ogg, Senator Gary Stevens                                                         
                                                                                                    
                                                                                                    
**The presence of Representative Weyhrauch was noted.                                               
                                                                                                    

2004-02-02                     House Journal                      Page 2451
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                             OF HOUSE BILLS                                                      
                                                                                                    
HB 416                                                                                            
HOUSE BILL NO. 416 by Representative Williams by request,                                           
entitled:                                                                                           
                                                                                                    
    "An Act relating to physician reports regarding driver safety, to                               
    driver's courses, and to driver licensing."                                                     
                                                                                                    
was read the first time and referred to the State Affairs, Health,                                  
Education & Social Services, and Finance Committees.                                                
                                                                                                    
**The presence of Representative Croft was noted.                                                   
                                                                                                    
HB 417                                                                                            
HOUSE BILL NO. 417 by Representative Chenault, entitled:                                            
                                                                                                    
    "An Act amending the definition of 'project' in the Act                                         
    establishing the Alaska Natural Gas Development Authority; and                                  
    providing for an effective date."                                                               
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Oil & Gas and the Resources Committee.                                                              
                                                                                                    
                                                                                                    
HB 418                                                                                            
HOUSE BILL NO. 418 by the House Labor & Commerce Committee,                                         
entitled:                                                                                           
                                                                                                    
    "An Act extending the termination date of the Real Estate                                       
    Commission; and providing for an effective date."                                               
                                                                                                    
was read the first time and referred to the Labor & Commerce                                        
Committee.                                                                                          
                                                                                                    
                                                                                                    
HB 419                                                                                            
HOUSE BILL NO. 419 by Representative Ogg by request of the Joint                                    
Legislative Salmon Industry Task Force, entitled:                                                   

2004-02-02                     House Journal                      Page 2452
    "An Act relating to regional seafood development associations and                               
    to regional seafood development taxes."                                                         
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Economic Development, International Trade, & Tourism and the                                        
Resources and Finance Committees.                                                                   
                                                                                                    
                                                                                                    
HB 420                                                                                            
HOUSE BILL NO. 420 by the House Special Committee on Oil &                                          
Gas, entitled:                                                                                      
                                                                                                    
    "An Act relating to recovery of shallow natural gas; and providing                              
    for an effective date."                                                                         
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Oil & Gas and the Resources and Finance Committees.                                                 
                                                                                                    
                                                                                                    
HB 421                                                                                            
HOUSE BILL NO. 421 by Representative Anderson, entitled:                                            
                                                                                                    
    "An Act relating to reconveyances of deeds of trust."                                           
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Judiciary Committees.                                                                               
                                                                                                    
                                                                                                    
HB 422                                                                                            
HOUSE BILL NO. 422 by the House Finance Committee, entitled:                                        
                                                                                                    
    "An Act repealing the special subaccount established in the                                     
    constitutional budget reserve fund; relating to the powers of the                               
    Department of Revenue for the investment of amounts in the                                      
    constitutional budget reserve fund; and providing for an effective                              
    date."                                                                                          
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    

2004-02-02                     House Journal                      Page 2453
HB 423                                                                                            
HOUSE BILL NO. 423 by Representative Anderson, entitled:                                            
                                                                                                    
    "An Act relating to accidents involving the vehicle of a person                                 
    under the influence of an alcoholic beverage; and providing for an                              
    effective date."                                                                                
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
HB 424                                                                                            
HOUSE BILL NO. 424 by Representative Holm, entitled:                                                
                                                                                                    
    "An Act relating to review of regulations under the Administrative                              
    Procedure Act by the Legislative Affairs Agency; and providing                                  
    for an effective date."                                                                         
                                                                                                    
was read the first time and referred to the joint Administrative                                    
Regulation Review Committee and the Judiciary Committee.                                            
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 31                                                                                             
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 31                                                                               
    "An Act relating to initiative and referendum petitions; and                                    
    providing for an effective date."                                                               
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 STA RPT 2DP 4NR                                                      703                           
 FN1: ZERO(GOV)                                                       704                           
 JUD RPT 4DP 1DNP 1NR                                                1088                           
 FN1: ZERO(GOV)                                                      1088                           
                                                                                                    
The Rules Committee submitted the following updated fiscal note:                                    
                                                                                                    
2.  Zero, Office of the Governor                                                                    
                                                                                                    

2004-02-02                     House Journal                      Page 2454
Representative Coghill moved and asked unanimous consent that                                       
HB 31 be considered engrossed, advanced to third reading, and placed                                
on final passage.                                                                                   
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The Speaker stated that HB 31 will advance to third reading on the                                  
February 4, 2004, calendar.                                                                         
                                                                                                    
HB 374                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 374                                                                              
    "An Act establishing the SeniorCare program and relating to that                                
    program; and providing for an effective date."                                                  
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 HES RPT 3DP 4NR                                                     2319                           
 FN1: (HSS); FN2: (HSS)                                              2320                           
 FN3: (HSS); FN4: (HSS)                                              2320                           
 FN5: (HSS)                                                          2320                           
 FIN RPT CS(FIN) NT 8DP 2NR                                          2406                           
 FN6: (HSS); FN7: (HSS)                                              2407                           
 FN8: (HSS); FN9: (HSS)                                              2407                           
 FN10: (HSS)                                                         2407                           
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    CS FOR HOUSE BILL NO. 374(FIN)                                                                  
    "An Act establishing the senior care program and relating to that                               
    program; creating a new fund for the provision of senior services;                              
    relating to aid to senior citizens; and providing for an effective                              
    date."                                                                                          
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representative Cissna:                                               
                                                                                                    

2004-02-02                     House Journal                      Page 2455
Page 1, following line 4:                                                                           
         Insert a new bill section to read:                                                         
"* Section 1.  The uncodified law of the State of Alaska is amended                               
by adding a new section to read:                                                                    
         INTENT TO FUND LONGEVITY BONUS PROGRAM.  It                                                
is the intent of the legislature to fund the longevity bonus program                                
(AS 47.45) fully for fiscal year 2005."                                                             
                                                                                                    
Page 1, line 5:                                                                                     
         Delete "Section 1"                                                                       
         Insert "Sec. 2"                                                                          
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 4, following line 22:                                                                          
    Insert a new subsection to read:                                                                
    "(o)  An individual who receives a payment under AS 47.45                                       
(longevity bonus program) may not receive cash assistance or                                        
prescription drug benefits under this section for the same fiscal year."                            
                                                                                                    
Reletter the following subsection accordingly.                                                      
                                                                                                    
Page 5, line 5:                                                                                     
    Delete "sec. 1"                                                                                 
    Insert "sec. 2"                                                                                 
                                                                                                    
Page 5, line 23:                                                                                    
    Delete "sec. 2"                                                                                 
    Insert "sec. 3"                                                                                 
                                                                                                    
                                                                                                    
Representative Cissna moved and asked unanimous consent that                                        
Amendment No. 1 be adopted.                                                                         
                                                                                                    
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                

2004-02-02                     House Journal                      Page 2456
                                                                                                    
CSHB 374(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  12   NAYS:  23   EXCUSED:  1   ABSENT:  4                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Joule, Kapsner, Kookesh, Lynn, Moses                                                    
                                                                                                    
Nays:  Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Hawker,                                   
Holm, Kohring, Kott, Masek, McGuire, Meyer, Morgan, Ogg,                                            
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams, Wilson,                                    
Wolf                                                                                                
                                                                                                    
Excused:  Heinze                                                                                    
                                                                                                    
Absent:  Anderson, Harris, Kerttula, Weyhrauch                                                      
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
Amendment No. 2 was offered  by Representative Kapsner:                                              
                                                                                                    
Page 2, lines 20 - 22, following "program.":                                                        
 Delete all material.                                                                               
                                                                                                    
Page 3, lines 22 - 25:                                                                              
 Delete all material.                                                                               
                                                                                                    
Reletter the following subsections accordingly.                                                     
                                                                                                    
Representative Kapsner moved and asked unanimous consent that                                       
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Hawker objected.                                                                     
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
the question be divided.                                                                            
                                                                                                    
The Speaker ruled that the question was divisible.                                                  
                                                                                                    
There being no objection, Amendment No. 2 was divided.                                              
                                                                                                    

2004-02-02                     House Journal                      Page 2457
Amendment No. 2, Part A:                                                                            
                                                                                                    
Page 2, lines 20 - 22, following "program.":                                                        
 Delete all material.                                                                               
                                                                                                    
The question being:  "Shall Amendment No. 2, Part A, be adopted?"                                   
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 374(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 2, Part A                                                                             
                                                                                                    
YEAS:  12   NAYS:  24   EXCUSED:  1   ABSENT:  3                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Joule, Kapsner, Kerttula, Kookesh, Morgan                                               
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Holm, Kohring, Kott, Lynn, Masek, Meyer, Ogg,                                       
Rokeberg, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                  
Wolf                                                                                                
                                                                                                    
Excused:  Heinze                                                                                    
                                                                                                    
Absent:  McGuire, Moses, Samuels                                                                    
                                                                                                    
And so, Amendment No. 2, Part A, was not adopted.                                                   
                                                                                                    
Amendment No. 2, Part B:                                                                            
                                                                                                    
Page 3, lines 22 - 25:                                                                              
 Delete all material.                                                                               
                                                                                                    
Reletter the following subsections accordingly.                                                     
                                                                                                    
Representative Kapsner moved and asked unanimous consent to                                         
withdraw Amendment No. 2, Part B.  There being no objection, it was                                 
so ordered.                                                                                         
                                                                                                    
Amendment No. 3 was not offered.                                                                    
                                                                                                    
Amendment No. 4 was offered  by Representative Cissna:                                               
                                                                                                    

2004-02-02                     House Journal                      Page 2458
Page 2, line 26:                                                                                    
 Delete "$1,600"                                                                                    
 Insert "$2,000"                                                                                    
                                                                                                    
Page 3, line 2:                                                                                     
 Delete "$1,000"                                                                                    
 Insert "$1,500"                                                                                    
                                                                                                    
Representative Cissna moved and asked unanimous consent that                                        
Amendment No. 4 be adopted.                                                                         
                                                                                                    
Representative Wilson objected.                                                                     
                                                                                                    
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 374(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 4                                                                                     
                                                                                                    
YEAS:  14   NAYS:  22   EXCUSED:  1   ABSENT:  3                                                  
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Crawford, Croft, Gara,                                          
Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kookesh, Lynn,                                     
Weyhrauch                                                                                           
                                                                                                    
Nays:  Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris,                                   
Hawker, Holm, Kohring, Kott, Masek, Meyer, Morgan, Ogg,                                             
Rokeberg, Seaton, Stepovich, Stoltze, Williams, Wilson, Wolf                                        
                                                                                                    
Excused:  Heinze                                                                                    
                                                                                                    
Absent:  McGuire, Moses, Samuels                                                                    
                                                                                                    
And so, Amendment No. 4 was not adopted.                                                            
                                                                                                    
                                                                                                    
Amendment No. 5 was offered  by Representative Guttenberg:                                           
                                                                                                    
Page 2, line 19:                                                                                    
 Delete "$120"                                                                                      
 Insert "$150"                                                                                      
                                                                                                    

2004-02-02                     House Journal                      Page 2459
Representative Guttenberg moved and asked unanimous consent that                                    
Amendment No. 5 be adopted.                                                                         
                                                                                                    
Representative Williams objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 5 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 374(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 5                                                                                     
                                                                                                    
YEAS:  13   NAYS:  23   EXCUSED:  1   ABSENT:  3                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Joule, Kapsner, Kerttula, Kookesh, Lynn, Morgan                                         
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Holm, Kohring, Kott, Masek, Meyer, Ogg, Rokeberg,                                   
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                       
                                                                                                    
Excused:  Heinze                                                                                    
                                                                                                    
Absent:  McGuire, Moses, Samuels                                                                    
                                                                                                    
And so, Amendment No. 5 was not adopted.                                                            
                                                                                                    
Amendment No. 6 was offered  by Representative Cissna:                                               
                                                                                                    
Page 2, line 7, following "section;":                                                               
    Insert "however, for the purposes of determining eligibility under                              
    this subparagraph, each individual applicant shall be treated as if                             
    that individual were the only individual in the household;"                                     
                                                                                                    
Page 2, line 11, following "section;":                                                              
    Insert "however, for the purposes of determining eligibility under                              
    this subparagraph, each individual applicant shall be treated as if                             
    that individual were the only individual in the household;"                                     
                                                                                                    
Representative Cissna moved and asked unanimous consent that                                        
Amendment No. 6 be adopted.                                                                         
                                                                                                    
Representative Hawker objected.                                                                     
                                                                                                    

2004-02-02                     House Journal                      Page 2460
The question being:  "Shall Amendment No. 6 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 374(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 6                                                                                     
                                                                                                    
YEAS:  16   NAYS:  17   EXCUSED:  1   ABSENT:  6                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gatto, Gruenberg,                                  
Guttenberg, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn, Morgan,                                  
Stoltze                                                                                             
                                                                                                    
Nays:  Anderson, Coghill, Dahlstrom, Fate, Foster, Harris, Hawker,                                  
Holm, Kohring, McGuire, Meyer, Ogg, Seaton, Stepovich,                                              
Weyhrauch, Williams, Wilson                                                                         
                                                                                                    
Excused:  Heinze                                                                                    
                                                                                                    
Absent:  Chenault, Masek, Moses, Rokeberg, Samuels, Wolf                                            
                                                                                                    
And so, Amendment No. 6 was not adopted.                                                            
                                                                                                    
                                                                                                    
Amendment No. 7 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 4, line 3:                                                                                     
 Delete "30"                                                                                        
 Insert "60"                                                                                        
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 7 be adopted.                                                                         
                                                                                                    
Representative Harris objected.                                                                     
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 7 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 374(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 7                                                                                     
                                                                                                    
YEAS:  18   NAYS:  19   EXCUSED:  1   ABSENT:  2                                                  
                                                                                                    

2004-02-02                     House Journal                      Page 2461
Yeas:  Anderson, Berkowitz, Cissna, Crawford, Gara, Gruenberg,                                      
Guttenberg, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn, McGuire,                                 
Ogg, Samuels, Stoltze, Wilson                                                                       
                                                                                                    
Nays:  Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris,                                   
Hawker, Holm, Kohring, Masek, Meyer, Morgan, Rokeberg, Seaton,                                      
Stepovich, Weyhrauch, Williams, Wolf                                                                
                                                                                                    
Excused:  Heinze                                                                                    
                                                                                                    
Absent:  Croft, Moses                                                                               
                                                                                                    
And so, Amendment No. 7 was not adopted.                                                            
                                                                                                    
The Speaker stated that, without objection, the House would recess                                  
until 5:00 p.m.; and so, the House recessed at 12:46 p.m.                                           
                                                                                                    
                              AFTER RECESS                                                       
                                                                                                    
The Speaker called the House back to order at 5:12 p.m.                                             
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                              (Continued)                                                          
                                                                                                    
HB 374                                                                                            
CSHB 374(FIN) was before the House in second reading.                                               
                                                                                                    
Amendment No. 8 was offered  by Representative Gara:                                                 
                                                                                                    
Page 3, line 27, following "facility.":                                                             
    Insert "For purposes of this subsection, an individual is not                                   
considered to be residing in a public institution or nursing facility if                            
the individual is institutionalized for medical services for a period of                            
less than three months and continues to maintain and provide for the                                
expenses of the individual's home or living arrangement to which that                               
individual may return upon discharge from the institution or facility."                             
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 8 be adopted.                                                                         
                                                                                                    
Representative Coghill objected and withdrew the objection.  There                                  
being no further objection, Amendment No. 8 was adopted.                                            

2004-02-02                     House Journal                      Page 2462
Amendment No. 9 was offered  by Representative Gruenberg:                                            
                                                                                                    
Page 5, line 18, following "operational":                                                           
 Insert "at the same level"                                                                         
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment No. 9 be adopted.                                                                         
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
Representative Gruenberg moved and asked unanimous consent to                                       
withdraw Amendment No. 9.  There being no objection, it was so                                      
ordered.                                                                                            
                                                                                                    
Amendment No. 10 was not offered.                                                                   
                                                                                                    
Amendment No. 11 was offered  by Representative Berkowitz:                                           
                                                                                                    
Page 4, lines 1 - 2:                                                                                
   Delete "parent, spouse, sibling, grandchild, child, or stepchild"                               
    Insert "family member"                                                                          
                                                                                                    
Page 4, following line 27:                                                                          
    Insert a new paragraph to read:                                                                 
              "(4)  "family member" means a person who is                                          
                  (A)  legally related to the individual through marriage                           
             or guardianship; or                                                                    
                  (B)  the individual's sibling, parent, grandparent, son,                          
             daughter, grandson, granddaughter, uncle, aunt, niece,                                 
             nephew, or first cousin."                                                              
                                                                                                    
Renumber the following paragraphs accordingly.                                                      
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 11 be adopted.                                                                        
                                                                                                    
Representative Williams objected and withdrew the objection.  There                                 
being no further objection, Amendment No. 11 was adopted.                                           
                                                                                                    
Amendment No. 12 was not offered.                                                                   
                                                                                                    

2004-02-02                     House Journal                      Page 2463
Amendment No. 13 was offered  by Representatives Kerttula and Gara:                                  
                                                                                                    
Page 3, lines 26 - 27:                                                                              
 Delete all material.                                                                               
                                                                                                    
Reletter the following subsections accordingly.                                                     
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 13 be adopted.                                                                        
                                                                                                    
Representative Hawker objected.                                                                     
                                                                                                    
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. 13 be adopted?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CSHB 374(FIN) am                                                                                    
Second Reading                                                                                      
Amendment No. 13                                                                                    
                                                                                                    
YEAS:  13   NAYS:  25   EXCUSED:  1   ABSENT:  1                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Joule, Kapsner, Kerttula, Kookesh, Lynn, Moses                                          
                                                                                                    
Nays:  Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris,                                   
Hawker, Holm, Kohring, Kott, Masek, McGuire, Meyer, Morgan,                                         
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch,                                      
Williams, Wilson, Wolf                                                                              
                                                                                                    
Excused:  Heinze                                                                                    
                                                                                                    
Absent:  Anderson                                                                                   
                                                                                                    
And so, Amendment No. 13 was not adopted.                                                           
                                                                                                    
Amendment No. 14 was not offered.                                                                   
                                                                                                    

2004-02-02                     House Journal                      Page 2464
Amendment No. 15 was offered  by Representatives McGuire and                                         
Kott:                                                                                               
                                                                                                    
Page 3, lines 17 - 18:                                                                              
 Delete "The brand-name drug is"                                                                    
                                                                                                    
Page 3, lines 18 - 19, following "medically necessary":                                             
 Delete "and the prescriber states the reason that the brand-name                                   
drug is medically necessary"                                                                        
                                                                                                    
Representative McGuire moved and asked unanimous consent that                                       
Amendment No. 15 be adopted.                                                                        
                                                                                                    
Representative Williams objected.                                                                   
                                                                                                    
Representatives Rokeberg, Lynn, Ogg, and Gruenberg 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. 15 be adopted?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CSHB 374(FIN) am                                                                                    
Second Reading                                                                                      
Amendment No. 15                                                                                    
                                                                                                    
YEAS:  24   NAYS:  14   EXCUSED:  1   ABSENT:  1                                                  
                                                                                                    
Yeas:  Anderson, Berkowitz, Dahlstrom, Fate, Gara, Gatto,                                           
Gruenberg, Guttenberg, Harris, Holm, Joule, Kapsner, Kerttula,                                      
Kookesh, Kott, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                         
Samuels, Stepovich, Wilson                                                                          
                                                                                                    
Nays:  Chenault, Cissna, Coghill, Crawford, Croft, Foster, Hawker,                                  
Kohring, Masek, Seaton, Stoltze, Weyhrauch, Williams, Wolf                                          
                                                                                                    
Excused:  Heinze                                                                                    
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, Amendment No. 15 was adopted.                                                               
                                                                                                    

2004-02-02                     House Journal                      Page 2465
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 374(FIN) am be considered engrossed, advanced to third                                         
reading, and placed on final passage.                                                               
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The Speaker stated that CSHB 374(FIN) am will advance to third                                      
reading on the February 4, 2004, calendar.                                                          
                                                                                                    
                  SECOND READING OF HOUSE RESOLUTIONS                                            
                                                                                                    
HJR 5                                                                                             
The following was read the second time:                                                             
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 5                                                                    
    Proposing an amendment to the Constitution of the State of                                      
    Alaska relating to initiative and referendum petitions.                                         
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 STA RPT 1DP 5NR                                                      703                           
 FN1: (GOV)                                                           703                           
 JUD RPT 4DP 1DNP 1NR                                                1087                           
 FN1: (GOV)                                                          1088                           
 FIN RPT 4DP 2DNP 1NR 1AM                                            1228                           
 FN1: (GOV)                                                          1229                           
                                                                                                    
The Rules Committee submitted the following updated fiscal note:                                    
                                                                                                    
2.  Zero, Office of the Governor                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
HJR 5 be considered engrossed, advanced to third reading, and placed                                
on final passage.                                                                                   
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
The Speaker stated that HJR 5 will advance to third reading on the                                  
February 4, 2004, calendar.                                                                         
                                                                                                    

2004-02-02                     House Journal                      Page 2466
                         LEGISLATIVE CITATIONS                                                   
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citations on the calendar.  There being no                                        
objection, the following citations were approved and sent to enrolling:                             
                                                                                                    
Honoring - Service High School Hockey Team 2002 - 2003 State                                        
Champions                                                                                           
By Representatives Rokeberg, Meyer, Hawker, McGuire, Samuels,                                       
Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                     
Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                 
Heinze, Holm, Joule, Kapsner, Kohring, Lynn, Masek, Seaton,                                         
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
Honoring - Kodiak Electric Association for Its Outstanding Efforts to                               
Reduce Raptor Losses                                                                                
By Senator Gary Stevens; Representatives Kott, Anderson, Berkowitz,                                 
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto,                                 
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kohring, Lynn, Masek, McGuire, Meyer, Ogg, Rokeberg,                                       
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
                                                                                                    
In Memoriam - George Wehmhoff                                                                       
By Representatives Stoltze, Berkowitz, Kott, Anderson, Chenault,                                    
Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto,                                   
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kohring, Masek, McGuire, Meyer, Rokeberg, Samuels,                                         
Seaton, Stepovich, Weyhrauch, Williams, Wilson, Wolf; Senator                                       
French                                                                                              
                                                                                                    
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
Representative Coghill moved that the House confirm the appointment                                 
of H. Conner Thomas to the Select Committee on Legislative Ethics.                                  
                                                                                                    
The question being:  "Shall the House confirm the appointment of                                    
H. Conner Thomas to the Select Committee on Legislative Ethics?"                                    

2004-02-02                     House Journal                      Page 2467
The roll was taken with the following result:                                                       
                                                                                                    
                                                                                                    
Select Committee on Legislative Ethics                                                              
Confirm Appointment of H. Conner Thomas                                                             
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                   
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                           
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Excused:  Heinze                                                                                    
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, the appointment was confirmed.                                                              
                                                                                                    
Representative Coghill moved that the House confirm the appointment                                 
of Ann Rabinowitz to the Select Committee on Legislative Ethics.                                    
                                                                                                    
The question being:  "Shall the House confirm the appointment of Ann                                
Rabinowitz to the Select Committee on Legislative Ethics?"  The roll                                
was taken with the following result:                                                                
                                                                                                    
                                                                                                    
Select Committee on Legislative Ethics                                                              
Confirm Appointment of Ann Rabinowitz                                                               
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                   
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                           
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Excused:  Heinze                                                                                    
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, the appointment was confirmed.                                                              
                                                                                                    

2004-02-02                     House Journal                      Page 2468
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 Harris - from morning plane time, February 5 to                                      
evening plane time, February 8, 2004; and from morning plane time,                                  
February 26 to evening plane time, February 29, 2004                                                
                                                                                                    
Representative Moses - from 7:24 a.m., February 10 to 9:02 p.m.,                                    
February 16, 2004                                                                                   
                                                                                                    
HB 423                                                                                            
The Speaker added a State Affairs Committee referral to follow the                                  
Judiciary Committee referral for the following:                                                     
                                                                                                    
    HOUSE BILL NO. 423                                                                              
    "An Act relating to accidents involving the vehicle of a person                                 
    under the influence of an alcoholic beverage; and providing for an                              
    effective date."                                                                                
                                                                                                    
HB 423 is in the Judiciary Committee.                                                               
                                                                                                    
                                                                                                    
HB 424                                                                                            
The Speaker removed the joint Administrative Regulation Review                                      
Committee referral for the following:                                                               
                                                                                                    
    HOUSE BILL NO. 424                                                                              
    "An Act relating to review of regulations under the Administrative                              
    Procedure Act by the Legislative Affairs Agency; and providing                                  
    for an effective date."                                                                         
                                                                                                    
HB 424 was referred to the Judiciary Committee.                                                     
                                                                                                    
                                                                                                    
SB 183                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 2126) on the following at                                   
this time:                                                                                          
                                                                                                    

2004-02-02                     House Journal                      Page 2469
    HOUSE CS FOR CS FOR SENATE BILL NO. 183(CRA) am H                                               
    "An Act relating to municipal property taxation in annexed and                                  
    detached areas; and authorizing certain boroughs to use revenue                                 
    collected on an areawide or nonareawide basis for economic                                      
    development; and providing for an effective date."                                              
                                                                                                    
 (HCR 24 - title change resolution)                                                                 
                                                                                                    
and                                                                                                 
                                                                                                    
    CS FOR SENATE BILL NO. 183(STA)                                                                 
    "An Act authorizing certain boroughs to use revenue collected on                                
      an areawide or nonareawide basis for economic development."                                  
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House recede from its                                         
amendment to CSSB 183(STA), namely HCS CSSB 183(CRA) am H,                                          
and recommended that the members vote yes.                                                          
                                                                                                    
Representative Coghill moved and asked unanimous consent to                                         
withdraw the motion that the House recede from its amendment to                                     
CSSB 183(STA).  There being no objection, it was so ordered.                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent to                                         
withdraw the motion to consider the Senate message.  There being no                                 
objection, it was so ordered.                                                                       
                                                                                                    
HCS CSSB 183(CRA) am H is under Unfinished Business.                                                
                                                                                                    
HJR 5                                                                                             
Representative Wilson added her name as cosponsor to:                                               
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 5                                                                    
    Proposing an amendment to the Constitution of the State of                                      
    Alaska relating to initiative and referendum petitions.                                         
                                                                                                    
HJR 32                                                                                            
Representatives Moses, Coghill, and Wilson added their names as                                     
cosponsors to:                                                                                      
                                                                                                    

2004-02-02                     House Journal                      Page 2470
    HOUSE JOINT RESOLUTION NO. 32                                                                   
      Relating to the labeling of salmon and salmon food products.                                 
                                                                                                    
HB 25                                                                                             
Representative Morgan added his name as cosponsor to:                                               
                                                                                                    
    CS FOR HOUSE BILL NO. 25(JUD)                                                                   
    "An Act relating to health care decisions, including do not                                     
    resuscitate orders, anatomical gifts, and mental health treatment                               
    decisions, and to powers of attorney relating to health care,                                   
    including anatomical gifts and mental health treatment decisions;                               
    and providing for an effective date."                                                           
                                                                                                    
HB 31                                                                                             
Representative Morgan added his name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 31                                                                               
    "An Act relating to initiative and referendum petitions; and                                    
    providing for an effective date."                                                               
                                                                                                    
HB 36                                                                                             
Representative Morgan added his name as cosponsor to:                                               
                                                                                                    
    CS FOR HOUSE BILL NO. 36(L&C) am                                                                
    "An Act relating to unlawful electronic mail activities and making                              
    certain electronic mail activities unfair methods of competition or                             
    unfair or deceptive acts or practices under the state's unfair trade                            
    practices and consumer protection laws; and providing for an                                    
    effective date."                                                                                
                                                                                                    
HB 92                                                                                             
Representative Morgan added his name as cosponsor to:                                               
                                                                                                    
    CS FOR HOUSE BILL NO. 92(JUD) am                                                                
    "An Act relating to reports by members of the clergy who have                                   
    reasonable cause to suspect that a child has suffered harm as a                                 
    result of child abuse or neglect."                                                              
                                                                                                    
HB 98                                                                                             
Representative Morgan added his name as cosponsor to:                                               
                                                                                                    

2004-02-02                     House Journal                      Page 2471
    HOUSE BILL NO. 98                                                                               
    "An Act relating to sport fishing seasons and areas for persons                                 
    under 16 years of age."                                                                         
                                                                                                    
HB 282                                                                                            
Representative Holm added his name as cosponsor to:                                                 
                                                                                                    
    HOUSE BILL NO. 282                                                                              
    "An Act relating to contracts between the University of Alaska                                  
    and its employees involving research or other development of                                    
    intellectual property and to the authority of the president of the                              
    University of Alaska regarding employee contracts for                                           
    development of intellectual property."                                                          
                                                                                                    
HB 337                                                                                            
Representative Samuels added his name as cosponsor to:                                              
                                                                                                    
    HOUSE BILL NO. 337                                                                              
    "An Act relating to anatomical donor registries, to an anatomical                               
    gift awareness fund, to an anatomical gift awareness program, and                               
    to motor vehicle licenses and registrations."                                                   
                                                                                                    
HB 339                                                                                            
Representative Dahlstrom added her name as cosponsor to:                                            
                                                                                                    
    HOUSE BILL NO. 339                                                                              
    "An Act relating to negative option plans for sales, to charges for                             
    goods or services after a trial period, and to acts that are unlawful                           
    as unfair trade practices."                                                                     
                                                                                                    
HB 367                                                                                            
Representative Dahlstrom added her name as cosponsor to:                                            
                                                                                                    
    HOUSE BILL NO. 367                                                                              
    "An Act relating to the licensing and regulation of sex-oriented                                
    businesses and sex-oriented business entertainers; relating to                                  
    protection of the safety and health of and to education of young                                
    persons who perform in adult entertainment establishments; and                                  
    providing for an effective date."                                                               
                                                                                                    

2004-02-02                     House Journal                      Page 2472
HB 371                                                                                            
Representative Kapsner added her name as cosponsor to:                                              
                                                                                                    
    HOUSE BILL NO. 371                                                                              
    "An Act requiring a diploma endorsement for students who pass                                   
    the secondary school competency examination; removing the                                       
    secondary school competency examination as a graduation                                         
    requirement; relating to secondary school competency                                            
    examinations and diplomas; and providing for an effective date."                                
                                                                                                    
HB 413                                                                                            
Representative Morgan added his name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 413                                                                              
    "An Act making an appropriation to reverse the deposit of money                                 
    available for appropriation in the general fund at the end of fiscal                            
    year 2003 into the constitutional budget reserve fund; making an                                
    appropriation under art. IX, sec. 17(c), Constitution of the State of                           
    Alaska, from the constitutional budget reserve fund; and providing                              
    for an effective date."                                                                         
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., February 4, 2004.  There being no                                   
objection, the House adjourned at 6:29 p.m.                                                         
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk