Legislature(2003 - 2004)

2004-02-26 House Journal

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2004-02-26                     House Journal                      Page 2729
                                                                                                    
                               HOUSE JOURNAL                                                     
                                                                                                    
                         ALASKA STATE LEGISLATURE                                                
                                                                                                    
                TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                       
                                                                                                    
Juneau, Alaska                   Thursday              February 26, 2004                          
                                                                                                    
                              Forty-sixth Day                                                  
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 10:11 a.m.                                                                                  
                                                                                                    
Roll call showed 36 members present.  Representatives Chenault and                                  
Harris had been previously excused from a call of the House today.                                  
Representative Kookesh had been previously excused from a call of                                   
the House today and his presence was noted later.                                                   
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Fate be excused from a call of the House today because                               
of illness.  There being no objection, it was so ordered.  The presence                             
of Representative Fate was noted later.                                                             
                                                                                                    
The invocation was offered by the Chaplain, Connie Munro of the                                     
Juneau Unitarian Universalist Fellowship.  Representative Gruenberg                                 
moved and asked unanimous consent that the invocation be spread on                                  
the journal.  There being no objection, it was so ordered.                                          
                                                                                                    
     In honor of Black History Month and Elizabeth Peratrovich                                      
     Day, I would like to read from The Idea of Democracy by                                        
     Abraham Lincoln:                                                                               
                                                                                                    
     "As labor is the common burden of our race, so the effort of                                   
     some to shift their share of the burden onto the shoulders of                                  
     others is the great, durable curse of the race.  As I would not                                
     be a slave, so I would not be a master.  This expresses my                                     
     idea of a democracy.  Whatever differs from this, to the extent                                
     of the difference, is no democracy.                                                            
                                                                                                    

2004-02-26                     House Journal                      Page 2730
      Our reliance is in our love for liberty; our defense is in the                               
     spirit which prizes liberty as the heritage of all people in all                              
     lands everywhere.                                                                              
                                                                                                    
            Those who deny freedom to others deserve it not for                                    
     themselves, and cannot long retain it.                                                         
                                                                                                    
     Let us have faith that right makes might, and in that faith, let                              
     us, to the end, dare to do our duty as we understand it."                                      
                                                                                                    
                                                                                                    
                                                                                                    
The Pledge of Allegiance was led by Representative Kohring.                                         
                                                                                                    
                                                                                                    
                       CERTIFICATION OF THE JOURNAL                                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 44th and 45th legislative days and House and Senate                                 
Joint Journal Supplement No. 15 be approved as certified by the Chief                               
Clerk.  There being no objection, it was so ordered.                                                
                                                                                                    
                                                                                                    
                        MESSAGES FROM THE GOVERNOR                                               
                                                                                                    
                                                                                                    
The following letter dated February 26, 2004, was received:                                         
                                                                                                    
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
In accordance with AS 38.06.050(a) and AS 38.06.070, I am                                           
transmitting a copy of the Alaska Royalty Oil and Gas Development                                   
Advisory Board's resolution unanimously approving a royalty oil                                     
contract between the state and Flint Hills Resources Alaska, LLC, for                               
the sale of Alaska North Slope royalty oil.  Legislative approval for                               
the contract is required by AS 38.06.055.  Also enclosed for reference                              
is the Best Interest Finding of the Commissioner of the Department of                               
Natural Resources (DNR) dated February 12, 2004, and the signed                                     
contract.                                                                                           
                                                                                                    

2004-02-26                     House Journal                      Page 2731
DNR worked hard to secure favorable terms to the state and complete                                 
negotiations of the contract.  That hard work will now pay dividends                                
to all Alaskans.  Under the contract, the state will supply 24,000 to                               
77,000 barrels of North Slope royalty oil to Flint Hills Resources                                  
Alaska, LLC.  The department forecasts that state royalty revenues                                  
under the contract will be approximately $0.30 per barrel higher than                               
if the royalty were taken in value from the North Slope producers.                                  
This will result in increased revenues from $2.6 million to $8.4 million                            
per year.                                                                                           
                                                                                                    
                                                                                                    
The contract uses Alaska North Slope spot prices to determine the                                   
royalty in-kind price.  This along with a fixed transportation price                                
eliminates the need for retroactive adjustments - which removes the                                 
risk of the state losing value in royalty re-openers.                                               
                                                                                                    
                                                                                                    
I urge your prompt consideration and approval of the contract.                                      
                                                                                                    
                                                                                                    
                                Sincerely yours,                                                    
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                 Governor"                                                         
                                                                                                    
                                                                                                    
The Speaker referred the letter and enclosures to the Finance                                       
Committee.                                                                                          
                                                                                                    
                                                                                                    
SCR 21                                                                                            
A message dated February 24, 2004, was read stating the Governor is                                 
transmitting the engrossed and enrolled copies of the following                                     
resolution to the Lieutenant Governor's office for permanent filing:                                
                                                                                                    
     SENATE CONCURRENT RESOLUTION NO. 21                                                            
     Relating to declaring March 2004 as Sobriety Awareness Month.                                  
                                                                                                    
     Legislative Resolve No. 36                                                                     
                                                                                                    

2004-02-26                     House Journal                      Page 2732
                         MESSAGES FROM THE SENATE                                                
                                                                                                    
A message dated February 25, 2004, was read stating the Senate has                                  
accepted the revised invitation to meet in joint session in the House                               
Chamber at 11:00 a.m., April 2 to hear an address by the Honorable                                  
Lisa Murkowski, U.S. Senator.                                                                       
                                                                                                    
                                                                                                    
HB 304                                                                                            
A message dated February 25, 2004, was read stating the Senate has                                  
passed:                                                                                             
                                                                                                    
     HOUSE BILL NO. 304                                                                             
     "An Act naming the Jack Coghill Bridge to the Interior."                                       
                                                                                                    
HB 304 was referred to the Chief Clerk for enrollment.                                              
                                                                                                    
                                                                                                    
A message dated February 25, 2004, was read stating the Senate has                                  
passed the following and they are transmitted for consideration:                                    
                                                                                                    
                                                                                                    
                        FIRST READING AND REFERENCE                                              
                              OF SENATE BILLS                                                    
                                                                                                    
SB 264                                                                                            
SENATE BILL NO. 264 by the Senate Rules Committee by request of                                     
the Governor, entitled:                                                                             
                                                                                                    
     "An Act repealing the time limitation on the authority of the                                  
     Department of Natural Resources to enter into agreements with a                                
     person or persons desiring to own an oil or natural gas pipeline                               
     proposed to be located on state land for the purposes of providing                             
     for payment of the reasonable costs incurred in preparing for                                  
     activities before receipt of an application under the Alaska Right-                            
     of-Way Leasing Act; and providing for an effective date."                                      
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Oil & Gas and the Resources Committee.                                                              
                                                                                                    

2004-02-26                     House Journal                      Page 2733
SB 265                                                                                            
CS FOR SENATE BILL NO. 265(RES) by the Senate Resources                                             
Committee, entitled:                                                                                
                                                                                                    
     "An Act relating to the schedule of proposed oil and gas lease                                 
     sales and to a related report to the legislature; and providing for an                         
     effective date."                                                                               
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Oil & Gas and the Resources Committee.                                                              
                                                                                                    
                                                                                                    
SB 266                                                                                            
SENATE BILL NO. 266 by the Senate Rules Committee by request of                                     
the Governor, entitled:                                                                             
                                                                                                    
     "An Act approving an interim classification by the commissioner                                
     of natural resources closing certain land within the area of the                               
     proposed Bristol Bay (Alaska Peninsula) competitive oil and gas                                
     areawide lease sale to oil and gas exploration licensing and                                   
     shallow natural gas leasing; and providing for an effective date."                             
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Oil & Gas and the Resources Committee.                                                              
                                                                                                    
                                                                                                    
                              COMMUNICATIONS                                                     
                                                                                                    
The following were received:                                                                        
                                                                                                    
                                                                                                    
Alaska Court System                                                                                 
2003 Annual Report                                                                                  
                                                                                                    
                                                                                                    
Alaska Railroad Corporation                                                                         
Special Report to the State of Alaska                                                               
Legislature and Administration                                                                      
January 2004                                                                                        
                                                                                                    

2004-02-26                     House Journal                      Page 2734
Dept. of Revenue                                                                                    
Division of Treasury                                                                                
Alaska Public Debt, 2003 - 2004                                                                     
January 2004                                                                                        
                                                                                                    
                                                                                                    
HB 75                                                                                             
Pursuant to:                                                                                        
                                                                                                    
                                                                                                    
     CONFERENCE CS FOR SS FOR HOUSE BILL NO. 75                                                     
     "An Act making appropriations for the operating and loan                                       
     program expenses of state government, for certain programs, and                                
     to capitalize funds; and providing for an effective date."                                     
                                                                                                    
     Chapter No. 83, SLA 2003                                                                       
                                                                                                    
A transmittal letter dated February 18, 2004, from the Local Boundary                               
Commission and the Dept. of Education & Early Development was                                       
received notifying the legislature that the School Consolidation Study                              
is available electronically at the following site:                                                  
                                                                                                    
http://www.dced.state.ak.us/dca/lbc/lbc.htm                                                         
                                                                                                    
                                                                                                    
SB 100                                                                                            
Pursuant to:                                                                                        
                                                                                                    
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 100(FIN) am                                                
     H(brf sup maj fld H)                                                                           
     "An Act making capital appropriations, supplemental                                            
     appropriations, and reappropriations; capitalizing funds; making                               
     other appropriations; and providing for an effective date."                                    
                                                                                                    
     Chapter No. 82, SLA 2003                                                                       
                                                                                                    
                                                                                                    
The following was received:                                                                         
                                                                                                    

2004-02-26                     House Journal                      Page 2735
Dept. of Transportation & Public Facilities                                                         
Shakwak Federal Receipts Investment Plan                                                            
February 22, 2004                                                                                   
                                                                                                    
                                                                                                    
                      REPORTS OF STANDING COMMITTEES                                             
                                                                                                    
HJR 20                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     HOUSE JOINT RESOLUTION NO. 20                                                                  
     Proposing amendments to the Constitution of the State of Alaska                                
     repealing the prohibition on dedicated funds.                                                  
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE JOINT RESOLUTION NO. 20(JUD)                                                      
     Proposing amendments to the Constitution of the State of Alaska                                
     creating a highway fund.                                                                       
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (1):  Foster                                                                                
                                                                                                    
Do not pass (3):  Joule, Fate, Harris                                                               
                                                                                                    
No recommendation (6):  Meyer, Hawker, Croft, Stoltze, Moses,                                       
Williams                                                                                            
                                                                                                    
The following fiscal note(s) apply to CSHJR 20(JUD):                                                
                                                                                                    
2.  Fiscal, Office of the Governor                                                                  
                                                                                                    
HJR 20 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HJR 35                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    

2004-02-26                     House Journal                      Page 2736
     HOUSE JOINT RESOLUTION NO. 35                                                                  
     Relating to mad cow disease and country-of-origin labeling for                                 
     meat products.                                                                                 
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE JOINT RESOLUTION NO. 35(L&C)                                                      
     Relating to bovine spongiform encephalopathy, commonly known                                   
     as mad cow disease, and country-of-origin labeling for meat                                    
     products.                                                                                      
                                                                                                    
The report was signed by Representatives Dahlstrom and Masek, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (6):  Kerttula, Guttenberg, Lynn, Heinze, Dahlstrom, Masek                                  
                                                                                                    
No recommendation (1):  Wolf                                                                        
                                                                                                    
Amend (2):  Gatto, Stepovich                                                                        
                                                                                                    
The following fiscal note(s) apply to CSHJR 35(L&C):                                                
                                                                                                    
1.  Zero, House Labor & Commerce Committee                                                          
                                                                                                    
HJR 35 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 29                                                                                             
The Judiciary Committee has considered:                                                             
                                                                                                    
     SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 29                                                       
     "An Act relating to real estate licensees and real estate                                      
     transactions; and providing for an effective date."                                            
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                   
     29(JUD)                                                                                        
     (same title)                                                                                   
                                                                                                    

2004-02-26                     House Journal                      Page 2737
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Samuels, Anderson, Ogg, McGuire                                                       
                                                                                                    
No recommendation (2):  Gara, Gruenberg                                                             
                                                                                                    
The following fiscal note(s) apply to CSSSHB 29(JUD):                                               
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
SSHB 29 was referred to the Rules Committee for placement on the                                    
calendar.                                                                                           
                                                                                                    
HB 188                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
     HOUSE BILL NO. 188                                                                             
     "An Act relating to the authority of the Department of Natural                                 
     Resources to issue citations for certain skiing violations; relating                           
     to establishing a bail schedule for certain skiing violations and to                           
     procedures for issuing a citation for a skiing violation."                                     
                                                                                                    
The report was signed by Representatives Masek and Dahlstrom, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (5):  Heinze, Lynn, Kerttula, Masek, Dahlstrom                                              
                                                                                                    
No recommendation (2):  Stepovich, Guttenberg                                                       
                                                                                                    
Amend (1):  Gatto                                                                                   
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Alaska Court System                                                                       
                                                                                                    
HB 188 was referred to the State Affairs Committee.                                                 
                                                                                                    
HB 341                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    

2004-02-26                     House Journal                      Page 2738
     HOUSE BILL NO. 341                                                                             
       "An Act relating to the dive fishery management assessment."                                
                                                                                                    
The report was signed by Representatives Masek and Dahlstrom, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (8):  Heinze, Stepovich, Gatto, Lynn, Wolf, Kerttula, Masek,                                
Dahlstrom                                                                                           
                                                                                                    
Do not pass (1):  Guttenberg                                                                        
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
                                                                                                    
HB 341 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 344                                                                                            
The Resources Committee considered:                                                                 
                                                                                                    
     HOUSE BILL NO. 344                                                                             
     "An Act relating to annual rental fees for mining claims, and                                  
     providing for reduced royalties during the first three years of                                
     production."                                                                                   
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 344(RES)                                                                 
     "An Act relating to annual rental fees, statements of annual labor,                            
     and production royalty for mining claims; and providing a cure for                             
     abandonment."                                                                                  
                                                                                                    
The report was signed by Representatives Masek and Dahlstrom, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (7):  Heinze, Lynn, Stepovich, Wolf, Kerttula, Masek,                                       
Dahlstrom                                                                                           
                                                                                                    
No recommendation (2):  Gatto, Guttenberg                                                           
                                                                                                    

2004-02-26                     House Journal                      Page 2739
The following fiscal note(s) apply to CSHB 344(RES):                                                
                                                                                                    
1.  Fiscal, Dept. of Natural Resources                                                              
                                                                                                    
HB 344 was referred to the Finance Committee.                                                       
                                                                                                    
HB 357                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     HOUSE BILL NO. 357                                                                             
     "An Act relating to restitution; and providing for an effective                                
     date."                                                                                         
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 357(JUD)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (10):  Meyer, Hawker, Stoltze, Joule, Croft, Moses, Fate,                                   
Foster, Harris, Williams                                                                            
                                                                                                    
The following fiscal note(s) apply to CSHB 357(JUD):                                                
                                                                                                    
1.  Indeterminate, Dept. of Administration                                                          
2.  Indeterminate, Dept. of Law                                                                     
                                                                                                    
HB 357 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 394                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
     HOUSE BILL NO. 394                                                                             
     "An Act extending the Alaska Commission on Aging."                                             
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    

2004-02-26                     House Journal                      Page 2740
     CS FOR HOUSE BILL NO. 394(HES)                                                                 
     "An Act extending the termination date of the Alaska Commission                                
     on Aging and making technical revisions to citations related to the                            
     commission."                                                                                   
                                                                                                    
The report was signed by Representative Wilson, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Wolf, Coghill, Cissna, Wilson                                                         
                                                                                                    
The following fiscal note(s) apply to CSHB 394(HES):                                                
                                                                                                    
1.  Fiscal, Dept. of Health & Social Services                                                       
                                                                                                    
HB 394 was referred to the Finance Committee.                                                       
                                                                                                    
HB 404                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
     HOUSE BILL NO. 404                                                                             
     "An Act relating to the Alaska Commission on Postsecondary                                     
     Education; relating to the Alaska Student Loan Corporation;                                    
     relating to bonds of the corporation; relating to loan and grant                               
     programs of the commission; relating to an exemption from the                                  
     State Procurement Code regarding certain contracts of the                                      
     commission or corporation; making conforming changes; and                                      
     providing for an effective date."                                                              
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 404(HES)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative Wilson, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Gatto, Wolf, Coghill, Seaton, Cissna, Wilson                                          
                                                                                                    
The following fiscal note(s) apply to CSHB 404(HES):                                                
                                                                                                    

2004-02-26                     House Journal                      Page 2741
1.  Zero, Dept. of Administration                                                                   
2.  Zero, Dept. of Community & Economic Development                                                 
4.  Zero, Dept. of Labor & Workforce Development                                                    
5.  Fiscal, Dept. of Education & Early Development                                                  
                                                                                                    
HB 404 was referred to the Finance Committee.                                                       
                                                                                                    
                                                                                                    
HB 418                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     HOUSE BILL NO. 418                                                                             
     "An Act extending the termination date of the Real Estate                                      
     Commission; and providing for an effective date."                                              
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 418(L&C)                                                                 
     "An Act extending the termination date of the Real Estate                                      
     Commission; relating to real estate; relating to home inspectors;                              
     relating to real estate licensees; and providing for an effective                              
     date."                                                                                         
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Lynn, Gatto, Rokeberg, Dahlstrom, Anderson                                            
                                                                                                    
No recommendation (1):  Guttenberg                                                                  
                                                                                                    
The following fiscal note(s) apply to CSHB 418(L&C):                                                
                                                                                                    
1.  Fiscal, Dept. of Community & Economic Development                                               
                                                                                                    
HB 418 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 428                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    

2004-02-26                     House Journal                      Page 2742
     HOUSE BILL NO. 428                                                                             
     "An Act relating to civil liability for acts related to obtaining                              
     alcohol for persons under 21 years of age or for persons under 21                              
     years of age being on licensed premises."                                                      
                                                                                                    
The report was signed by Representative Gatto, Vice Chair, with the                                 
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Crawford, Lynn, Rokeberg, Guttenberg, Gatto                                           
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Alaska Court System                                                                       
2.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
HB 428 was referred to the Judiciary Committee.                                                     
                                                                                                    
HB 430                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     HOUSE BILL NO. 430                                                                             
     "An Act relating to employees under 21 years of age in the                                     
     premises of hotels, restaurants, and eating places that are licensed                           
     to sell, serve, deliver, or dispense alcoholic beverages."                                     
                                                                                                    
The report was signed by Representative Gatto, Vice Chair, with the                                 
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Crawford, Lynn, Rokeberg, Guttenberg, Gatto                                           
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Labor & Workforce Development                                                    
2.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
HB 430 was referred to the Judiciary Committee.                                                     
                                                                                                    
HB 431                                                                                            
The Community & Regional Affairs Committee has considered:                                          
                                                                                                    

2004-02-26                     House Journal                      Page 2743
     HOUSE BILL NO. 431                                                                             
     "An Act relating to the municipal dividend program; and                                        
     providing for an effective date."                                                              
                                                                                                    
The report was signed by Representative Morgan, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Kott, Cissna, Morgan                                                                  
                                                                                                    
No recommendation (2):  Samuels, Wolf                                                               
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
2.  Fiscal, Dept. of Community & Economic Development                                               
                                                                                                    
HB 431 was referred to the State Affairs Committee.                                                 
                                                                                                    
                                                                                                    
HB 438                                                                                            
The Transportation Committee has considered:                                                        
                                                                                                    
     HOUSE BILL NO. 438                                                                             
     "An Act relating to motorists moving over or slowing down for                                  
     emergency vehicles."                                                                           
                                                                                                    
The report was signed by Representative Holm, Chair, with the                                       
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Ogg, Stepovich, Holm                                                                  
                                                                                                    
No recommendation (2):  Masek, Kohring                                                              
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Law                                                                              
2.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
HB 438 was referred to the State Affairs Committee.                                                 
                                                                                                    

2004-02-26                     House Journal                      Page 2744
HB 447                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
     HOUSE BILL NO. 447                                                                             
     "An Act making corrective amendments to the Alaska Statutes as                                 
     recommended by the revisor of statutes; and providing for an                                   
     effective date."                                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 447(STA)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Holm, Lynn, Coghill, Weyhrauch                                                        
                                                                                                    
No recommendation (1):  Berkowitz                                                                   
                                                                                                    
The following fiscal note(s) apply to CSHB 447(STA):                                                
                                                                                                    
1.  Zero, Legislative Agency                                                                        
                                                                                                    
HB 447 was referred to the Judiciary Committee.                                                     
                                                                                                    
HB 503                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     HOUSE BILL NO. 503                                                                             
     "An Act relating to the tobacco product Master Settlement                                      
     Agreement; and providing for an effective date."                                               
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (5):  Hawker, Fate, Foster, Harris, Williams                                                
                                                                                                    
No recommendation (1):  Stoltze                                                                     
                                                                                                    

2004-02-26                     House Journal                      Page 2745
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
                                                                                                    
HB 503 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
SB 63                                                                                             
The Community & Regional Affairs Committee has considered:                                          
                                                                                                    
     CS FOR SENATE BILL NO. 63(STA)                                                                 
     "An Act relating to transition provisions related to municipal                                 
     mergers, consolidations, dissolutions, reclassifications,                                      
     annexations, detachments, and incorporations; and relating to                                  
     municipal property taxation in annexed, detached, and newly                                    
     incorporated areas."                                                                           
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 63(CRA)                                                    
     "An Act relating to municipal property taxation in annexed,                                    
     detached, and newly incorporated areas."                                                       
                                                                                                    
     (HCR 33 - title change authorization)                                                          
                                                                                                    
The report was signed by Representative Morgan, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Anderson, Samuels                                                                     
                                                                                                    
No recommendation (2):  Wolf, Morgan                                                                
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 63(CRA):                                             
                                                                                                    
2.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
CSSB 63(STA) was referred to the Rules Committee for placement on                                   
the calendar.                                                                                       
                                                                                                    

2004-02-26                     House Journal                      Page 2746
                       REPORTS OF SPECIAL COMMITTEES                                             
                                                                                                    
HJR 36                                                                                            
The House Special Committee on Fisheries has considered:                                            
                                                                                                    
     HOUSE JOINT RESOLUTION NO. 36                                                                  
     Requesting the National Park Service to mitigate the adverse                                   
     economic effects of commercial fishing closures and restrictions                               
     in Glacier Bay National Park and Preserve.                                                     
                                                                                                    
The report was signed by Representative Seaton, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Ogg, Samuels, Guttenberg, Wilson, Seaton                                              
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Legislative Agency                                                                        
                                                                                                    
HJR 36 was referred to the Resources Committee.                                                     
                                                                                                    
                                                                                                    
HB 419                                                                                            
The House Special Committee on Economic Development,                                                
International Trade, & Tourism has considered:                                                      
                                                                                                    
     HOUSE BILL NO. 419                                                                             
     "An Act relating to regional seafood development associations and                              
     to regional seafood development taxes."                                                        
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 419(EDT)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative Heinze, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Crawford, Heinze                                                                      
                                                                                                    

2004-02-26                     House Journal                      Page 2747
No recommendation (2):  Dahlstrom, Cissna                                                           
                                                                                                    
Amend (1):  Kohring                                                                                 
                                                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 419(EDT):                                                
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
2.  Indeterminate, Dept. of Revenue                                                                 
                                                                                                    
HB 419 was referred to the Resources Committee.                                                     
                                                                                                    
                                                                                                    
HB 444                                                                                            
The House Special Committee on Fisheries has considered:                                            
                                                                                                    
     HOUSE BILL NO. 444                                                                             
     "An Act relating to direct marketing fisheries businesses, to the                              
     fisheries business tax, and to liability for payment of taxes and                              
     assessments on the sale or transfer of fishery resources; and                                  
     providing for an effective date."                                                              
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 444(FSH)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative Seaton, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Wilson, Seaton                                                                        
                                                                                                    
No recommendation (3):  Ogg, Samuels, Guttenberg                                                    
                                                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 444(FSH):                                                
                                                                                                    
1.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
HB 444 was referred to the Resources Committee.                                                     

2004-02-26                     House Journal                      Page 2748
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                              OF HOUSE BILLS                                                     
                                                                                                    
HB 522                                                                                            
HOUSE BILL NO. 522 by the House State Affairs Committee,                                            
entitled:                                                                                           
                                                                                                    
     "An Act relating to discharges from small commercial passenger                                 
     vessels; and providing for an effective date."                                                 
                                                                                                    
was read the first time and referred to the Resources Committee.                                    
                                                                                                    
                                                                                                    
HB 523                                                                                            
HOUSE BILL NO. 523 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to qualifications of voters, voter registration,                              
     voter residence, precinct boundary modification, recognized                                    
     political parties, voters unaffiliated with political parties, early                           
     voting, absentee voting, ballot counting, voting by mail, initiative,                          
     referendum, recall, and definitions; and providing for an effective                            
     date."                                                                                         
                                                                                                    
was read the first time and referred to the State Affairs, Judiciary, and                           
Finance Committees.                                                                                 
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Law                                                                              
2.  Fiscal, Office of the Governor                                                                  
                                                                                                    
The Governor's transmittal letter dated February 25, 2004, follows:                                 
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Under the authority of article III, section 18, of the Alaska                                       
Constitution, I am transmitting a bill relating to the state's elections                            
statutes.                                                                                           
                                                                                                    

2004-02-26                     House Journal                      Page 2749
This bill would update statutes on qualifications of voters, voter                                  
registration, voter residence, precinct boundary modification,                                      
recognized political parties, voters unaffiliated with political parties,                           
early and absentee voting, ballot counting, voting by mail, initiatives,                            
referendums, recalls, and definitions.                                                              
                                                                                                    
The updates are necessary to reflect current practices of the Division                              
of Elections and to bring the statutes into compliance with recent court                            
decisions and federal law.                                                                          
                                                                                                    
Section 1 of the bill would amend two provisions in AS 15.05.020 on                                 
rules for determining the residence of a voter.  It would amend AS                                  
15.05.020(2) to clarify that "temporary work sites" do not constitute a                             
dwelling place; this provision formerly referenced "construction                                    
camps."  Section 1 also would amend AS 15.05.020(10) to reference                                   
the official voter registration "record," rather than "card."                                       
                                                                                                    
Section 2 of the bill would amend AS 15.07.060(a)(4) on required                                    
registration information, to specify that the applicant must provide the                            
applicant's Alaska residence address.                                                               
                                                                                                    
Section 3 of the bill would amend AS 15.10.090 on notice of precinct                                
boundary designation and modification, to require that notice be                                    
published on the Division of Elections' Internet web site, to provide                               
that written notice need not be posted in a physical place if notice is                             
published in a newspaper, and to reduce the number of places where                                  
notice is posted from three places to one place.                                                    
                                                                                                    
Section 4 of the bill would amend AS 15.15.350(a), on the general                                   
procedure for a ballot count, to require that the accounting for all                                
ballots prepared by the election board include the number of ballots                                
returned to the elections supervisor for destruction.                                               
                                                                                                    
Sections 5 and 6 of the bill would amend AS 15.20.064 on early                                      
voting, to allow the director of elections to designate other locations,                            
in addition to election supervisor offices, for early voting.                                       
                                                                                                    
Section 7 of the bill would amend AS 15.20.066(b) on absentee voting                                
by electronic transmission, to lower the number of witnesses required                               
from two to one.                                                                                    
                                                                                                    

2004-02-26                     House Journal                      Page 2750
Sections 8 and 9 of the bill would amend AS 15.20.081(d) on absentee                                
voting by mail or electronic transmission, to lower the number of                                   
witnesses required from two to one, and AS 15.20.081(h) to change                                   
the reference to military addresses from "APO or FPO address" to an                                 
"overseas voter qualifying under AS 15.05.011."                                                     
                                                                                                    
Section 10 of the bill would amend AS 15.20.800 on voting by mail to                                
specify that a ballot will not be sent to a voter whose address has been                            
identified as undeliverable.                                                                        
                                                                                                    
Section 11 of the bill would add a proposed new section, AS                                         
15.20.910, on voting system standards, incorporating recent federal                                 
requirements under the Help America Vote Act.                                                       
                                                                                                    
Section 12 of the bill would amend AS 15.45.030 on the form of the                                  
application for an initiative petition, to require additional information                           
from the sponsors.                                                                                  
                                                                                                    
Section 13 of the bill would amend AS 15.45.060 on designation of                                   
sponsors for an initiative, to specify that sponsors support the bill                               
proposed by the initiative application.                                                             
                                                                                                    
Section 14 of the bill would amend AS 15.45.090 on preparation of                                   
petitions, to require the printed name and date of birth of those signing                           
an initiative petition.  This section also would require that initiative                            
petitions be sequentially numbered, and removes the requirement that                                
the lieutenant governor keep a record of petitions delivered to                                     
sponsors.  These amendments are proposed to comply with the state                                   
Superior Court's decision in the case of Hinterberger v. State, 3AN-03-                             
4092 CI (October 21, 2003).                                                                         
                                                                                                    
Section 15 of the bill would add a proposed new section, AS                                         
15.45.105, to specify the qualifications of an initiative petition                                  
circulator.                                                                                         
                                                                                                    
Section 16 of the bill would amend AS 15.45.120 on the manner of                                    
signing and withdrawing a name from an initiative petition, to require                              
additional information from initiative petition signers.                                            
                                                                                                    

2004-02-26                     House Journal                      Page 2751
Section 17 of the bill would amend AS 15.45.130 on the certification                                
of circulators for an initiative petition, to reference the proposed new                            
section on qualifications of an initiative petition circulator, and to                              
delete the requirement that the circulator's name be prominently                                    
displayed on the petition.  This latter requirement has not been                                    
enforced for some time in order to comply with the United States                                    
Supreme Court opinion in Buckley v. American Constitutional Law                                     
Foundation, 525 U.S. 182 (1999), under advice from a formal opinion                                 
of the state attorney general's office, 2000 Op. Att'y Gen. No. 3                                   
(September 22).                                                                                     
                                                                                                    
Section 18 of the bill would amend AS 15.45.200 on display of the                                   
proposed law, to reduce the number of copies of a law proposed by an                                
initiative displayed in the polling place from three to one.                                        
                                                                                                    
Section 19 of the bill would amend AS 15.45.270 on the form of the                                  
application, to conform the requirements for a referendum application                               
to those required for an initiative application.                                                    
                                                                                                    
Section 20 of the bill would amend AS 15.45.290 on designation of                                   
sponsors, to conform the requirements for a referendum sponsor to                                   
those required for an initiative sponsor.                                                           
                                                                                                    
Section 21 of the bill would amend AS 15.45.320 on preparation of a                                 
petition, to conform the requirements for a referendum petition to                                  
those required for an initiative petition.                                                          
                                                                                                    
Section 22 of the bill would add a proposed new section, AS                                         
15.45.335, to set out the qualifications for a circulator of a referendum                           
petition.                                                                                           
                                                                                                    
Section 23 of the bill would amend AS 15.45.340 on circulation, to                                  
incorporate the prohibitions and penalties applicable to initiative                                 
petitions and apply these to circulation of referendum petitions.                                   
                                                                                                    
Section 24 of the bill would amend AS 15.45.350 on the manner of                                    
signing and withdrawing a name from a petition, to require additional                               
information for signing a referendum petition.                                                      
                                                                                                    

2004-02-26                     House Journal                      Page 2752
Section 25 of the bill would amend AS 15.45.360 on the certification                                
of circulators, to conform the requirements for circulation of a                                    
referendum petition to those required for circulation of an initiative                              
petition.                                                                                           
                                                                                                    
Section 26 of the bill would amend AS 15.45.430 on display of the act                               
being referred to in the referendum, to reduce the number of copies of                              
the act displayed in the polling place from three to one.                                           
                                                                                                    
Section 27 of the bill would amend AS 15.45.500 on the form of the                                  
application, to specify similar requirements for a recall application to                            
those required for an initiative application, including deleting the                                
requirement that recall petition circulators be registered voters.                                  
                                                                                                    
Section 28 of the bill would add a proposed new section, AS                                         
15.45.515, on the designation of sponsors for a recall application using                            
language similar to the statute on initiative petition sponsors.                                    
                                                                                                    
Section 29 of the bill would amend AS 15.45.560 on preparation of the                               
recall petition, to impose requirements similar to the requirements for                             
an initiative petition.                                                                             
                                                                                                    
Section 30 of the bill would add a proposed new section, AS                                         
15.45.575, on qualifications of circulators to set out the qualifications                           
for circulation of a recall petition.                                                               
                                                                                                    
Section 31 of the bill would amend AS 15.45.580 on circulation, to                                  
add requirements on circulation of a recall petition similar to those for                           
circulation of initiative petitions.                                                                
                                                                                                    
Section 32 of the bill would amend AS 15.45.590 on the manner of                                    
signing and withdrawing a name from a petition, to require additional                               
information from recall petition signers.                                                           
                                                                                                    
Section 33 of the bill would amend AS 15.45.600 on certification of                                 
circulators for a recall petition, to add similar requirements to those for                         
circulation of an initiative petition.                                                              
                                                                                                    
Section 34 of the bill would amend AS 15.45.680 on display of                                       
grounds for and against recall, to reduce the number of copies                                      
displayed in the polling place from three to one.                                                   

2004-02-26                     House Journal                      Page 2753
                                                                                                    
Section 35 of the bill would add a proposed new section, AS                                         
15.60.003, to set up categories for voters who are unaffiliated with                                
political parties.                                                                                  
                                                                                                    
Section 36 of the bill would add a proposed new section, AS                                         
15.60.008, to set out the requirements for recognized political party                               
status.                                                                                             
                                                                                                    
Section 37 of the bill would amend the definition of "political party" in                           
AS 15.60.010(21) to use the election for any statewide office, rather                               
than solely the Office of Governor, as the benchmark for attaining the                              
voter support necessary for political party status.                                                 
                                                                                                    
Section 38 of the bill would amend AS 15.60.010 by adding new                                       
definitions of "re-registration" and "statewide office" for the purposes                            
of AS 15 on elections.                                                                              
                                                                                                    
Section 39 of the bill would provide that the changes made by sections                              
12 - 34 of the bill apply to an application for an initiative, referendum,                          
or recall that is filed with the lieutenant governor on or after the                                
effective date of the bill.                                                                         
                                                                                                    
Section 40 of the bill would provide that the elections statutes, as they                           
existed before the amendments made by sections 12 - 34 of this bill,                                
would apply to an initiative, referendum, or recall for which the                                   
application was filed before the effective date of the bill.                                        
                                                                                                    
Section 41 of the bill sets out a revisor's instruction related to the                              
addition of proposed AS 15.20.910 in section 11 of the bill.                                        
                                                                                                    
Section 42 of the bill would establish an immediate effective date for                              
the bill.                                                                                           
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                Sincerely yours,                                                    
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                 Governor"                                                         
                                                                                                    

2004-02-26                     House Journal                      Page 2754
HB 524                                                                                            
HOUSE BILL NO. 524 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to the protection of land and water from waste                                
     disposal; providing for the regulation of waste management;                                    
     making conforming amendments; and providing for an effective                                   
     date."                                                                                         
                                                                                                    
was read the first time and referred to the Resources Committee.                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Environmental Conservation                                                       
                                                                                                    
The Governor's transmittal letter dated February 25, 2004, follows:                                 
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Under the authority of article III, section 18, of the Alaska                                       
Constitution, and in the interest of reducing duplication in and                                    
otherwise improving regulatory processes, I am transmitting a bill                                  
relating to regulation of waste management and disposal that would:                                 
                                                                                                    
     1. reorganize and supplement existing statutory authority to                                   
     provide flexibility in the regulatory tools used to control the                                
     treatment and disposal of waste;                                                               
                                                                                                    
     2. streamline certain aspects of the permitting process; and                                   
                                                                                                    
     3. provide explicit statutory authority for proof of financial                                 
     responsibility for certain types of municipal solid waste and                                  
     mining waste treatment and disposal facilities.                                                
                                                                                                    
Under existing state law, the Department of Environmental                                           
Conservation (DEC) regulates a broad universe of waste and                                          
wastewater disposal activities.  In addition to regulating discharges to                            
surface waters, the DEC regulates discharges to groundwater and the                                 
disposal of solid and liquid wastes on land.  The existing statutory                                
authority for these regulatory programs is drawn from several sections                              

2004-02-26                     House Journal                      Page 2755
of AS 46.03, some providing broad, general powers and others                                        
prescribing detailed requirements.  These statutory authorities do not                              
provide adequate regulatory tools for efficient regulation of waste                                 
treatment and disposal.                                                                             
                                                                                                    
This bill would change the existing statutory authority for a waste                                 
disposal permit program (AS 46.03.100) by reorganizing and                                          
supplementing it.  That reorganized section would preserve the                                      
essential requirement to obtain authorization before conducting an                                  
operation that results in waste disposal.  The bill would allow for the                             
needed authorization to take one of several forms, providing flexibility                            
to use regulatory tools other than the individual and general permits                               
contemplated by the current law, in addition to those permits.  The bill                            
would provide for stakeholder participation in that even the simplest of                            
the regulatory tools would include notice and comment regulation                                    
adoption.                                                                                           
                                                                                                    
The changes proposed to existing AS 46.03.100 would address                                         
requirements for proof of financial responsibility for certain types of                             
waste treatment or disposal facilities.  Current law explicitly requires                            
such proof only for permits to dispose of hazardous waste.  This bill                               
would refocus the requirement on solid waste disposal facilities that                               
accept hazardous waste and on mine waste treatment and disposal                                     
facilities that use chemical processing or have acid generation                                     
potential.  For mines that do not use chemical processing or produce                                
waste with acid generation potential, proof of financial responsibility                             
would not be required as a condition for the waste treatment or                                     
disposal authorization, but this would not affect the separate                                      
reclamation-related financial responsibility requirements administered                              
by the Department of Natural Resources.  The bill would provide for                                 
DEC to accept proof of financial responsibility provided to the                                     
Department of Natural Resources or a federal land manager agency for                                
mine reclamation instead of requiring duplicative bonding.                                          
                                                                                                    
The bill would clarify that the proof of financial responsibility must                              
cover managing and closing the facility to control or minimize the risk                             
of release of unauthorized levels of pollutants to waters.  The bill also                           
would allow for the possibility that this financial responsibility                                  
requirement may need to be extended to some municipal solid waste                                   
disposal facilities.                                                                                
                                                                                                    

2004-02-26                     House Journal                      Page 2756
The changes proposed to AS 46.03.100 would modify the requirement                                   
for a solid waste permit applicant to demonstrate consideration of all                              
solid waste management options and consistency with the waste                                       
reduction practices and priorities of AS 46.06.021.  As modified, those                             
requirements would apply only to non-municipal solid waste disposal                                 
applicants.                                                                                         
                                                                                                    
                                                                                                    
The bill also would reorder the components of the waste disposal                                    
authorization provisions so that they flow from the prohibition against                             
unauthorized waste disposal, to the basic regulatory tools available for                            
authorizing the disposal, to provisions for plan reviews and integrated                             
waste management permits, to the exemptions, and finally to specific                                
requirements that must be met by certain categories of disposers.                                   
                                                                                                    
                                                                                                    
This bill would amend some existing permit processing requirements                                  
related to application submittals, public notice and comment                                        
opportunities, the maximum term of permits, and the causes for                                      
termination or modification of an authorization.                                                    
                                                                                                    
                                                                                                    
This bill would add a definition for "municipal solid waste" and would                              
amend the definition of "solid waste."  It also would repeal the plan                               
submittal, review, and approval provisions of AS 46.03.090 and                                      
46.03.720(a) as superfluous in light of the changes proposed to AS                                  
46.03.100 (which makes written plan approvals one of the tools                                      
available for authorizing activities covered by the repealed sections).                             
It also would make conforming amendments in AS 16.05.782(e), AS                                     
44.46.025(a), and 46.03.833(a), to reflect citation or terminology                                  
changes caused by other amendments and repealers in the bill.                                       
                                                                                                    
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                                                                                    
                                Sincerely yours,                                                    
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                 Governor"                                                         
                                                                                                    

2004-02-26                     House Journal                      Page 2757
HB 525                                                                                            
HOUSE BILL NO. 525 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to complaints filed with, and investigations,                                 
     hearings, and orders of, the State Commission for Human Rights;                                
     making conforming amendments; and providing for an effective                                   
     date."                                                                                         
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Office of the Governor                                                                    
                                                                                                    
                                                                                                    
The Governor's transmittal letter dated February 25, 2004, follows:                                 
                                                                                                    
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Under the authority of article III, section 18, of the Alaska                                       
Constitution, I am transmitting a bill that would amend the                                         
investigation and procedure laws of the State Commission for Human                                  
Rights (commission).  The bill would amend the investigation and                                    
hearing procedures to enhance efficiency and to give the commission                                 
more enforcement discretion to increase its effectiveness in combating                              
unlawful discrimination.                                                                            
                                                                                                    
                                                                                                    
The bill would add a new statutory provision, AS 18.80.112, to                                      
provide the staff of the commission with greater authority to evaluate                              
complaints of discrimination and to choose the complaints that it                                   
pursues to hearing before the commission.  The purpose of the                                       
amendment is to reverse the Alaska Supreme Court's decision in                                      
Department of Fish and Game v. Meyer, 906 P.2d 1365 (Alaska                                         
1995), that a hearing is mandatory if a complaint is supported by                                   
substantial evidence.  The court concluded that the state human rights                              
laws did not give the commission staff discretion to discontinue action                             

2004-02-26                     House Journal                      Page 2758
on a complaint after an investigator found substantial evidence of                                  
unlawful discrimination.  Id., at 1373.  The effect of this decision was                            
to require the commission to commit its resources to any complaint                                  
supported by substantial evidence without regard to such factors as the                             
weakness of the evidence, the strength of an employer's affirmative                                 
defenses, or the significance of the alleged violation.  Providing the                              
commission with genuine prosecutorial discretion would allow the                                    
commission to commit its resources to complaints it determines merit                                
pursuit, based on such factors as, for example, the strength of the                                 
evidence, the severity of the alleged violation, an employer's history                              
before the commission, or the complaint's value in establishing                                     
precedent guiding future conduct.                                                                   
                                                                                                    
                                                                                                    
The discretion of the staff of the commission would also be expanded                                
to allow it to compromise a claim for damages in the conciliation (or                               
prehearing) phase of the procedures.  The bill would avoid conflicts                                
between staff's exercise of its expanded discretion to compromise,                                  
dismiss, or pursue a complaint and the concerns of the victims of                                   
unlawful discrimination by allowing a complainant to opt out of                                     
commission procedures.  A complainant may withdraw the complaint                                    
at any time before the executive director of the commission makes the                               
decision to go to hearing and, after withdrawal, pursue the claim                                   
independently of the commission in another forum.                                                   
                                                                                                    
                                                                                                    
The bill also would change the hearing procedures.  These changes                                   
include requiring the commission to follow the procedures in the                                    
Administrative Procedure Act, AS 44.62.330 - 44.62.630, unless AS                                   
18.80 provides a different procedure.  The bill would eliminate from                                
AS 18.80 some duplicative procedural requirements that are addressed                                
in the Administrative Procedure Act, such as the admissibility of                                   
evidence and the requirement that testimony be under oath.  Another                                 
change would be the addition of a provision similar to a motion for                                 
summary judgment in the civil rules of court to allow a summary                                     
decision on the law if the facts are not disputed.  The reason for                                  
allowing a summary decision would be that it is a faster procedure                                  
than a hearing, and it would provide a sufficient opportunity to be                                 
heard on the legal issues when the facts are not in dispute.  The bill                              
would add a provision tying the rate of interest when the commission                                

2004-02-26                     House Journal                      Page 2759
awards interest to the legal rate in AS 09.30.070 to bring the                                      
commission into conformity with other administrative agencies and                                   
the courts.  It would limit amendments to a complaint after a case is                               
referred for hearing to ensure that all changes are supported by                                    
substantial evidence and that a respondent has an opportunity to                                    
address all charges informally before being required to defend them in                              
a formal hearing.  The bill would move the statute of limitations for                               
bringing a claim from regulation (6 AAC 30.230) to statute.                                         
                                                                                                    
                                                                                                    
Finally, the bill would amend AS 18.30.130, which addresses the                                     
authority of the commission to remedy unlawful discrimination, to                                   
establish that the appropriate remedy for unlawful employment                                       
discrimination normally would be to restore the actual benefit that was                             
deprived -- hiring, promotion, or reinstatement to a position.  In the                              
unusual case where the relationship is so poisoned that the employee                                
cannot return to work, the bill would allow an award of up to two                                   
years of compensation, minus the wages that the employee should be                                  
able to earn.  Additionally, under the bill the commission would be                                 
able to order training regarding discriminatory practices.                                          
                                                                                                    
                                                                                                    
This bill, by increasing the commission's discretion in handling                                    
complaints, would enable the commission to allocate its diminishing                                 
resources to cases in which the commission could be the most                                        
effective in addressing and eliminating unlawful discrimination.  By                                
streamlining commission procedures, the bill would help contain costs                               
and ensure that the procedures are equitable to both complainants and                               
the persons, businesses, labor organizations, and employment agencies                               
charged before the commission with unlawful discrimination.                                         
                                                                                                    
                                                                                                    
I urge your prompt and favorable action on this bill.                                               
                                                                                                    
                                                                                                    
                                Sincerely yours,                                                    
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                 Governor"                                                         
                                                                                                    

2004-02-26                     House Journal                      Page 2760
                    CONSIDERATION OF THE DAILY CALENDAR                                          
                                                                                                    
                       SECOND READING OF HOUSE BILLS                                             
                                                                                                    
                                                                                                    
HB 409                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 409                                                                             
     "An Act relating to the maximum length of salmon seine vessels;                                
     and providing for an effective date."                                                          
                                                                                                    
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 FSH RPT CS(FSH) 3DP 4NR                                              2645                          
 FN1: ZERO(DFG)                                                       2646                          
 RES RPT CS(FSH) 5DP 1DNP 2NR                                         2660                          
 FN1: ZERO(DFG)                                                       2660                          
                                                                                                    
                                                                                                    
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. 409(FSH)                                                                 
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 409(FSH) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 409(FSH) was read the third time.                                                              
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 409(FSH) pass the House?"  The                                     
roll was taken with the following result:                                                           

2004-02-26                     House Journal                      Page 2761
                                                                                                    
CSHB 409(FSH)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  33   NAYS:  0   EXCUSED:  4   ABSENT:  3                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Hawker,                                      
Heinze, Holm, Joule, Kerttula, Kohring, Kott, Lynn, Masek, McGuire,                                 
Meyer, Morgan, Ogg, Samuels, Seaton, Stepovich, Stoltze,                                            
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Excused:  Chenault, Fate, Harris, Kookesh                                                           
                                                                                                    
Absent:  Kapsner, Moses, Rokeberg                                                                   
                                                                                                    
And so, CSHB 409(FSH) passed the House.                                                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
CSHB 409(FSH) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    
                      SECOND READING OF SENATE BILLS                                             
                                                                                                    
SB 270                                                                                            
The following was read the second time:                                                             
                                                                                                    
     SENATE BILL NO. 270                                                                            
     "An Act establishing November as Avalanche Awareness Month."                                   
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 STA RPT 4DP                                                          2685                          
 FN1: ZERO(DPS)                                                       2685                          
                                                                                                    
Amendment No. 1 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 1, line 5:                                                                                     
     Delete "They"                                                                                  
     Insert "We"                                                                                    
                                                                                                    

2004-02-26                     House Journal                      Page 2762
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Hawker objected.                                                                     
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
SB 270                                                                                              
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  24   NAYS:  8   EXCUSED:  4   ABSENT:  4                                                   
                                                                                                    
Yeas:  Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara,                                
Gatto, Gruenberg, Guttenberg, Heinze, Joule, Kerttula, Kohring, Kott,                               
Meyer, Morgan, Ogg, Samuels, Seaton, Stepovich, Stoltze, Wilson,                                    
Wolf                                                                                                
                                                                                                    
Nays:  Anderson, Foster, Hawker, Holm, Lynn, Masek, McGuire,                                        
Weyhrauch                                                                                           
                                                                                                    
Excused:  Chenault, Fate, Harris, Kookesh                                                           
                                                                                                    
Absent:  Kapsner, Moses, Rokeberg, Williams                                                         
                                                                                                    
And so, Amendment No. 1 was adopted.                                                                
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
SB 270 am H be considered engrossed, advanced to third reading, and                                 
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
SB 270 am H was read the third time.                                                                
                                                                                                    
The question being:  "Shall SB 270 am H pass the House?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
SB 270 am H                                                                                         
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  33   NAYS:  0   EXCUSED:  4   ABSENT:  3                                                   
                                                                                                    

2004-02-26                     House Journal                      Page 2763
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Hawker,                                      
Heinze, Holm, Joule, Kerttula, Kohring, Kott, Lynn, Masek, McGuire,                                 
Meyer, Morgan, Ogg, Samuels, Seaton, Stepovich, Stoltze,                                            
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Excused:  Chenault, Fate, Harris, Kookesh                                                           
                                                                                                    
Absent:  Kapsner, Moses, Rokeberg                                                                   
                                                                                                    
And so, SB 270 am H passed the House and was referred to the Chief                                  
Clerk for engrossment.                                                                              
                                                                                                    
                      SENATE BILLS IN SECOND READING                                             
                                                                                                    
SB 283                                                                                            
The following, which had been held in second reading from the                                       
February 24, 2004, calendar, with Amendment No. 1 moved and                                         
pending (page 2718), was before the House:                                                          
                                                                                                    
     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."                                                                                         
                                                                                                    
Representative Croft moved and asked unanimous consent to                                           
withdraw Amendment No. 1.  There being no objection, it was so                                      
ordered.                                                                                            
                                                                                                    
Amendment No. 2 was offered  by Representatives Coghill and Croft:                                   
                                                                                                    
Page 2, following line 4:                                                                           
     Insert a new subsection to read:                                                               
         "(c)  The sum of $1,650,000 is appropriated from the budget                                
     reserve fund (art. IX, sec. 17, Constitution of the State of Alaska)                           
     to the Department of Revenue, Alaska Natural Gas Development                                   

2004-02-26                     House Journal                      Page 2764
     Authority, for work related to bringing natural gas from the North                             
     Slope to market."                                                                              
                                                                                                    
Reletter the following subsection accordingly.                                                      
                                                                                                    
Page 2, line 5:                                                                                     
     Delete "(a) and (b)"                                                                           
     Insert "(a) - (c)"                                                                             
                                                                                                    
Page 2, following line 6:                                                                           
     Insert a new bill section to read:                                                             
   "* Sec. 2.  LAPSE.  The appropriation made by sec. 1(c) of this Act                            
lapses June 30, 2004."                                                                              
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 2, line 7:                                                                                     
     Delete "Section 1"                                                                             
     Insert "Section 1(a) and (b)"                                                                  
     Delete "is"                                                                                    
     Insert "are"                                                                                   
                                                                                                    
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Williams objected.                                                                   
                                                                                                    
**The presence of Representative Kookesh was noted.                                                 
                                                                                                    
Representative Meyer moved and asked unanimous consent that he be                                   
allowed to abstain from voting because of a conflict of interest.                                   
Objection was heard, and Representative Meyer was required to vote.                                 
                                                                                                    
Representative Meyer placed a call of the House.                                                    
                                                                                                    
Representative Ogg moved and asked unanimous consent that he be                                     
allowed to abstain from voting because of a conflict of interest.                                   
Objection was heard, and Representative Ogg was required to vote.                                   
                                                                                                    

2004-02-26                     House Journal                      Page 2765
Representative Coghill, without objection, lifted the call.                                         
                                                                                                    
The Speaker stated that, without objection, the House would recess to                               
5:00 p.m.; and so, the House recessed at 12:06 p.m.                                                 
                                                                                                    
                               AFTER RECESS                                                      
                                                                                                    
The Speaker called the House back to order at 5:44 p.m.                                             
                                                                                                    
                      SENATE BILLS IN SECOND READING                                             
                                (continued)                                                        
                                                                                                    
SB 283                                                                                            
Amendment No. 2 was before the House.                                                               
                                                                                                    
**The presence of Representative Fate was noted.                                                    
                                                                                                    
Representative Croft placed a call of the House and lifted the call.                                
                                                                                                    
Representatives Heinze and Hawker moved and asked unanimous                                         
consent that they be allowed to abstain from voting because of a                                    
conflict of interest.  Objection was heard, and the members were                                    
required to vote.                                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSSB 283(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  17   NAYS:  20   EXCUSED:  2   ABSENT:  1                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Coghill, Crawford, Croft, Fate, Gara, Gatto,                              
Gruenberg, Guttenberg, Heinze, Joule, Kapsner, Kerttula, McGuire,                                   
Moses, Stoltze                                                                                      
                                                                                                    
Nays:  Anderson, Dahlstrom, Foster, Hawker, Holm, Kohring, Kott,                                    
Lynn, Masek, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                         
Stepovich, Weyhrauch, Williams, Wilson, Wolf                                                        
                                                                                                    
Excused:  Chenault, Harris                                                                          
                                                                                                    

2004-02-26                     House Journal                      Page 2766
Absent:  Kookesh                                                                                    
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
Amendment No. 3 was offered  by Representative Weyhrauch:                                            
                                                                                                    
Page 2, following line 4:                                                                           
     Insert a new subsection to read:                                                               
         "(c)  The sum of $1,650,000 is appropriated from the earnings                              
     reserve account of the permanent fund to the Department of                                     
     Revenue, Alaska Natural Gas Development Authority, for work                                    
     related to bringing natural gas from the North Slope to market."                              
                                                                                                    
Reletter the following subsection accordingly.                                                      
                                                                                                    
Page 2, line 5:                                                                                     
     Delete "(a) and (b)"                                                                           
     Insert "(a) - (c)"                                                                             
                                                                                                    
Page 2, following line 6:                                                                           
     Insert a new bill section to read:                                                             
   "* Sec. 2.  LAPSE.  The appropriation made by sec. 1(c) of this Act                            
lapses June 30, 2004."                                                                              
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 2, line 7:                                                                                     
     Delete "Section 1"                                                                             
     Insert "Section 1(a) and (b)"                                                                  
     Delete "is"                                                                                    
     Insert "are"                                                                                   
                                                                                                    
Representative Weyhrauch moved and asked unanimous consent that                                     
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                

2004-02-26                     House Journal                      Page 2767
                                                                                                    
CSSB 283(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  6   NAYS:  31   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Heinze, Kott, McGuire, Ogg, Weyhrauch                                              
                                                                                                    
Nays:  Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate,                                
Foster, Gara, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                    
Kapsner, Kerttula, Kohring, Lynn, Masek, Meyer, Morgan, Moses,                                      
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams, Wilson,                                    
Wolf                                                                                                
                                                                                                    
Excused:  Chenault, Harris                                                                          
                                                                                                    
Absent:  Kookesh                                                                                    
                                                                                                    
And so, Amendment No. 3 was not adopted.                                                            
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Kookesh be excused from a call of the House today.                                   
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Joule, who had been previously excused (page 2627),                                  
left the Chamber.                                                                                   
                                                                                                    
                                                                                                    
Amendment No. 4 was offered  by Representatives Williams and                                         
Hawker:                                                                                             
                                                                                                    
Page 2, following line 4:                                                                           
     Insert a new subsection to read:                                                               
         "(c)  The sum of $1,650,000 is appropriated from the budget                                
     reserve fund (art. IX, sec. 17, Constitution of the State of Alaska)                           
     to the Department of Revenue, for work related to bringing natural                             
     gas from the North Slope to market."                                                           
                                                                                                    
                                                                                                    
Reletter the following subsection accordingly.                                                      
                                                                                                    

2004-02-26                     House Journal                      Page 2768
Page 2, line 5:                                                                                     
     Delete "(a) and (b)"                                                                           
     Insert "(a) - (c)"                                                                             
                                                                                                    
Page 2, following line 6:                                                                           
     Insert a new bill section to read:                                                             
   "* Sec. 2.  LAPSE.  The appropriation made by sec. 1(c) of this Act                            
lapses June 30, 2004."                                                                              
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 2, line 7:                                                                                     
     Delete "Section 1"                                                                             
     Insert "Section 1(a) and (b)"                                                                  
     Delete "is"                                                                                    
     Insert "are"                                                                                   
                                                                                                    
Representative Williams moved and asked unanimous consent that                                      
Amendment No. 4 be adopted.                                                                         
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
Representative Williams moved and asked unanimous consent to                                        
withdraw Amendment No. 4, There being no objection, it was so                                       
ordered.                                                                                            
                                                                                                    
The Speaker stated that, without objection, CSSB 283(FIN) would be                                  
returned to the Finance Committee; and so CSSB 283(FIN) was                                         
returned to the Finance Committee.                                                                  
                                                                                                    
                    SECOND READING OF HOUSE RESOLUTIONS                                          
                                                                                                    
HJR 34                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE JOINT RESOLUTION NO. 34                                                                  
     Requesting the United States Department of Agriculture and the                                 
     United States Department of Labor to extend Trade Adjustment                                   
     Assistance benefits to Alaska fishermen; requesting the United                                 
     States Congress and the United States Department of Agriculture                                

2004-02-26                     House Journal                      Page 2769
     to extend additional disaster and price support benefits to Alaska                             
     salmon fishermen; and requesting the United States Department of                               
     Agriculture to establish terminal markets in Alaska for all covered                            
     commodities including salmon.                                                                  
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 FSH RPT CS(FSH) NT 5DP                                               2568                          
 FN1: ZERO(LEG)                                                       2569                          
 L&C RPT CS(FSH) NT 4DP 1NR                                           2639                          
 FN1: ZERO(LEG)                                                       2640                          
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original                                   
resolution:                                                                                         
                                                                                                    
     CS FOR HOUSE JOINT RESOLUTION NO. 34(FSH)                                                      
     Requesting the United States Department of Agriculture and the                                 
     United States Department of Labor to extend Trade Adjustment                                   
     Assistance benefits to Alaska salmon fishermen; requesting the                                 
     United States Congress and the United States Department of                                     
     Agriculture to extend additional disaster and price support benefits                           
     to Alaska salmon fishermen; and requesting the United States                                   
     Department of Commerce to establish a Trade Adjustment                                         
     Assistance program specific to commercial fishermen.                                           
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHJR 34(FSH) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
                                                                                                    
CSHJR 34(FSH) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSHJR 34(FSH) pass the House?"  The                                     
roll was taken with the following result:                                                           

2004-02-26                     House Journal                      Page 2770
                                                                                                    
CSHJR 34(FSH)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  30   NAYS:  2   EXCUSED:  4   ABSENT:  4                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Dahlstrom,                                   
Fate, Foster, Gara, Gruenberg, Guttenberg, Hawker, Holm, Kapsner,                                   
Kerttula, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg,                                           
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams, Wilson,                                    
Wolf                                                                                                
                                                                                                    
Nays:  Gatto, Kohring                                                                               
                                                                                                    
Excused:  Chenault, Harris, Joule, Kookesh                                                          
                                                                                                    
Absent:  Croft, Heinze, Moses, Weyhrauch                                                            
                                                                                                    
And so, CSHJR 34(FSH) passed the House.                                                             
                                                                                                    
Representative Gatto later gave notice of reconsideration of the vote                               
on CSHJR 34(FSH), and the reconsideration was taken up then.                                        
                                                                                                    
                            UNFINISHED BUSINESS                                                  
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following members be excused from a call of the House.  There being                                 
no objection, the members were excused as noted:                                                    
                                                                                                    
Representative Rokeberg - from 5:00 p.m., February 27 to 10:00 p.m.,                                
plane time, February 29, 2004; and from 6:00 p.m., March 9 to                                       
6:00 a.m., March 16, 2004                                                                           
                                                                                                    
Representative Heinze - from evening plane time, February 27 to                                     
9:30 p.m., plane time, February 29, 2004                                                            
                                                                                                    
Representative Holm - from morning plane time, February 27 to                                       
9:30 a.m., plane time, March 1, 2004                                                                
                                                                                                    
Representative Dahlstrom - from evening plane time, February 27 to                                  
9:30 a.m., plane time, March 1, 2004                                                                
                                                                                                    

2004-02-26                     House Journal                      Page 2771
Representative Kapsner - from 1:00 p.m., February 27 to 9:30 a.m.,                                  
plane time, March 8, 2004                                                                           
                                                                                                    
Representative Williams - from 2:00 p.m., February 28 to 1:30 p.m.,                                 
February 29, 2004                                                                                   
                                                                                                    
Representative Morgan - from 7:00 a.m., March 8 to 10:00 a.m., plane                                
time, March 12, 2004                                                                                
#                                                                                                   
HB 418                                                                                            
The Speaker added a Finance Committee referral for the following:                                   
                                                                                                    
     HOUSE BILL NO. 418                                                                             
     "An Act extending the termination date of the Real Estate                                      
     Commission; and providing for an effective date."                                              
                                                                                                    
HB 418 was removed from the Rules Committee and referred to the                                     
Finance Committee.                                                                                  
                                                                                                    
                              RECONSIDERATION                                                    
                                                                                                    
HJR 34                                                                                            
Representative Gatto gave notice of reconsideration of the vote on                                  
CSHJR 34(FSH) (page 2770).                                                                          
                                                                                                    
Representative Gatto moved and asked unanimous consent that                                         
reconsideration of CSHJR 34(FSH) be taken up on the same day.                                       
There being no objection, it was so ordered.                                                        
                                                                                                    
The following was again before the House in third reading:                                          
                                                                                                    
     CS FOR HOUSE JOINT RESOLUTION NO. 34(FSH)                                                      
     Requesting the United States Department of Agriculture and the                                 
     United States Department of Labor to extend Trade Adjustment                                   
     Assistance benefits to Alaska salmon fishermen; requesting the                                 
     United States Congress and the United States Department of                                     
     Agriculture to extend additional disaster and price support benefits                           
     to Alaska salmon fishermen; and requesting the United States                                   
     Department of Commerce to establish a Trade Adjustment                                         
     Assistance program specific to commercial fishermen.                                           

2004-02-26                     House Journal                      Page 2772
The question to be reconsidered:  "Shall CSHJR 34(FSH) pass the                                     
House?"  The roll was taken with the following result:                                              
                                                                                                    
CSHJR 34(FSH)--RECONSIDERATION                                                                      
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  26   NAYS:  1   EXCUSED:  4   ABSENT:  9                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Dahlstrom,                                   
Fate, Foster, Gatto, Guttenberg, Hawker, Holm, Kapsner, Kerttula,                                   
Kott, Lynn, Masek, McGuire, Morgan, Ogg, Rokeberg, Samuels,                                         
Seaton, Stepovich, Stoltze, Wilson                                                                  
                                                                                                    
Nays:  Kohring                                                                                      
                                                                                                    
Excused:  Chenault, Harris, Joule, Kookesh                                                          
                                                                                                    
Absent:  Croft, Gara, Gruenberg, Heinze, Meyer, Moses, Weyhrauch,                                   
Williams, Wolf                                                                                      
                                                                                                    
And so, CSHJR 34(FSH) passed the House on reconsideration and                                       
was referred to the Chief Clerk for engrossment.                                                    
                                                                                                    
                            UNFINISHED BUSINESS                                                  
                                                                                                    
HB 329                                                                                            
The State Affairs Committee submitted the following corrected CS to                                 
accompany their report (page 2683):                                                                 
                                                                                                    
     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."                                                          
                                                                                                    
HB 329 is in the Labor & Commerce Committee.                                                        
                                                                                                    
                                                                                                    
HCR 31                                                                                            
Representatives Samuels, Gruenberg, Anderson, Wolf, Wilson,                                         
Berkowitz, Heinze, Meyer, Gatto, and Ogg added their names as                                       
cosponsors to:                                                                                      
                                                                                                    

2004-02-26                     House Journal                      Page 2773
     HOUSE CONCURRENT RESOLUTION NO. 31                                                             
     Proclaiming March 2004 as Traumatic Brain Injury Awareness                                     
     Month.                                                                                         
                                                                                                    
HCR 32                                                                                            
Representative Heinze added her name as cosponsor to:                                               
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 32                                                             
     Relating to information infrastructure and establishing the Alaska                             
     Information Infrastructure Policy Task Force.                                                  
                                                                                                    
HJR 34                                                                                            
Representatives Seaton and Lynn added their names as cosponsors to:                                 
                                                                                                    
     CS FOR HOUSE JOINT RESOLUTION NO. 34(FSH)                                                      
     Requesting the United States Department of Agriculture and the                                 
     United States Department of Labor to extend Trade Adjustment                                   
     Assistance benefits to Alaska salmon fishermen; requesting the                                 
     United States Congress and the United States Department of                                     
     Agriculture to extend additional disaster and price support benefits                           
     to Alaska salmon fishermen; and requesting the United States                                   
     Department of Commerce to establish a Trade Adjustment                                         
     Assistance program specific to commercial fishermen.                                           
                                                                                                    
                                                                                                    
HJR 35                                                                                            
Representatives Wolf and Ogg added their names as cosponsors to:                                    
                                                                                                    
     HOUSE JOINT RESOLUTION NO. 35                                                                  
     Relating to mad cow disease and country-of-origin labeling for                                 
     meat products.                                                                                 
                                                                                                    
HB 91                                                                                             
Representatives Harris, Wilson, Berkowitz, and Kapsner added their                                  
names as cosponsors to:                                                                             
                                                                                                    
     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."                                                                                      

2004-02-26                     House Journal                      Page 2774
HB 213                                                                                            
Representative Foster added his name as cosponsor to:                                               
                                                                                                    
     HOUSE BILL NO. 213                                                                             
     "An Act relating to a provisional driver's license and to issuance                             
     of a driver's license; and providing for an effective date."                                   
                                                                                                    
HB 395                                                                                            
Representative Kohring added his name as cosponsor to:                                              
                                                                                                    
     HOUSE BILL NO. 395                                                                             
     "An Act relating to shallow natural gas leasing and the regulation                             
     of shallow natural gas operations."                                                            
                                                                                                    
                                                                                                    
HB 470                                                                                            
Representatives Joule, Kapsner, Kookesh, and Foster added their                                     
names as cosponsors to:                                                                             
                                                                                                    
     HOUSE BILL NO. 470                                                                             
     "An Act relating to the taxation of income."                                                   
                                                                                                    
HB 504                                                                                            
Representative Croft added his name as cosponsor to:                                                
                                                                                                    
     HOUSE BILL NO. 504                                                                             
     "An Act related to the possession of firearms in places where                                  
       intoxicating liquor is sold for consumption on the premises."                               
                                                                                                    
SB 270                                                                                            
Representatives Lynn and Dahlstrom added their names as cross                                       
sponsors to:                                                                                        
                                                                                                    
     SENATE BILL NO. 270 am H                                                                       
     "An Act establishing November as Avalanche Awareness Month."                                   
                                                                                                    
                                ENGROSSMENT                                                      
HJR 34                                                                                            
CSHJR 34(FSH) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              

2004-02-26                     House Journal                      Page 2775
HB 347                                                                                            
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:                                                        
                                                                                                    
     HOUSE BILL NO. 347                                                                             
     "An Act exempting taxicabs from the passenger vehicle rental tax;                              
     and providing for an effective date."                                                          
                                                                                                    
HB 409                                                                                            
CSHB 409(FSH) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
SB 270                                                                                            
SB 270 am H 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.                                 
                                                                                                    
                                ADJOURNMENT                                                      
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 11:00 a.m., March 1, 2004.  There being no                                      
objection, the House adjourned at 6:38 p.m.                                                         
                                                                                                    
                                              Suzi Lowell                                           
                                              Chief Clerk