Legislature(2003 - 2004)

2004-02-05 House Journal

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2004-02-05                     House Journal                      Page 2503
                                                                                                    
                               HOUSE JOURNAL                                                     
                                                                                                    
                         ALASKA STATE LEGISLATURE                                                
                                                                                                    
                TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                       
                                                                                                    
Juneau, Alaska                   Thursday               February 5, 2004                          
                                                                                                    
                             Twenty-fifth Day                                                  
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 10:01 a.m.                                                                                  
                                                                                                    
Roll call showed 39 members present.  Representative Harris had been                                
previously excused from a call of the House today.                                                  
                                                                                                    
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.                                                              
                                                                                                    
     Good morning Lord,                                                                             
                                                                                                    
     I thank You for this new day; may we never take each for                                       
     granted.  I would ask that Your spirit would be with each man                                  
     and woman here this day.  As we look to You, we can find                                       
     strength and wisdom to accomplish the many tasks before us.                                    
     I would pray this day not only for each Representative but                                     
     also for their families.  Keep them safe and calm their hearts                                 
     as their loved one serves the peoples of this great state.  Thank                              
     You, Lord, for all things this day.  Amen.                                                     
                                                                                                    
The Pledge of Allegiance was led by Representative Kohring.                                         
                                                                                                    
                                                                                                    
                       CERTIFICATION OF THE JOURNAL                                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 24th legislative day be approved as certified by the                                
Chief Clerk.  There being no objection, it was so ordered.                                          

2004-02-05                     House Journal                      Page 2504
                      REPORTS OF STANDING COMMITTEES                                             
                                                                                                    
HB 29                                                                                             
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 29                                                       
     "An Act relating to real estate licensees and real estate                                      
     transactions; and providing for an effective date."                                            
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                   
     29(L&C)                                                                                        
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Crawford, Lynn, Gatto, Rokeberg, Dahlstrom, Anderson                                  
                                                                                                    
No recommendation (1):  Guttenberg                                                                  
                                                                                                    
The following fiscal note(s) apply to CSSSHB 29(L&C):                                               
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
SSHB 29 was referred to the Judiciary Committee.                                                    
                                                                                                    
HB 322                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
     HOUSE BILL NO. 322                                                                             
     "An Act requiring a municipal initiative or municipal referendum                               
     to be submitted to the voters at the next regular election occurring                           
     not sooner than 60 days after certification of the initiative or                               
     referendum petition."                                                                          
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    

2004-02-05                     House Journal                      Page 2505
Do pass (4):  Gruenberg, Seaton, Holm, Lynn                                                         
                                                                                                    
No recommendation (1):  Weyhrauch                                                                   
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Office of the Governor                                                                    
2.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
HB 322 was referred to the Community & Regional Affairs                                             
Committee.                                                                                          
                                                                                                    
                                                                                                    
HB 339                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
                                                                                                    
     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."                                                                    
                                                                                                    
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
                                                                                                    
     CS FOR HOUSE BILL NO. 339(L&C)                                                                 
     "An Act relating to negative option plans for sales, to free trial                             
     periods for goods or services, and to acts that are unlawful as                                
     unfair trade practices."                                                                       
                                                                                                    
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Crawford, Lynn, Dahlstrom, Anderson                                                   
                                                                                                    
No recommendation (2):  Gatto, Rokeberg                                                             
                                                                                                    
Amend (1):  Guttenberg                                                                              

2004-02-05                     House Journal                      Page 2506
The following fiscal note(s) apply to CSHB 339(L&C):                                                
                                                                                                    
1.  Zero, Department of Law                                                                         
2.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
HB 339 was referred to the Judiciary Committee.                                                     
                                                                                                    
HB 366                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
     HOUSE BILL NO. 366                                                                             
     "An Act relating to rat racing charitable gaming; and providing for                            
     an effective date."                                                                            
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Gruenberg, Seaton, Lynn                                                               
                                                                                                    
No recommendation (1):  Weyhrauch                                                                   
                                                                                                    
Amend (2):  Holm, Coghill                                                                           
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
                                                                                                    
HB 366 was referred to the Finance Committee.                                                       
                                                                                                    
HB 367                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     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."                                                              
                                                                                                    
and recommends it be replaced with:                                                                 

2004-02-05                     House Journal                      Page 2507
     CS FOR HOUSE BILL NO. 367(L&C)                                                                 
     "An Act relating to the licensing and regulation of sex-oriented                               
     businesses and sex-oriented business entertainers; and providing                               
     for an effective date."                                                                        
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Dahlstrom, Anderson                                                                   
                                                                                                    
No recommendation (3):  Crawford, Lynn, Gatto                                                       
                                                                                                    
Amend (2):  Rokeberg, Guttenberg                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 367(L&C):                                                
                                                                                                    
1.  Fiscal, Dept. of Community & Economic Development                                               
                                                                                                    
HB 367 was referred to the Judiciary Committee.                                                     
                                                                                                    
                         INTRODUCTION OF CITATIONS                                               
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - National Senior Service Corps                                                            
By Representative Holm                                                                              
                                                                                                    
Honoring - William G. Moran, Sr. & William G. Moran, Jr.                                            
By Senator Stedman                                                                                  
                                                                                                    
In Memoriam - Wanita J. Conley                                                                      
By Representative Coghill; Senator Therriault                                                       
                                                                                                    
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                           OF HOUSE RESOLUTIONS                                                  
                                                                                                    
HJR 35                                                                                            
HOUSE JOINT RESOLUTION NO. 35 by Representative Kerttula:                                           
                                                                                                    

2004-02-05                     House Journal                      Page 2508
     Relating to mad cow disease and country-of-origin labeling for                                 
     meat products.                                                                                 
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Resources Committees.                                                                               
                                                                                                    
HJR 36                                                                                            
HOUSE JOINT RESOLUTION NO. 36 by Representatives                                                    
Weyhrauch and Foster:                                                                               
                                                                                                    
     Requesting the National Park Service to mitigate the adverse                                   
     economic effects of commercial fishing closures and restrictions                               
     in Glacier Bay National Park and Preserve.                                                     
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Fisheries and the Resources Committee.                                                              
                                                                                                    
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                              OF HOUSE BILLS                                                     
                                                                                                    
HB 436                                                                                            
HOUSE BILL NO. 436 by Representative Chenault, entitled:                                            
                                                                                                    
     "An Act relating to the employment of, and contracting with,                                   
     attorneys, guardians ad litem, public guardians, court-appointed                               
     visitors, and experts by the office of public advocacy; and                                    
     providing for an effective date."                                                              
                                                                                                    
was read the first time and referred to the State Affairs, Health,                                  
Education & Social Services, and Judiciary Committees.                                              
                                                                                                    
                                                                                                    
HB 437                                                                                            
HOUSE BILL NO. 437 by Representative Chenault, entitled:                                            
                                                                                                    
     "An Act requiring the Department of Education and Early                                        
     Development to gather and report information about the school                                  
     attendance status of every child who is a resident of the state who                            
     has been admitted to kindergarten or is of school age."                                        
                                                                                                    

2004-02-05                     House Journal                      Page 2509
was read the first time and referred to the House Special Committee on                              
Education and the Health, Education & Social Services Committee.                                    
                                                                                                    
                                                                                                    
HB 438                                                                                            
HOUSE BILL NO. 438 by Representative Holm, entitled:                                                
                                                                                                    
     "An Act relating to motorists moving over or slowing down for                                  
     emergency vehicles."                                                                           
                                                                                                    
was read the first time and referred to the Transportation, State                                   
Affairs, and Judiciary Committees.                                                                  
                                                                                                    
                                                                                                    
HB 439                                                                                            
HOUSE BILL NO. 439 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to the authority to take oaths, affirmations, and                             
     acknowledgments in the state; relating to notaries public; relating                            
     to fees for issuing certificates with the seal of the state affixed;                           
     and providing for an effective date."                                                          
                                                                                                    
was read the first time and referred to the State Affairs, Judiciary, and                           
Finance Committees.                                                                                 
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1. Fiscal, Office of the Governor                                                                   
                                                                                                    
The Governor's transmittal letter dated February 4, 2004, follows:                                  
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Under the authority of article III, section 18, of the Alaska                                       
Constitution, I am transmitting a bill relating to the authority to take                            
oaths, affirmations, and acknowledgements in the state to notaries                                  
public, and to fees for issuing certificates with the seal of the state                             
affixed.                                                                                            
                                                                                                    

2004-02-05                     House Journal                      Page 2510
The primary purpose of the bill is to comprehensively update                                        
AS 44.50, the chapter that governs notaries public, which includes                                  
among its provisions qualifications to become a notary public, duties                               
of notaries public, and liability in the event of misconduct or neglect.                            
AS 44.50 has not been comprehensively revised since it was enacted                                  
in 1961.  Sections 6-13 of the bill would repeal obsolete provisions,                               
update antiquated language, and add new provisions where needed.                                    
Similarly, sections 2-4 of the bill would update statutes in AS 09, the                             
Alaska civil code, relating to notaries' responsibilities when notarizing,                          
verifying, and acknowledging signed instruments.                                                    
                                                                                                    
In addition, section 1 of the bill would conform the oath, affirmation,                             
and acknowledgement statute at AS 09.63.010 to existing law.                                        
Section 5 of the bill would update a statute authorizing the Lieutenant                             
Governor to collect fees for the issuance of certificates with the seal of                          
the state affixed, increasing the fee to $5 per certificate.  Section 14 of                         
the bill provides applicability provisions.                                                         
                                                                                                    
A more detailed description of the bill is found in a sectional analysis                            
of the bill available from the office of the Lieutenant Governor.                                   
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                                                                                    
                                Sincerely yours,                                                    
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                 Governor"                                                         
                                                                                                    
                                                                                                    
HB 440                                                                                            
HOUSE BILL NO. 440 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to the Alaska Pioneers' Home, and the Alaska                                  
     Veterans' Home; relating to eligibility for admission to the Alaska                            
     Pioneers' Home and Alaska Veterans' Home; relating to state                                    
     veterans' home facilities; making conforming amendments; and                                   
     providing for an effective date."                                                              
                                                                                                    

2004-02-05                     House Journal                      Page 2511
was read the first time and referred to the House Special Committee on                              
Military & Veterans' Affairs and the Health, Education & Social                                     
Services and Finance Committees.                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Health & Social Services                                                       
                                                                                                    
The Governor's transmittal letter dated February 4, 2004, follows:                                  
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Under the authority of article III, section 18, of the Alaska                                       
Constitution, I am transmitting a bill relating to the Alaska Pioneers'                             
Home (APH) and Alaska Veterans' Home (AVH).                                                         
                                                                                                    
The purpose of the bill is two-fold: to authorize the establishment of                              
an AVH under the umbrella of our existing APH system and to                                         
provide long-term financial stability for both our AVH and APH                                      
programs.                                                                                           
                                                                                                    
For over a decade, the State of Alaska has struggled to develop a                                   
viable plan for an AVH.  The time has come to move beyond planning                                  
to make an AVH a reality.  With passage of this bill, the state would                               
have clear statutory authority to serve veterans within the APH system                              
by identifying one or more homes as an AVH consistent with the                                      
requirements of the United States Veterans' Administration.                                         
                                                                                                    
In addition, the bill would require that, as a condition for receipt of                             
assistance to pay the cost of care in a home, a home resident could be                              
required to apply for other state or federally sponsored programs                                   
whose benefits could reduce the amount of that assistance.                                          
                                                                                                    
Taken together, these changes are designed to ensure the sustainability                             
of the APH and AVH system over the long-term.  Additional federal                                   
and other third-party payments are critical in order to maintain the                                
high quality of care the homes provide and home residents expect and                                
deserve.  Over time, the Department of Health and Social Services is                                
optimistic that several millions of dollars of additional resources can                             
be obtained in third-party reimbursements annually to support                                       
operation of the homes.                                                                             

2004-02-05                     House Journal                      Page 2512
In the absence of additional third-party receipts, the APH and the                                  
AVH would remain unduly dependent on state general fund support                                     
and resident fees.  Given the state's ongoing fiscal constraints and the                            
impracticality of requiring home residents to pay for the full cost of                              
care, failure to adopt the measures included in this bill may well                                  
jeopardize the APH and AVH over the long term.                                                      
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                Sincerely yours,                                                    
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                 Governor"                                                         
                                                                                                    
HB 441                                                                                            
HOUSE BILL NO. 441 by Representatives Gara, Croft, Guttenberg,                                      
and Kerttula, entitled:                                                                             
                                                                                                    
     "An Act amending the oil and gas properties production                                         
     (severance) tax as it relates to oil to require payment of a tax of at                         
     least five percent of the gross value at the point of production after                         
     application of the economic limit factor and before any                                        
     adjustments authorized by this Act, to provide for adjustments to                              
     the tax when the prevailing value of the oil either exceeds or falls                           
     below specified limits and to limit the effect of the adjustments, to                          
     exempt certain kinds of oil from application of the adjustments, to                            
     waive the payment of a portion of the tax on oil when its                                      
     prevailing value falls below specified limits, and to defer the                                
     payment of a portion of the tax on oil when its prevailing value                               
     falls below specified limits; and providing for an effective date."                            
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Ways & Means, the House Special Committee on Oil & Gas and the                                      
Resources and Finance Committees.                                                                   
                                                                                                    
                              RECONSIDERATION                                                    
                                                                                                    
HJR 5                                                                                             
Representative Rokeberg brought up reconsideration of the vote on                                   
HJR 5(fld H) (page 2493).                                                                           
                                                                                                    

2004-02-05                     House Journal                      Page 2513
The following was again before the House in third reading:                                          
                                                                                                    
     HOUSE JOINT RESOLUTION NO. 5                                                                   
     Proposing an amendment to the Constitution of the State of                                     
     Alaska relating to initiative and referendum petitions.                                        
                                                                                                    
Representative Rokeberg placed a call of the House.                                                 
                                                                                                    
The Speaker stated the call was satisfied.                                                          
                                                                                                    
The question to be reconsidered:  "Shall HJR 5 pass the House?"  The                                
roll was taken with the following result:                                                           
                                                                                                    
HJR 5--RECONSIDERATION                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  27   NAYS:  12   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Hawker,                                
Heinze, Holm, Joule, Kapsner, Kohring, Kookesh, Kott, McGuire,                                      
Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich,                                    
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Gara, Gatto, Gruenberg,                                  
Guttenberg, Kerttula, Lynn, Masek, Stoltze                                                          
                                                                                                    
Excused:  Harris                                                                                    
                                                                                                    
And so, HJR 5 passed the House on reconsideration and was referred                                  
to the Chief Clerk for engrossment.                                                                 
                                                                                                    
                    CONSIDERATION OF THE DAILY CALENDAR                                          
                                                                                                    
                       THIRD READING OF HOUSE BILLS                                              
                                                                                                    
HB 31                                                                                             
The following, which was held from the February 4, 2004, calendar                                   
(page 2493), was read the third time:                                                               
                                                                                                    
     HOUSE BILL NO. 31                                                                              
     "An Act relating to initiative and referendum petitions; and                                   
     providing for an effective date."                                                              
                                                                                                    

2004-02-05                     House Journal                      Page 2514
The question being:  "Shall HB 31 pass the House?"  The roll was                                    
taken with the following result:                                                                    
                                                                                                    
HB 31                                                                                               
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  27   NAYS:  11   EXCUSED:  1   ABSENT:  1                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Hawker,                                
Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                     
Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich,                                    
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Gara, Gatto, Gruenberg,                                  
Guttenberg, Lynn, Masek, Stoltze                                                                    
                                                                                                    
Excused:  Harris                                                                                    
                                                                                                    
Absent:  McGuire                                                                                    
                                                                                                    
And so, HB 31 passed the House.                                                                     
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
HB 31 was referred to the Chief Clerk for engrossment.                                              
                                                                                                    
                    SECOND READING OF HOUSE RESOLUTIONS                                          
                                                                                                    
HR 8                                                                                              
The following was read the second time:                                                             
                                                                                                    
     HOUSE RESOLUTION NO. 8                                                                         
     Recognizing February 6, 2004, as Ronald Reagan Day in Alaska.                                  
                                                                                                    
The Rules Committee submitted the following fiscal note for HR 8:                                   
                                                                                                    
1.  Zero, House Rules Committee                                                                     
                                                                                                    
Representative Rokeberg rose to a point of order stating the debate                                 
was straying from the resolution before the body.                                                   

2004-02-05                     House Journal                      Page 2515
The Speaker stated he would allow members some latitude in the                                      
debate.                                                                                             
                                                                                                    
The question being:  "Shall HR 8 pass the House?"  The roll was taken                               
with the following result:                                                                          
                                                                                                    
HR 8                                                                                                
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  1   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Coghill, Crawford, Croft,                                     
Dahlstrom, Fate, Foster, Gara, Gruenberg, Guttenberg, Hawker,                                       
Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                     
Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                          
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Nays:  Cissna                                                                                       
                                                                                                    
Excused:  Harris                                                                                    
                                                                                                    
Absent:  Gatto                                                                                      
                                                                                                    
And so, HR 8 passed the House and was referred to the Chief Clerk                                   
for engrossment and enrollment.                                                                     
                                                                                                    
                           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:                             
                                                                                                    
In Memoriam - Ruth Burnett                                                                          
By Representatives Holm, Fate, Kott, Anderson, Berkowitz, Chenault,                                 
Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto,                                   
Gruenberg, Guttenberg, Harris, Hawker, Joule, Kapsner, Kerttula,                                    
Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels,                                     
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                       

2004-02-05                     House Journal                      Page 2516
In Memoriam - Oscar Reese Swanson, "Boo Boo"                                                        
By Representatives Foster, Kott, Anderson, Berkowitz, Chenault,                                     
Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg,                                
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula,                                         
Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels,                                     
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf;                                      
Senator Olson                                                                                       
                                                                                                    
In Memoriam - Randy Smith                                                                           
By Representatives Stoltze, Kott, Anderson, Berkowitz, Chenault,                                    
Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto,                                   
Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner,                                        
Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg,                                     
Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson,                                  
Wolf; Senator Guess                                                                                 
                                                                                                    
In Memoriam - Albert O'Neal Boxx                                                                    
By Senator Davis; Representatives Kott, Anderson, Berkowitz,                                        
Chenault, Cissna, Coghill, Crawford, Croft, Foster, Gara, Gatto,                                    
Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner,                                        
Kerttula, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                    
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
In Memoriam - Willie Virgle Sims, Sr.                                                               
By Senator Davis; Representatives Kott, Anderson, Berkowitz,                                        
Chenault, Cissna, Coghill, Crawford, Croft, Foster, Gara, Gatto,                                    
Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner,                                        
Kerttula, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                    
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
In Memoriam - Annie Pearl Pollard                                                                   
By Senator Davis; Representatives Kott, Anderson, Berkowitz,                                        
Chenault, Cissna, Coghill, Crawford, Croft, Foster, Gara, Gatto,                                    
Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner,                                        
Kerttula, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                    
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    

2004-02-05                     House Journal                      Page 2517
                            UNFINISHED BUSINESS                                                  
                                                                                                    
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 Heinze - from 7:04 p.m., February 5 to 10:00 p.m.,                                   
February 8, 2004 (amended from page 2496)                                                           
                                                                                                    
Representative Kapsner - from 1:16 p.m., February 5 to 9:35 a.m.,                                   
plane time, February 8, 2004                                                                        
                                                                                                    
Representative McGuire - from 7:00 a.m., February 6 to 9:40 a.m.,                                   
plane time, February 9, 2004                                                                        
                                                                                                    
Representative Weyhrauch - from 7:00 a.m., February 11 to morning                                   
plane time, February 13, 2004                                                                       
                                                                                                    
Representative Masek - from 7:04 p.m., February 11 to 9:02 p.m.,                                    
plane time, February 15, 2004                                                                       
                                                                                                    
Representative Holm - from 7:04 p.m., February 11 to 9:33 a.m.,                                     
February 16, 2004                                                                                   
                                                                                                    
                                                                                                    
SB 183                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 2126) on the following at                                   
this time:                                                                                          
                                                                                                    
     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                                                                                                 
                                                                                                    

2004-02-05                     House Journal                      Page 2518
     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.                                          
                                                                                                    
The question being:  "Shall the House recede from its amendment to                                  
CSSB 183(STA)?"  The roll was taken with the following result:                                      
                                                                                                    
HCS CSSB 183(CRA) am H                                                                              
Recede                                                                                              
                                                                                                    
YEAS:  26   NAYS:  8   EXCUSED:  1   ABSENT:  5                                                   
                                                                                                    
Yeas:  Anderson, Cissna, Coghill, Fate, Foster, Gruenberg,                                          
Guttenberg, Heinze, Holm, Kerttula, Kott, Lynn, Masek, McGuire,                                     
Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze,                                  
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Nays:  Berkowitz, Crawford, Croft, Gara, Joule, Kohring, Kookesh,                                   
Moses                                                                                               
                                                                                                    
Excused:  Harris                                                                                    
                                                                                                    
Absent:  Chenault, Dahlstrom, Gatto, Hawker, Kapsner                                                
                                                                                                    
And so, the House receded from its amendment, thus adopting CSSB
183(STA).                                                                                           
                                                                                                    
CSSB 183(STA) was signed by the Speaker and Chief Clerk and                                         
returned to the Senate.                                                                             
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following member be excused from a call of the House.  There being                                  
no objection, the member was excused as noted:                                                      
                                                                                                    
Representative Crawford - from 7:30 a.m., February 6 to 9:30 p.m.,                                  
plane time, February 8, 2004                                                                        
                                                                                                    

2004-02-05                     House Journal                      Page 2519
HR 8                                                                                              
Representatives Heinze, Dahlstrom, Kott, Morgan, Foster, Masek,                                     
Wolf, Holm, McGuire, Anderson, Hawker, Seaton, Lynn, and Kohring                                    
added their names as cosponsors to:                                                                 
                                                                                                    
     HOUSE RESOLUTION NO. 8                                                                         
     Recognizing February 6, 2004, as Ronald Reagan Day in Alaska.                                  
                                                                                                    
                                                                                                    
HJR 32                                                                                            
Representatives Gatto and Joule added their names as cosponsors to:                                 
                                                                                                    
     HOUSE JOINT RESOLUTION NO. 32                                                                  
       Relating to the labeling of salmon and salmon food products.                                
                                                                                                    
                                                                                                    
HB 123                                                                                            
Representative Foster added his name as cosponsor to:                                               
                                                                                                    
     HOUSE BILL NO. 123                                                                             
     "An Act relating to the allocation of money appropriated to the                                
     Alaska Human Resource Investment Council; and providing for                                    
     an effective date."                                                                            
                                                                                                    
                                                                                                    
                                ENGROSSMENT                                                      
                                                                                                    
HJR 5                                                                                             
HJR 5 was engrossed, signed by the Speaker and Chief Clerk and                                      
transmitted to the Senate for consideration.                                                        
                                                                                                    
HB 31                                                                                             
HB 31 was engrossed, signed by the Speaker and Chief Clerk and                                      
transmitted to the Senate for consideration.                                                        
                                                                                                    
                                                                                                    
                               ANNOUNCEMENTS                                                     
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    

2004-02-05                     House Journal                      Page 2520
                                ADJOURNMENT                                                      
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 11:00 a.m., February 9, 2004.  There being no                                   
objection, the House adjourned at 11:33 a.m.                                                        
                                                                                                    
                                              Suzi Lowell                                           
                                              Chief Clerk