Legislature(2003 - 2004)

2004-02-23 House Journal

Full Journal pdf

2004-02-23                     House Journal                      Page 2679
                                                                                                    
                               HOUSE JOURNAL                                                     
                                                                                                    
                         ALASKA STATE LEGISLATURE                                                
                                                                                                    
                TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                       
                                                                                                    
Juneau, Alaska                    Monday               February 23, 2004                          
                                                                                                    
                              Forty-third Day                                                  
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 11:02 a.m.                                                                                  
                                                                                                    
Roll call showed 36 members present.  Representatives Kohring and                                   
Seaton had been previously excused from a call of the House today.                                  
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representatives Crawford and Heinze be excused from a call of the                                   
House today.  There being no objection, it was so ordered.                                          
                                                                                                    
The invocation was offered by the Chaplain, Connie Munro of the                                     
Juneau Unitarian Universalist Fellowship.  Representative Fate moved                                
and asked unanimous consent that the invocation be spread on the                                    
journal.  There being no objection, it was so ordered.                                              
                                                                                                    
With respect for all religions represented here today, let us pray.                                 
                                                                                                    
               Have you ever wondered why you are here today                                       
                 In this vast land of beauty and harshness                                         
                     Ice and tundra, ocean and rivers                                              
                   Hills and mountains, trees and greens                                           
              Fruit in abundance, food from the earth and sea                                      
                        Sharing with other species                                                 
                      And here you are, to protect it                                              
              Have you ever wondered why you are here today?                                       
                                                                                                    
                                   Amen.                                                           
                                                                                                    
The Pledge of Allegiance was led by Representative Wolf.                                            
                                                                                                    

2004-02-23                     House Journal                      Page 2680
                       CERTIFICATION OF THE JOURNAL                                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 39th, 40th, 41st, and 42nd legislative days be approved                             
as certified by the Chief Clerk.  There being no objection, it was so                               
ordered.                                                                                            
                                                                                                    
                                                                                                    
                              COMMUNICATIONS                                                     
                                                                                                    
The following was received:                                                                         
                                                                                                    
Alaska Judicial Council                                                                             
Alaska Felony Process:  1999                                                                        
February 2004                                                                                       
                                                                                                    
                                                                                                    
The following were received from:                                                                   
                                                                                                    
Division of Legislative Audit                                                                       
Legislative Budget & Audit Committee                                                                
Audit reports                                                                                       
(as required by AS 24.20.311)                                                                       
                                                                                                    
Dept. of Education & Early Development                                                              
Special Education Service Agency                                                                    
Sunset Review                                                                                       
December 18, 2003                                                                                   
                                                                                                    
Dept. of Environmental Conservation                                                                 
Village Safe Water Program                                                                          
Selected Projects                                                                                   
November 19, 2003                                                                                   
                                                                                                    
                                                                                                    
                      REPORTS OF STANDING COMMITTEES                                             
                                                                                                    
HB 56                                                                                             
The Finance Committee has considered:                                                               
                                                                                                    

2004-02-23                     House Journal                      Page 2681
     HOUSE BILL NO. 56                                                                              
     "An Act relating to the attorney fees and costs awarded in certain                             
     court actions relating to unfair trade practices; and, if considered                           
     court rule changes, amending Rules 54(d), 79, and 82, Alaska                                   
     Rules of Civil Procedure."                                                                     
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 56(L&C)                                                                  
     "An Act relating to the award to the state of actual reasonable                                
     attorney fees and costs, including costs of investigation, in certain                          
     court actions relating to unfair trade practices; and amending                                 
     Rules 54(d), 79, and 82, Alaska Rules of Civil Procedure."                                     
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (7):  Meyer, Croft, Moses, Fate, Foster, Harris, Williams                                   
                                                                                                    
No recommendation (3):  Hawker, Joule, Chenault                                                     
                                                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 56(L&C):                                                 
                                                                                                    
1.  Indeterminate, Dept. of Law                                                                     
                                                                                                    
HB 56 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 91                                                                                             
The Finance Committee has considered:                                                               
                                                                                                    
     HOUSE BILL NO. 91                                                                              
     "An Act relating to a cost-of-living allowance and medical                                     
     benefits for retired peace officers after 20 years of credited                                 
     service."                                                                                      
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    

2004-02-23                     House Journal                      Page 2682
     CS FOR HOUSE BILL NO. 91(FIN)                                                                  
     "An Act relating to medical benefits for retired peace officers after                          
     20 years of credited service."                                                                 
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (3):  Croft, Fate, Williams                                                                 
                                                                                                    
No recommendation (7):  Meyer, Hawker, Joule, Moses, Chenault,                                      
Foster, Harris                                                                                      
                                                                                                    
The following fiscal note(s) apply to CSHB 91(FIN):                                                 
                                                                                                    
2.  Fiscal, Dept. of Administration                                                                 
                                                                                                    
HB 91 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 319                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
     HOUSE BILL NO. 319                                                                             
     "An Act relating to the disposal of state land by lottery; and                                 
     relating to the disposal, including sale or lease, of remote                                   
     recreational cabin sites."                                                                     
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 319(STA)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Gruenberg, Lynn                                                                       
                                                                                                    
No recommendation (4):  Seaton, Holm, Coghill, Weyhrauch                                            
                                                                                                    

2004-02-23                     House Journal                      Page 2683
Amend (1):  Berkowitz                                                                               
                                                                                                    
The following fiscal note(s) apply to CSHB 319(STA):                                                
                                                                                                    
1.  Fiscal, Dept. of Natural Resources                                                              
                                                                                                    
HB 319 was referred to the Resources Committee.                                                     
                                                                                                    
HB 329                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
     HOUSE BILL NO. 329                                                                             
     "An Act relating to retirement incentive programs for the public                               
     employees' retirement system, the judicial retirement system, and                              
     the teachers' retirement system; relating to separation incentives                             
    for certain state employees; and providing for an effective date."                             
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 329(STA)                                                                 
     "An Act relating to retirement incentive programs for the public                               
     employees' retirement system and the teachers' retirement system;                              
     and providing for an effective date."                                                          
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Gruenberg, Lynn                                                                       
                                                                                                    
No recommendation (5):  Seaton, Berkowitz, Holm, Coghill,                                           
Weyhrauch                                                                                           
                                                                                                    
The following fiscal note(s) apply to CSHB 329(STA):                                                
                                                                                                    
1.  Zero, Alaska Court System                                                                       
2.  Indeterminate, Office of the Governor/All Depts.                                                
3.  Indeterminate, Dept. of Administration/Various Depts.                                           
4.  Zero, Dept. of Administration/All Depts.                                                        
5.  Fiscal, Dept. of Administration                                                                 
                                                                                                    

2004-02-23                     House Journal                      Page 2684
HB 329 was referred to the Labor & Commerce Committee.                                              
                                                                                                    
HB 347                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     HOUSE BILL NO. 347                                                                             
     "An Act exempting taxicabs from the passenger vehicle rental tax;                              
     and providing for an effective date."                                                          
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (6):  Meyer, Moses, Fate, Foster, Harris, Williams                                          
                                                                                                    
No recommendation (2):  Hawker, Joule                                                               
                                                                                                    
Amend (2):  Croft, Chenault                                                                         
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
                                                                                                    
HB 347 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 350                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
     HOUSE BILL NO. 350                                                                             
     "An Act relating to adding personal injury, death, and property                                
     damage from arson in the first degree to the offenses compensable                              
     by the Violent Crimes Compensation Board."                                                     
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 350(STA)                                                                 
     "An Act adding personal injury and death from arson in the first                               
     degree to the injuries compensable by the Violent Crimes                                       
     Compensation Board; and providing for an effective date."                                      
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    

2004-02-23                     House Journal                      Page 2685
Do pass (6):  Gara, Samuels, Anderson, Gruenberg, Ogg, McGuire                                      
                                                                                                    
The following fiscal note(s) apply to CSHB 350(STA):                                                
                                                                                                    
1.  Zero, Dept. of Administration                                                                   
                                                                                                    
HB 350 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 380                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
     HOUSE BILL NO. 380                                                                             
     "An Act relating to aggravating factors at sentencing."                                        
                                                                                                    
The report was signed by Representative Wilson, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Gatto, Coghill, Wilson                                                                
                                                                                                    
No recommendation (3):  Wolf, Seaton, Cissna                                                        
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Law                                                                              
                                                                                                    
HB 380 was referred to the Judiciary Committee.                                                     
                                                                                                    
                                                                                                    
SB 270                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
     SENATE BILL NO. 270                                                                            
     "An Act establishing November as Avalanche Awareness Month."                                   
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Gruenberg, Seaton, Holm, Weyhrauch                                                    
                                                                                                    

2004-02-23                     House Journal                      Page 2686
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
SB 270 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
SB 283                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     CS FOR SENATE BILL NO. 283(FIN)                                                                
     "An Act making an appropriation to reverse the deposit of money                                
     available for appropriation in the general fund at the end of fiscal                           
     year 2003 into the constitutional budget reserve fund; making an                               
     appropriation for investment management fees for the                                           
     constitutional budget reserve fund; making appropriations under                                
     art. IX, sec. 17(c), Constitution of the State of Alaska, from the                             
     constitutional budget reserve fund; and providing for an effective                             
     date."                                                                                         
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (9):  Meyer, Hawker, Joule, Croft, Moses, Fate, Foster,                                     
Harris, Williams                                                                                    
                                                                                                    
CSSB 283(FIN) was referred to the Rules Committee for placement on                                  
the calendar.                                                                                       
                                                                                                    
                                                                                                    
                       REPORTS OF SPECIAL COMMITTEES                                             
                                                                                                    
HCR 28                                                                                            
The House Special Committee on Economic Development,                                                
International Trade, & Tourism has considered:                                                      
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 28                                                             
     Relating to the socioeconomic impacts of salmon harvesting                                     
     cooperatives.                                                                                  
                                                                                                    

2004-02-23                     House Journal                      Page 2687
The report was signed by Representative Heinze, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  McGuire, Cissna, Crawford, Heinze                                                     
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Legislative Agency                                                                        
2.  Fiscal, University of Alaska                                                                    
                                                                                                    
HCR 28 was referred to the Resources Committee.                                                     
                                                                                                    
HB 417                                                                                            
The House Special Committee on Oil & Gas has considered:                                            
                                                                                                    
     HOUSE BILL NO. 417                                                                             
     "An Act amending the definition of 'project' in the Act                                        
     establishing the Alaska Natural Gas Development Authority; and                                 
     providing for an effective date."                                                              
                                                                                                    
The report was signed by Representative Holm, Vice Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Rokeberg, McGuire                                                                     
                                                                                                    
Amend (3):  Heinze, Crawford, Holm                                                                  
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Indeterminate, Dept. of Revenue                                                                 
                                                                                                    
HB 417 was referred to the Resources Committee.                                                     
                                                                                                    
HB 471                                                                                            
The House Special Committee on Education has considered:                                            
                                                                                                    
     HOUSE BILL NO. 471                                                                             
     "An Act relating to the funding of public education; and providing                             
     for an effective date."                                                                        
                                                                                                    

2004-02-23                     House Journal                      Page 2688
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 471(EDU)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative Gatto, Chair, with the                                      
following individual recommendations:                                                               
                                                                                                    
Do pass (7):  Wilson, Seaton, Wolf, Gara, Kapsner, Ogg, Gatto                                       
                                                                                                    
The following fiscal note(s) apply to CSHB 471(EDU):                                                
                                                                                                    
1.  Fiscal, Dept. of Education & Early Development                                                  
                                                                                                    
HB 471 was referred to the Health, Education & Social Services                                      
Committee                                                                                           
                                                                                                    
                         INTRODUCTION OF CITATIONS                                               
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Keegan Reilly                                                                            
By Representative Chenault                                                                          
                                                                                                    
Honoring - East High School Football Team                                                           
By Senator Davis                                                                                    
                                                                                                    
In Memoriam - William N. Brody                                                                      
By Representative Chenault                                                                          
                                                                                                    
In Memoriam - Verlin Dean Darrow                                                                    
By Representative Chenault                                                                          
                                                                                                    
In Memoriam - Ann Armella Carney                                                                    
By Representative Chenault                                                                          
                                                                                                    
In Memoriam - Edgar Alonzo Davis, Jr.                                                               
By Representative Chenault                                                                          
                                                                                                    

2004-02-23                     House Journal                      Page 2689
In Memoriam - Harry Lee Drew                                                                        
By Representative Chenault                                                                          
                                                                                                    
In Memoriam - Anthony "Mitch" Feagin                                                                
By Representative Chenault                                                                          
                                                                                                    
In Memoriam - Edward Jackinsky                                                                      
By Representative Chenault                                                                          
                                                                                                    
In Memoriam - Jack Andrew Johansen                                                                  
By Representative Chenault                                                                          
                                                                                                    
In Memoriam - Johnny Earl Jones                                                                     
By Representative Chenault                                                                          
                                                                                                    
In Memoriam - Mildred F. "Millie" Hirth                                                             
By Representative Chenault                                                                          
                                                                                                    
In Memoriam - Kelly Scott McLay                                                                     
By Representative Chenault                                                                          
                                                                                                    
In Memoriam - Jessie Marie Mettille                                                                 
By Representative Chenault                                                                          
                                                                                                    
In Memoriam - Irton Slone                                                                           
By Representative Chenault                                                                          
                                                                                                    
In Memoriam - Taieesha Katrina Stamer                                                               
By Representative Chenault                                                                          
                                                                                                    
In Memoriam - Helen Ruth Wise                                                                       
By Representative Chenault                                                                          
                                                                                                    
In Memoriam - Larrie O. Woods                                                                       
By Representative Chenault                                                                          
                                                                                                    
In Memoriam - Lyndsey Marie Kvasnikoff                                                              
By Representative Chenault                                                                          
                                                                                                    
In Memoriam - Edna Hester                                                                           
By Representative Ogg; Senator Gary Stevens                                                         

2004-02-23                     House Journal                      Page 2690
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                           OF HOUSE RESOLUTIONS                                                  
                                                                                                    
HCR 33                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 33 by the House                                                     
Community & Regional Affairs Committee:                                                             
                                                                                                    
     Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                 
     the Alaska State Legislature, concerning Senate Bill No. 63,                                   
     relating to municipal property taxation in annexed, detached, and                              
     newly incorporated areas.                                                                      
                                                                                                    
was read the first time and referred to the Rules Committee for                                     
placement on the calendar.                                                                          
                                                                                                    
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                              OF HOUSE BILLS                                                     
                                                                                                    
HB 517                                                                                            
HOUSE BILL NO. 517 by the House Labor & Commerce Committee,                                         
entitled:                                                                                           
                                                                                                    
     "An Act relating to registration in beneficiary form of certain                                
     security accounts, including certain reinvestment, investment                                  
     management, and custody accounts."                                                             
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Judiciary Committees.                                                                               
                                                                                                    
HB 518                                                                                            
HOUSE BILL NO. 518 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act amending the Public Employment Relations Act to                                        
     exclude from collective bargaining individuals who perform                                     
     confidential or managerial duties for a public employer and                                    
     relating to those exclusions; and providing for an effective date."                            
                                                                                                    
was read the first time and referred to the State Affairs and Labor &                               
Commerce Committees.                                                                                

2004-02-23                     House Journal                      Page 2691
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Fish & Game                                                                      
2.  Zero, Dept. of Law                                                                              
                                                                                                    
The Governor's transmittal letter dated February 20, 2004, follows:                                 
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Under the authority of article III, section 18, of the Alaska                                       
Constitution, I am transmitting this bill to amend the Public                                       
Employment Relations Act (PERA).  Specifically, the bill would                                      
exclude public employees in upper-level ("managerial") or sensitive                                 
("confidential") positions from collective bargaining.  Allowing                                    
employees in these positions to participate in bargaining creates a                                 
conflict of interest and could allow employees in managerial or                                     
confidential positions to benefit from the inherent advantage they have                             
over other employees.  When managerial and confidential employees                                   
bargain they have access to information and key officials that is                                   
unavailable to other employees.                                                                     
                                                                                                    
Amending PERA resolves the conflict of interest and reduces the                                     
opportunity for unfair gain by those employees.  Bargaining laws for                                
public employees would be aligned with the labor laws that apply to                                 
private industry, federal law, and the majority of state's that have                                
chosen to exclude confidential and managerial employees from                                        
bargaining.                                                                                         
                                                                                                    
The bill provides legislative findings setting out the concerns the bill is                         
intended to address.  These findings were drawn mainly from the work                                
of the Blue Ribbon Commission (Commission) on the State Personnel                                   
Act.                                                                                                
                                                                                                    
The Commission reviewed state employment laws from 1977 through                                     
1980.  The Commission recognized that allowing managers to                                          
participate in bargaining could hamper labor negotiations and that the                              
state's managers needed to be politically responsive to the chief                                   
executive.  The Commission recommended that assistant and deputy                                    
directors and certain chiefs be excluded from bargaining.  Report of                                
the Blue Ribbon Commission on the State Personnel Act to the                                        
Eleventh Alaska State Legislature 14 (1/9/1980).                                                    
                                                                                                    

2004-02-23                     House Journal                      Page 2692
The exclusion for confidential employees is based upon case law from                                
the National Labor Relations Board (Board) and existing state                                       
regulation.  B. F. Goodrich Co., 115 N.L.R.B. 722, 37                                               
L.R.R.M.(BNA) 1383 (1956); 8 AAC 97.990(a)(1).  The Board has                                       
consistently recognized an exclusion from bargaining for "persons                                   
who assist and act in a confidential capacity to persons who formulate,                             
determine, and effectuate management policies in the field of labor                                 
relations."  The Alaska Labor Relations Agency adopted this definition                              
as regulation in 8 AAC 97.990(a)(1); although, rather than exclude                                  
these employees from bargaining entirely, the agency requires them to                               
bargain in a separate unit when they are employed by the state.                                     
8 AAC 97.090.  Bargaining in a separate unit, however, does not                                     
remove the conflict of interest created when a public employer is                                   
forced to bargain the wages and working conditions of employees                                     
responsible for actually developing and implementing the employer's                                 
labor policy.  Recognizing this problem, the agency excluded the                                    
confidential positions of labor analyst and human resource manager                                  
from bargaining completely in State of Alaska v. Confidential                                     
Employees Ass'n, Decision & Order No. 157 (04/07/1993).  The                                      
agency's decision, however, was reversed on appeal, State of Alaska v.                            
Confidential Employees Ass'n, case no. 1JU-93-0656 CI (9/1/1994, as                               
clarified on 10/12/1994), necessitating a legislative solution to the                               
problem.                                                                                            
                                                                                                    
The exclusion for managers is based on National Labor Relations                                   
Board v. Bell Aerospace Co., 416 U.S. 267, 287-88 (1974).  In that                                
case the United States Supreme Court affirmed the Board's                                           
longstanding exclusion from bargaining of employees "who formulate                                  
and effectuate management policies by expressing and making                                         
operative the decisions of the employer."  The exclusion was based on                               
the Board's interpretation of Congressional intent.                                                 
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                                                                                    
                                Sincerely yours,                                                    
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                 Governor"                                                         
                                                                                                    

2004-02-23                     House Journal                      Page 2693
HB 519                                                                                            
HOUSE BILL NO. 519 by the House State Affairs Committee,                                            
entitled:                                                                                           
                                                                                                    
     "An Act requiring licensure of midwifery birth centers; and                                    
     providing for an effective date."                                                              
                                                                                                    
was read the first time and referred to the Labor & Commerce, Health,                               
Education & Social Services, and Finance Committees.                                                
                                                                                                    
                                                                                                    
HB 520                                                                                            
HOUSE BILL NO. 520 by the House State Affairs Committee,                                            
entitled:                                                                                           
                                                                                                    
     "An Act relating to the expenses of investigation, hearing, or                                 
     public advocacy before the Regulatory Commission of Alaska, to                                 
     calculation of the regulatory cost charge for public utilities and                             
     pipeline carriers to include the Department of Law's costs of its                              
     public advocacy function, to inspection of certain books and                                   
     records by the attorney general when participating as a party in a                             
     matter before the Regulatory Commission of Alaska; and                                         
     providing for an effective date."                                                              
                                                                                                    
was read the first time and referred to the State Affairs, Labor &                                  
Commerce, and Finance Committees.                                                                   
                                                                                                    
                                                                                                    
                    CONSIDERATION OF THE DAILY CALENDAR                                          
                                                                                                    
                       SECOND READING OF HOUSE BILLS                                             
                                                                                                    
HB 348                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 348                                                                             
     "An Act relating to the rights of certain victims of crime to receive                          
     information about the office of victims' rights."                                              
                                                                                                    

2004-02-23                     House Journal                      Page 2694
with the:                                                     Journal Page                          
                                                                                                    
 JUD RPT CS(JUD) NT 5DP                                               2564                          
 LETTER OF INTENT WITH JUD REPORT                                     2564                          
 FN1: ZERO(ADM)                                                       2565                          
 FN2: ZERO(ADM)                                                       2565                          
 FN3: ZERO(LAW)                                                       2565                          
 FN4: ZERO(H.JUD)                                                     2565                          
 FN5: ZERO(DPS)                                                       2565                          
                                                                                                    
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. 348(JUD)                                                                 
     "An Act relating to the rights of certain victims of crime to receive                          
     information about the office of victims' rights and the Violent                                
     Crimes Compensation Board."                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 348(JUD) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 348(JUD) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSHB 348(JUD) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 348(JUD)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  34   NAYS:  0   EXCUSED:  4   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Croft, Dahlstrom, Fate,                                
Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm,                                   
Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn, Masek, McGuire,                                      
Meyer, Morgan, Moses, Ogg, Samuels, Stepovich, Stoltze,                                             
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    

2004-02-23                     House Journal                      Page 2695
Excused:  Crawford, Heinze, Kohring, Seaton                                                         
                                                                                                    
Absent:  Chenault, Rokeberg                                                                         
                                                                                                    
And so, CSHB 348(JUD) passed the House.                                                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adopt the House Judiciary Committee letter of intent                                          
(page 2564).  There being no objection, it was so ordered.                                          
                                                                                                    
CSHB 348(JUD) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    
HB 397                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 397                                                                             
     "An Act relating to defense contacts with and recordings of                                    
     statements of victims or witnesses; and amending Rule 16, Alaska                               
     Rules of Criminal Procedure."                                                                  
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 JUD RPT CS(JUD) NT 3DP 2NR                                           2566                          
 FN1: ZERO(ADM)                                                       2567                          
 FN2: ZERO(ADM)                                                       2567                          
 FN3: ZERO(LAW)                                                       2567                          
                                                                                                    
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. 397(JUD)                                                                 
     "An Act relating to defense contacts with and recordings of                                    
     statements of victims and witnesses of sexual offenses."                                       
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 397(JUD) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    

2004-02-23                     House Journal                      Page 2696
CSHB 397(JUD) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSHB 397(JUD) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 397(JUD)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  34   NAYS:  0   EXCUSED:  4   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Cissna, Coghill, Croft, Dahlstrom, Fate,                                 
Foster, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule,                                  
Kapsner, Kerttula, Kookesh, Kott, Lynn, Masek, McGuire, Meyer,                                      
Morgan, Moses, Ogg, Rokeberg, Samuels, Stepovich, Stoltze,                                          
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Excused:  Crawford, Heinze, Kohring, Seaton                                                         
                                                                                                    
Absent:  Berkowitz, Gara                                                                            
                                                                                                    
And so, CSHB 397(JUD) passed the House and was referred to the                                      
Chief Clerk for engrossment.                                                                        
                                                                                                    
HB 398                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 398                                                                             
       "An Act relating to domestic violence fatality review teams."                               
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 JUD RPT CS(JUD) 5DP                                                  2567                          
 FN1: ZERO(ADM)                                                       2567                          
 FN2: ZERO(ADM)                                                       2567                          
 FN3: ZERO(LAW)                                                       2567                          
 FN4: ZERO(DPS)                                                       2567                          
                                                                                                    
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. 398(JUD)                                                                 
     (same title)                                                                                   

2004-02-23                     House Journal                      Page 2697
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 1, line 6:                                                                                     
     Delete "may"                                                                                   
 Insert "shall"                                                                                     
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative McGuire objected.                                                                    
                                                                                                    
The Speaker stated that, without objection, the House would recess                                  
until 12:45 p.m.; and so, the House recessed at 12:14 p.m.                                          
                                                                                                    
                                                                                                    
                               AFTER RECESS                                                      
                                                                                                    
The Speaker called the House back to order at 12:58 p.m.                                            
                                                                                                    
                       SECOND READING OF HOUSE BILLS                                             
                                (continued)                                                        
                                                                                                    
HB 398                                                                                            
Amendment No. 1 was before the House.                                                               
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 398(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  4   NAYS:  26   EXCUSED:  4   ABSENT:  6                                                   
                                                                                                    
Yeas:  Berkowitz, Joule, Kott, Weyhrauch                                                            
                                                                                                    
Nays:  Anderson, Chenault, Cissna, Coghill, Croft, Dahlstrom, Fate,                                 
Foster, Gara, Gatto, Gruenberg, Harris, Hawker, Holm, Lynn, Masek,                                  
McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels,                                              
Stepovich, Stoltze, Wolf                                                                            
                                                                                                    

2004-02-23                     House Journal                      Page 2698
Excused:  Crawford, Heinze, Kohring, Seaton                                                         
                                                                                                    
Absent:  Guttenberg, Kapsner, Kerttula, Kookesh, Williams, Wilson                                   
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
Amendment No. 2 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 3, following line 15:                                                                          
     Insert a new subsection to read:                                                               
         "(h)  The Department of Public Safety shall annually publish a                             
     report that summarizes the activities of teams established under                               
     this section.  The report must include conclusions,                                            
     recommendations, and general trends and shall be distributed to                                
     the governor, the legislature, and the Alaska Judicial Council."                              
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Samuels objected.                                                                    
                                                                                                    
Amendment No. 1 to Amendment No. 2 was offered  by                                                   
Representative Samuels:                                                                             
                                                                                                    
     Delete "Department of Public Safety"                                                           
     Insert "office of victims' rights"                                                             
                                                                                                    
Representative Samuels moved and asked unanimous consent that                                       
Amendment No. 1 to Amendment No. 2 be adopted.  There being no                                      
objection, it was so ordered.                                                                       
                                                                                                    
Amendment No. 2 to Amendment No. 2 as amended was offered by                                        
Representative Weyhrauch.                                                                           
                                                                                                    
     Delete "annually"                                                                              
     Insert "biennially"                                                                            
                                                                                                    
Representative Weyhrauch moved and asked unanimous consent that                                     
Amendment No. 2 to Amendment No. 2 as amended be adopted.                                           
                                                                                                    
Representative Samuels objected.                                                                    
                                                                                                    

2004-02-23                     House Journal                      Page 2699
Representative Weyhrauch moved and asked unanimous consent to                                       
withdraw Amendment No. 2 to Amendment No. 2. as amended.  There                                     
being no objection, it was so ordered.                                                              
                                                                                                    
There being no further objection, Amendment No. 2 as amended was                                    
adopted.                                                                                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 398(JUD) am be considered engrossed, advanced to third                                         
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
CSHB 398(JUD) am was read the third time.                                                           
                                                                                                    
The question being:  "Shall CSHB 398(JUD) am pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 398(JUD) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
                                                                                                    
YEAS:  31   NAYS:  0   EXCUSED:  4   ABSENT:  5                                                   
                                                                                                    
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Croft,                                       
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Harris, Hawker,                                    
Holm, Joule, Kapsner, Kott, Lynn, Masek, McGuire, Meyer, Morgan,                                    
Moses, Ogg, Rokeberg, Samuels, Stepovich, Stoltze, Weyhrauch,                                       
Wolf                                                                                                
                                                                                                    
                                                                                                    
Excused:  Crawford, Heinze, Kohring, Seaton                                                         
                                                                                                    
                                                                                                    
Absent:  Guttenberg, Kerttula, Kookesh, Williams, Wilson                                            
                                                                                                    
And so, CSHB 398(JUD) am passed the House and was referred to the                                   
Chief Clerk for engrossment.                                                                        
                                                                                                    
                           LEGISLATIVE CITATIONS                                                 
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citation on the calendar.  There being no objection,                              
the following citation was approved and sent to enrolling:                                          
                                                                                                    

2004-02-23                     House Journal                      Page 2700
Honoring - Sunshine Community Health Center                                                         
By Senators Ogan, Green; Representatives Masek, Stoltze, Kott,                                      
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Dahlstrom, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze,                                    
Holm, Joule, Kapsner, Kerttula, McGuire, Meyer, Morgan, Ogg,                                        
Rokeberg, Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson,                                  
Wolf                                                                                                
                                                                                                    
                            UNFINISHED BUSINESS                                                  
                                                                                                    
HCR 28                                                                                            
The Speaker added a Finance Committee referral to follow the                                        
Resources Committee referral for the following:                                                     
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 28                                                             
     Relating to the socioeconomic impacts of salmon harvesting                                     
     cooperatives.                                                                                  
                                                                                                    
HCR 28 is in the Resources Committee.                                                               
                                                                                                    
HB 417                                                                                            
The Speaker added a Finance Committee referral to follow the                                        
Resources Committee referral for the following:                                                     
                                                                                                    
     HOUSE BILL NO. 417                                                                             
     "An Act amending the definition of 'project' in the Act                                        
     establishing the Alaska Natural Gas Development Authority; and                                 
     providing for an effective date."                                                              
                                                                                                    
HB 417 is in the Resources Committee.                                                               
                                                                                                    
HB 510                                                                                            
The Speaker added a Health, Education & Social Services Committee                                   
referral for the following:                                                                         
                                                                                                    
     HOUSE BILL NO. 510                                                                             
     "An Act relating to the disclosure of certain records pertaining to                            
     children for certain distribution by Native corporations; and                                  
     providing for an effective date."                                                              
                                                                                                    

2004-02-23                     House Journal                      Page 2701
HB 510 is in the Labor & Commerce Committee with a further referral                                 
to the Judiciary Committee.                                                                         
                                                                                                    
HB 342                                                                                            
Representative Gruenberg added his name as cosponsor to:                                            
                                                                                                    
     HOUSE BILL NO. 342                                                                             
     "An Act relating to driving while intoxicated; and providing for an                            
     effective date."                                                                               
                                                                                                    
HB 348                                                                                            
Representatives Masek, Harris, Lynn, Croft, and Meyer added their                                   
names as cosponsors to:                                                                             
                                                                                                    
     CS FOR HOUSE BILL NO. 348(JUD)                                                                 
     "An Act relating to the rights of certain victims of crime to receive                          
     information about the office of victims' rights and the Violent                                
     Crimes Compensation Board."                                                                    
                                                                                                    
HB 397                                                                                            
Representatives Masek, Lynn, and Meyer added their names as                                         
cosponsors to:                                                                                      
                                                                                                    
     CS FOR HOUSE BILL NO. 397(JUD)                                                                 
     "An Act relating to defense contacts with and recordings of                                    
     statements of victims and witnesses of sexual offenses."                                       
                                                                                                    
HB 398                                                                                            
Representatives Masek, Gruenberg, Kookesh, Holm, Gara, Stepovich,                                   
Meyer, Croft, and Lynn added their names as cosponsors to:                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 398(JUD) am                                                              
       "An Act relating to domestic violence fatality review teams."                               
                                                                                                    
HB 434                                                                                            
Representatives Gruenberg and Wolf added their names as cosponsors                                  
to:                                                                                                 
                                                                                                    
     HOUSE BILL NO. 434                                                                             
     "An Act relating to the practice of naturopathic medicine; and                                 
     providing for an effective date."                                                              
                                                                                                    

2004-02-23                     House Journal                      Page 2702
HB 457                                                                                            
Representative Harris added his name as cosponsor to:                                               
                                                                                                    
     HOUSE BILL NO. 457                                                                             
     "An Act providing for differentiated secondary school diplomas;                                
     and providing for an effective date."                                                          
                                                                                                    
HB 472                                                                                            
Representative Fate added his name as cosponsor to:                                                 
                                                                                                    
     HOUSE BILL NO. 472                                                                             
     "An Act relating to claims for personal injury or wrongful death                               
     against health care providers; and providing for an effective date."                           
                                                                                                    
HB 493                                                                                            
Representatives Joule, Chenault, Cissna, and Kott added their names                                 
as cosponsors to:                                                                                   
                                                                                                    
     HOUSE BILL NO. 493                                                                             
     "An Act relating to adoption and revision of a long-term fiscal                                
     plan for the State of Alaska."                                                                 
                                                                                                    
HB 512                                                                                            
Representative Morgan added his name as cosponsor to:                                               
                                                                                                    
     HOUSE BILL NO. 512                                                                             
     "An Act establishing the Hydrogen Energy Partnership in the                                    
     Department of Community and Economic Development; requiring                                    
     the commissioner of community and economic development to                                      
     seek public and private funding for the partnership; providing for                             
     the contingent repeal of an effective date; and providing for an                               
     effective date."                                                                               
                                                                                                    
SB 283                                                                                            
Representative Morgan added his name as cross sponsor to:                                           
                                                                                                    
     CS FOR SENATE BILL NO. 283(FIN)                                                                
     "An Act making an appropriation to reverse the deposit of money                                
     available for appropriation in the general fund at the end of fiscal                           
     year 2003 into the constitutional budget reserve fund; making an                               

2004-02-23                     House Journal                      Page 2703
     appropriation for investment management fees for the                                           
     constitutional budget reserve fund; making appropriations under                                
     art. IX, sec. 17(c), Constitution of the State of Alaska, from the                             
     constitutional budget reserve fund; and providing for an effective                             
     date."                                                                                         
                                                                                                    
                                                                                                    
                                ENGROSSMENT                                                      
                                                                                                    
HB 340                                                                                            
Reconsideration of the following was not taken up on this legislative                               
day.  It was engrossed, signed by the Speaker and Chief Clerk and                                   
transmitted to the Senate for consideration:                                                        
                                                                                                    
     CS FOR HOUSE BILL NO. 340(JUD) am                                                              
     "An Act relating to damages in an action for a defect in the design,                           
     construction, and remodeling of certain dwellings; and providing                               
     for an effective date."                                                                        
                                                                                                    
HB 348                                                                                            
CSHB 348 (JUD) was engrossed, signed by the Speaker and Chief                                       
Clerk and transmitted with a House letter of intent to the Senate for                               
consideration.                                                                                      
                                                                                                    
                                                                                                    
HB 397                                                                                            
CSHB 397(JUD) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HB 398                                                                                            
CSHB 398(JUD) am 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.                                 
                                                                                                    
The following meetings today have been changed as indicated:                                        
                                                                                                    

2004-02-23                     House Journal                      Page 2704
Judiciary Committee                                                                                 
CHANGED TO:                                                1:20 p.m., 2/23                          
                                                                                                    
Resources Committee                                                                                 
CHANGED TO:                                                1:30 p.m., 2/23                          
                                                                                                    
                                ADJOURNMENT                                                      
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., February 24, 2004.  There being no                                  
objection, the House adjourned at 1:19 p.m.                                                         
                                                                                                    
                                              Suzi Lowell                                           
                                              Chief Clerk