Legislature(2003 - 2004)

2004-03-25 House Journal

Full Journal pdf

2004-03-25                     House Journal                      Page 3073
                                                                                                    
                              HOUSE JOURNAL                                                      
                                                                                                    
                         ALASKA STATE LEGISLATURE                                                
                                                                                                    
                TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                       
                                                                                                    
Juneau, Alaska                   Thursday                March 25, 2004                           
                                                                                                    
                            Seventy-fourth Day                                                 
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 10:17 a.m.                                                                                  
                                                                                                    
Roll call showed 36 members present.  Representatives Berkowitz,                                    
Croft, Kerttula, and Williams were absent and their presence was                                    
noted later.                                                                                        
                                                                                                    
The invocation was offered by the Chaplain, the Reverend Kathleen                                   
Wakefield of Church of the Holy Trinity.  Representative Fate moved                                 
and asked unanimous consent that the invocation be spread on the                                    
journal.  There being no objection, it was so ordered.                                              
                                                                                                    
     Let us pray,                                                                                   
                                                                                                    
     "O God, the source of creation, ever present in the changes of                                 
     this world, be present with Your people who cry to You for                                     
     help.  Empower us with vision and strength to enable the                                       
     people of this earth to acquire the skills and resources                                       
     necessary to a growing world.  Enable those from countries                                     
     with plenty to share their lives, funds, and resources with                                    
     those in need.  Embolden those with vision to proclaim new                                     
     ways of creating communities of responsibility.  Engage us in                                  
     learning from one another and in valuing the unique gifts that                                 
     You have given to the people of every land.  Bless Your                                        
     people, O God, who cry to You.  Amen."                                                         
                                                                                                    
                                            (Vienna Cobb Anderson)                                  
                                                                                                    
The Pledge of Allegiance was led by Representative Gruenberg.                                       

2004-03-25                     House Journal                      Page 3074
                       CERTIFICATION OF THE JOURNAL                                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 73rd legislative day be approved as certified by the                                
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                                * * * * *                                                          
                                                                                                    
Representative McGuire introduced Sara Schroeder and Tonya Parish,                                  
Guest Pages, from Anchorage.                                                                        
                                                                                                    
Representative Stoltze introduced Tavish Logan, Guest Page, from                                    
Anchorage.                                                                                          
                                                                                                    
                        MESSAGES FROM THE GOVERNOR                                               
                                                                                                    
A letter dated March 22, 2004, was read stating that, in accordance                                 
with AS 39.05.080, the Governor submits the following names for                                     
legislative confirmation of appointment to the boards and commissions                               
set out below.                                                                                      
                                                                                                    
The Speaker referred the following to the Labor & Commerce                                          
Committee:                                                                                          
                                                                                                    
Occupational Safety and Health Review Board                                                       
 Mr. Thor R. Christianson - Sitka                                                                   
 Appointed: 3/5/2004                                                                                
 Term Expires: 3/1/2008                                                                             
                                                                                                    
Personnel Board                                                                                   
 Ms. Laura Plenert - Ketchikan                                                                      
 Appointed: 3/10/2004                                                                               
 Term Expires: 3/1/2010                                                                             
                                                                                                    
The Speaker referred the following to the Resources Committee:                                      
                                                                                                    
Board of Agriculture and Conservation                                                             
 Mr. Pete A. Alexion - North Pole                                                                   
 Appointed: 3/10/2004                                                                               
 Term Expires: 9/1/2006                                                                             
                                                                                                    

2004-03-25                     House Journal                      Page 3075
 Mr. Allan Baldwin - Palmer                                                                         
 Appointed: 9/1/2000  Reappointed: 10/1/2001                                                        
 Term Expires: 9/1/2004                                                                             
                                                                                                    
 Ms. Rhonda P. Boyles - Fairbanks                                                                   
 Appointed: 3/10/2004                                                                               
 Term Expires: 9/1/2006                                                                             
                                                                                                    
 Mr. Donald J. Brainard - Palmer                                                                    
 Appointed: 9/1/2000  Reappointed: 3/10/2004                                                        
 Term Expires: 9/1/2006                                                                             
                                                                                                    
 Mr. Peter T. Fellman - Delta Junction                                                              
 Appointed: 7/30/2003                                                                               
 Term Expires: 9/1/2005                                                                             
                                                                                                    
 Mr. Sam F. Lightwood - Copper Center                                                               
 Appointed: 9/1/2000  Reappointed: 8/14/2002                                                        
 Term Expires: 9/1/2005                                                                             
                                                                                                    
 Mr. Ron E. Long - Seward                                                                           
 Appointed: 3/10/2004  Reappointed: 9/1/2004                                                        
 Term Expires: 9/1/2007                                                                             
                                                                                                    
Resumes for the appointments are on file in the Chief Clerk's office.                               
                                                                                                    
                         MESSAGES FROM THE SENATE                                                
                                                                                                    
A message dated March 24, 2004, was read stating the Senate has                                     
passed the following and it is transmitted for consideration:                                       
                                                                                                    
                       FIRST READING AND REFERENCE                                               
                             OF SENATE BILLS                                                     
                                                                                                    
SB 277                                                                                            
CS FOR SENATE BILL NO. 277(FIN) by the Senate Finance                                               
Committee, entitled:                                                                                
                                                                                                    
     "An Act relating to the Alaska Commission on Postsecondary                                     
     Education; relating to the Alaska Student Loan Corporation;                                    

2004-03-25                     House Journal                      Page 3076
     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."                                                              
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Education and the Health, Education & Social Services and Finance                                   
Committees.                                                                                         
                                                                                                    
                              COMMUNICATIONS                                                     
                                                                                                    
The following were received:                                                                        
                                                                                                    
Alaska Network on Domestic Violence and                                                             
Sexual Assault, Annual Report                                                                       
"Rasmuson Foundation Improvements"                                                                  
July 2002 - June 2003                                                                               
                                                                                                    
Dept. of Natural Resources                                                                          
Division of Geological & Geophysical Surveys                                                        
Annual Report 2003                                                                                  
(as required by AS 41.08.030)                                                                       
                                                                                                    
                      REPORTS OF STANDING COMMITTEES                                             
                                                                                                    
HB 421                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     HOUSE BILL NO. 421                                                                             
     "An Act relating to reconveyances of deeds of trust."                                          
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 421(L&C)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    

2004-03-25                     House Journal                      Page 3077
Do pass (7):  Crawford, Lynn, Gatto, Rokeberg, Dahlstrom,                                           
Guttenberg, Anderson                                                                                
                                                                                                    
The following fiscal note(s) apply to CSHB 421(L&C):                                                
                                                                                                    
1.  Zero, Dept. of Natural Resources                                                                
                                                                                                    
HB 421 was referred to the Judiciary Committee.                                                     
                                                                                                    
HB 424                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     HOUSE BILL NO. 424                                                                             
     "An Act relating to review of regulations under the Administrative                             
     Procedure Act by the Legislative Affairs Agency; and providing                                 
     for an effective date."                                                                        
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 424(JUD)                                                                 
     "An Act relating to review by the Legislative Affairs Agency of                                
     certain state agency regulations proposed for adoption,                                        
     amendment, or repeal under the Administrative Procedure Act;                                   
     repealing provisions relating to annulment of regulations; 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):  Meyer, Fate, Foster, Harris, Williams                                                 
                                                                                                    
Do not pass (1):  Hawker                                                                            
                                                                                                    
No recommendation (4):  Stoltze, Joule, Moses, Chenault                                             
                                                                                                    
The following fiscal note(s) apply to CSHB 424(JUD):                                                
                                                                                                    
4.  Zero, Dept. of Health & Social Services                                                         
5.  Zero, House Finance Committee/Legislative Agency                                                
6.  Indeterminate, Dept. of Law                                                                     
                                                                                                    

2004-03-25                     House Journal                      Page 3078
HB 424 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 440                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
     HOUSE BILL NO. 440                                                                             
     "An Act relating to the Alaska Pioneers' Home, and the Alaska                                  
     Veteranns' Home; relating to eligibility for admission to the                                  
     Alaska Pioneers' Home and Alaska Veterans' Home; relating to                                   
     state veterans' home facilities; making conforming amendments;                                 
     and providing for an effective date."                                                          
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 440(HES)                                                                 
     "An Act relating to the Alaska Pioneers' Home and the Alaska                                   
     Veterans' Home; relating to eligibility for admission to the Alaska                            
     Pioneers' Home and Alaska Veterans' Home; relating to the                                      
     eligibility of residents for the Alaska Pioneers' Home and the                                 
     Alaska Veterans' Home for general relief assistance; relating to                               
     state veterans' home facilities; making conforming amendments;                                 
     and providing for an effective date."                                                          
                                                                                                    
The report was signed by Representative Wilson, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Cissna, Seaton, Wilson                                                                
                                                                                                    
No recommendation (2):  Kapsner, Coghill                                                            
                                                                                                    
Amend (2):  Gatto, Wolf                                                                             
                                                                                                    
The following fiscal note(s) apply to CSHB 440(HES):                                                
                                                                                                    
1.  Fiscal, Dept. of Health & Social Services                                                       
                                                                                                    
HB 440 was referred to the Finance Committee.                                                       
                                                                                                    

2004-03-25                     House Journal                      Page 3079
HB 472                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
     HOUSE BILL NO. 472                                                                             
     "An Act relating to claims for personal injury or wrongful death                               
     against health care providers; and providing for an effective date."                           
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 472(JUD)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Anderson, McGuire                                                                     
                                                                                                    
Do not pass (2):  Gara, Gruenberg                                                                   
                                                                                                    
No recommendation (3):  Samuels, Holm, Ogg                                                          
                                                                                                    
The following fiscal note(s) apply to CSHB 472(JUD):                                                
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
2.  Zero, Dept. of Law                                                                              
                                                                                                    
HB 472 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 490                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     HOUSE BILL NO. 490                                                                             
     "An Act relating to the release of employment security records, to                             
     the admissibility of determinations and decisions regarding                                    
     unemployment compensation benefits, and to contributions,                                      
     interest, penalties, and payments under the Alaska Employment                                  
     Security Act; providing that property under the Alaska                                         
     Employment Security Act is not subject to the Uniform                                          
      Unclaimed Property Act; and providing for an effective date."                                
                                                                                                    

2004-03-25                     House Journal                      Page 3080
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Lynn, Gatto, Dahlstrom, Anderson                                                      
                                                                                                    
No recommendation (3):  Crawford, Rokeberg, Guttenberg                                              
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Labor & Workforce Development                                                    
                                                                                                    
HB 490 was referred to the Judiciary Committee.                                                     
                                                                                                    
HB 517                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
     HOUSE BILL NO. 517                                                                             
     "An Act relating to registration in beneficiary form of certain                                
     security accounts, including certain reinvestment, investment                                  
     management, and custody accounts."                                                             
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Samuels, Gruenberg, Ogg, Holm, McGuire                                                
                                                                                                    
No recommendation (1):  Gara                                                                        
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
HB 517 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                              OF HOUSE BILLS                                                     
                                                                                                    
HB 543                                                                                            
HOUSE BILL NO. 543 by the House Health, Education & Social                                          
Services Committee, entitled:                                                                       
                                                                                                    

2004-03-25                     House Journal                      Page 3081
     "An Act relating to medical assistance coverage for prescription                               
     drugs; and providing for an effective date."                                                   
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services Committee.                                                                                 
                                                                                                    
HB 544                                                                                            
HOUSE BILL NO. 544 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act providing that public members of the Board of Trustees                                 
     of the Alaska Permanent Fund Corporation may be removed only                                   
     for cause; and providing for an effective date."                                               
                                                                                                    
was read the first time and referred to the State Affairs Committee.                                
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Law                                                                              
2.  Zero, Dept. of Revenue                                                                          
                                                                                                    
The Governor's transmittal letter dated March 24, 2004, follows:                                    
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Under the authority of article III, section 18, of the Alaska                                       
Constitution, I am transmitting a bill relating to removal of public                                
members of the Board of Trustees of the Alaska Permanent Fund                                       
Corporation.                                                                                        
                                                                                                    
This bill would provide that public members of the Board of Trustees                                
may be removed only for cause.  The bill would provide grounds for                                  
the removal of public members of the board which includes, neglect of                               
duty, misconduct in office or conviction of certain misdemeanor or                                  
felony charges.  The bill also grants Board members the opportunity to                              
be heard at a public hearing and requires at least ten days notice of the                           
hearing.                                                                                            
                                                                                                    
Under existing law, it is possible to remove all Board members at a                                 
change in administration.  This bill would insulate the Alaska                                      

2004-03-25                     House Journal                      Page 3082
Permanent Fund from partisan politics by making it more likely that                                 
Board members would be retained until the expiration of their terms.                                
The state invests a great deal in the experience and training provided                              
to Board members.  It is in our best interests to reap the full benefit of                          
this investment.  The Alaska Permanent Fund Corporation benefits                                    
from having experienced Board members direct policy for                                             
management of the Permanent Fund.                                                                   
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                Sincerely yours,                                                    
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                Governor"                                                          
                                                                                                    
HB 545                                                                                            
HOUSE BILL NO. 545 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to the extension under the State Procurement                                  
     Code of terms for leases for real estate and certain terms for                                 
     certain state contracts for goods and services; and providing for an                           
     effective date."                                                                               
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Judiciary Committees.                                                                               
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Administration                                                                   
                                                                                                    
The Governor's transmittal letter dated March 24, 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 extension of terms                           
for leases and terms for contracts for goods and services under the                                 
State Procurement Code.                                                                             
                                                                                                    

2004-03-25                     House Journal                      Page 3083
This bill would make several changes to the State Procurement Code.                                 
Section one of the bill would authorize the state to negotiate lease rate                           
reductions on existing leases in exchange for certain term extensions                               
when favorable lease rates are available.  The current process only                                 
authorizes lease extensions if the property owner agrees to either (1)                              
reduce the lease rate by ten percent and perform modifications to bring                             
the property into Americans with Disabilities Act compliance, or (2)                                
reduce the lease rate by 15 percent.  The problem is, the current                                   
process does not take into account whether the current lease rate is                                
already below market.  Due to market conditions and current lease                                   
rates, this high discount is often not acceptable to property owners.                               
                                                                                                    
Many of our current lease rates are already below market and leave the                              
lessor unwilling to meet the 10 or 15 percent reduction to extend the                               
lease.  In fact, only a small percentage of lease extensions have been                              
negotiated under the existing provisions.  The only option left for the                             
state is to issue a new request for proposals.  Often this results in                               
additional moving costs and market rates, which can represent a                                     
substantial increase in costs to the state.                                                         
                                                                                                    
The method proposed in this bill would ensure that the state receives                               
the best value for its leasing dollars.  Lease extensions would only be                             
authorized where the rates are a minimum of five percent below                                      
market.  This would allow the state to maintain its presence in leases                              
which are already well below market rates.  Additional savings beyond                               
the five percent would be negotiated depending on a number of factors                               
such as location, current market value, existing vacancies, and market                              
trends.                                                                                             
                                                                                                    
The bill also would authorize term extensions for up to five years for                              
contracts for goods and services provided a minimum cost savings of                                 
at least five percent could be achieved on the price of the goods or                                
services as set in the current contract.  Under present law, at the end of                          
the contract term, contracts for goods or services must be resolicited                              
through a competitive process or a new contract awarded based upon                                  
alternative procurement methods regardless of price reductions that                                 
may be offered by the contractor if the contract were extended.                                     
                                                                                                    

2004-03-25                     House Journal                      Page 3084
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                Sincerely yours,                                                    
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                Governor"                                                          
                                                                                                    
HB 546                                                                                            
HOUSE BILL NO. 546 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to regulation of the discharge of pollutants from                             
     timber-related activities under the National Pollutant Discharge                               
     Elimination System; relating to waste treatment and disposal                                   
     permits; making conforming amendments; and providing for an                                    
     effective date."                                                                               
                                                                                                    
was read the first time and referred to the Resources and Judiciary                                 
Committees.                                                                                         
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Environmental Conservation                                                     
                                                                                                    
The Governor's transmittal letter dated March 24, 2004, follows:                                    
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Under the authority of article III, section 18, of the Alaska                                       
Constitution, I am transmitting a bill that would allow the State of                                
Alaska to tailor part of its water discharge program to fit state                                   
concerns and environmental features.  This bill would authorize the                                 
State of Alaska to administer National Pollutant Discharge Elimination                              
System (NPDES) permits for the timber industry.  Presently, NPDES                                   
permitting, compliance, and enforcement decisions are made pursuant                                 
to federal law designed to apply generically to all 50 states.  The                                 
importance and value of assuming primacy is reflected by the fact that                              
45 other states have assumed primacy from the Environmental                                         
Protection Agency (EPA) for administering NPDES permits.                                            
                                                                                                    

2004-03-25                     House Journal                      Page 3085
The Department of Environmental Conservation (DEC) has the                                          
capacity and experience to successfully implement primacy for the                                   
timber industry.  DEC regulates a broad universe of technological and                               
water-quality aspects for waste and wastewater disposal activities.                                 
These activities include regulation of timber industry discharges such                              
as state certification of NPDES permits for log transfer facilities.                                
                                                                                                    
To accommodate NPDES primacy assumption, this bill would amend                                      
some existing permit 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.  These amendments would have the added benefit of                                    
streamlining and clarifying process requirements, to some extent, for                               
all waste treatment or disposal authorizations.                                                     
                                                                                                    
The bill also includes legislative findings and intent language, to                                 
underscore the fact that assuming partial primacy for the NPDES                                     
program for a single industry sector might facilitate future assumption                             
of a larger part or all of the NPDES program.  A single-sector pilot-                               
project-type program would allow the state to expand the current level                              
of expertise and gain valuable experience in administering the                                      
program and working to resolve program administration issues with                                   
the EPA, which retains oversight authority over state NPDES                                         
programs.  Because administration of the NPDES program is complex                                   
and costly, and assumption of the full program would require DEC to                                 
develop additional expertise, it makes sense to take measured steps                                 
toward full assumption by beginning with a single industry sector.                                  
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                Sincerely yours,                                                    
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                Governor"                                                          
                                                                                                    
                                                                                                    
The Speaker stated that the House would stand at ease; and so, the                                  
House stood at ease at 10:33 a.m.                                                                   
                                                                                                    

2004-03-25                     House Journal                      Page 3086
                              AFTER AT EASE                                                      
                                                                                                    
The Speaker called the House back to order at 11:27 a.m.                                            
                                                                                                    
**The presence of Representative Williams and Croft was noted.                                      
                                                                                                    
                   CONSIDERATION OF THE DAILY CALENDAR                                           
                                                                                                    
                      SECOND READING OF HOUSE BILLS                                              
                                                                                                    
HB 123                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 123                                                                             
     "An Act relating to the allocation of money appropriated to the                                
     Alaska Human Resource Investment Council; and providing for                                    
     an effective date."                                                                            
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 FIN RPT CS(FIN) NT 1DP 7NR 1AM                                      2891                           
 FN1: ZERO(LWF)                                                      2892                           
                                                                                                    
The Speaker stated that, without objection, HB 123 would be returned                                
to the Rules Committee.  And so, HB 123 was held in second reading                                  
and returned to the Rules Committee.                                                                
                                                                                                    
HB 524                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 524                                                                             
     "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."                                                                                         
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 RES RPT 5DP 1NR                                                     2841                           
 FN1: ZERO(DEC)                                                      2842                           

2004-03-25                     House Journal                      Page 3087
Amendment No. 1 was offered  by Representative Heinze:                                               
                                                                                                    
Page 5, lines 5 - 6:                                                                                
     Delete ", including financial assurance demonstrated through                                   
proof other than that described in"                                                                 
     Insert "if it otherwise meets the requirements of"                                             
                                                                                                    
Page 5, line 2, following "department":                                                             
     Insert "after a financial review under regulations adopted by the                              
department; regulations adopted under this paragraph must set                                       
financial tests for the acceptance of corporate guarantees and other                                
forms of financial responsibility that the department determines would                              
be required for an independent showing of financial capability"                                     
                                                                                                    
Representative Heinze moved and asked unanimous consent that                                        
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
Amendment No. 1 was adopted.                                                                        
                                                                                                    
**The presence of Representatives Kerttula and Berkowitz was noted.                                 
                                                                                                    
Amendment No. 2 was offered  by Representative Heinze:                                               
                                                                                                    
Page 6, lines 6 - 7:                                                                                
     Delete "one publication [TWO SEPARATE PUBLICATIONS]"                                       
     Insert "two [SEPARATE] publications"                                                           
                                                                                                    
Representative Heinze moved and asked unanimous consent that                                        
Amendment No. 2 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
Amendment No. 3 was offered  by Representatives Seaton, Stoltze,                                     
Gatto, Kohring, Harris, and Kerttula:                                                               
                                                                                                    
Page 4, lines 4 - 6:                                                                                
 Delete ", or coal bed methane drilling or other natural gas drilling                               
to recover gas from a field if a part of the field is within 3,000 feet of                          
the surface"                                                                                        
                                                                                                    

2004-03-25                     House Journal                      Page 3088
Representative Seaton moved and asked unanimous consent that                                        
Amendment No. 3 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
HB 524 am be considered engrossed, advanced to third reading, and                                   
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
HB 524 am was read the third time.                                                                  
                                                                                                    
The question being:  "Shall HB 524 am pass the House?"  The roll was                                
taken with the following result:                                                                    
                                                                                                    
HB 524 am                                                                                           
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  1   EXCUSED:  0   ABSENT:  3                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                  
Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                          
Samuels, Seaton, Stepovich, Stoltze, Williams, Wilson                                               
                                                                                                    
Nays:  Wolf                                                                                         
                                                                                                    
Absent:  Holm, Joule, Weyhrauch                                                                     
                                                                                                    
And so, HB 524 am passed the House.                                                                 
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
HB 524 am was referred to the Chief Clerk for engrossment.                                          
                                                                                                    
                          LEGISLATIVE CITATIONS                                                  
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citation on the calendar.  There being no objection,                              
the following citation was approved and sent to enrolling:                                          
                                                                                                    

2004-03-25                     House Journal                      Page 3089
Honoring - The Courageous and Heroic Alaskans on the 40th                                           
Anniversary of the Great Alaska Earthquake                                                          
By Representatives Kohring, Kerttula, Gatto, Harris, Masek, Stoltze,                                
Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                     
Croft, Dahlstrom, Fate, Gara, Gruenberg, Guttenberg, Hawker, Holm,                                  
Joule, Kapsner, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                        
Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wilson, Wolf;                                      
Senators Therriault, Green, Ogan                                                                    
                                                                                                    
                           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 Crawford - from 7:30 p.m., March 25 to 10:00 a.m.,                                   
plane time, March 29, 2004                                                                          
                                                                                                    
Representative Croft - from 10:00 p.m., March 25 to 8:00 a.m., plane                                
time, March 27, 2004                                                                                
                                                                                                    
Representative Heinze - from 7:30 p.m., March 25 to 10:00 a.m., plane                               
time, March 29, 2004 (amended from page 3068)                                                       
                                                                                                    
                        SPECIAL ORDER OF BUSINESS                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
notice and publication requirements be waived and the citation,                                     
Honoring - William Tyson Elementary School, be taken up as a                                        
Special Order of Business at this time.  There being no objection, it                               
was so ordered.                                                                                     
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citation.  There being no objection, the following                                
citation was approved and sent to enrolling:                                                        
                                                                                                    
Honoring - William Tyson Elementary School                                                          
By Representatives Gruenberg, Kott, Anderson, Berkowitz, Chenault,                                  
Foster, Gara, Gatto, Harris, Hawker, Kapsner, Lynn, Masek, Morgan,                                  
Ogg, Rokeberg, Seaton, Stoltze, Williams, Wolf                                                      

2004-03-25                     House Journal                      Page 3090
                               ENGROSSMENT                                                       
                                                                                                    
HB 524                                                                                            
HB 524 am was engrossed, signed by the Speaker and Chief Clerk and                                  
transmitted to the Senate for consideration.                                                        
                                                                                                    
                              ANNOUNCEMENTS                                                      
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                               ADJOURNMENT                                                       
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 11:00 a.m., March 29, 2004.  There being no                                     
objection, the House adjourned at 12:39 p.m.                                                        
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk