Legislature(2003 - 2004)

2004-03-29 House Journal

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2004-03-29                     House Journal                      Page 3099
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
              TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                         
                                                                                                    
Juneau, Alaska                  Monday                 March 29, 2004                             
                                                                                                    
                          Seventy-eighth Day                                                   
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 11:24 a.m.                                                                                  
                                                                                                    
Roll call showed 38 members present.  Representative Gatto had been                                 
previously excused from a call of the House today.                                                  
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Chenault be excused from a call of the House to                                      
1:00 p.m., today.  There being no objection, it was so ordered.  The                                
presence of Representative Chenault was noted later.                                                
                                                                                                    
The invocation was offered by the Chaplain, Pastor Bill Nelson of                                   
United Pentecostal Church of Juneau.  Representative Fate moved and                                 
asked unanimous consent that the invocation be spread on the journal.                               
There being no objection, it was so ordered.                                                        
                                                                                                    
    It is with the deepest respect for the religious beliefs of all                                 
    Alaskans that I offer this prayer:                                                              
                                                                                                    
    O Lord, our God, creator and ultimate ruler of the universe,                                    
    You have placed mankind as stewards over Your creation to                                       
    subdue it and have dominion over it.  You have given us the                                     
    power of choice to do things our way or to consult You for                                      
    help in time of need.  My faith tells me that You do involve                                    
    Yourself in the affairs of man when invited to do so.  My                                       
    experience tells me this is true.  Lord, let this serve as the                                  
    invitation to manifest Your presence here, to involve Yourself                                  
    in one of the most important endeavors that mankind can be                                      
    gathered together for:  to cooperate as one body for the                                        
    formulation of rules of governance to better the quality of life                                
    for all who come under it.  You have blessed us, O Lord, by                                     

2004-03-29                     House Journal                      Page 3100
    allowing us to live in a land that is still governed by Your                                    
    principles.  We do not take this as a small thing, for it is                                    
    because of our adherence to Your principles that You have                                       
    elevated us to the level of prosperity that we enjoy.  Please do                                
    not let us forget that.  Please impart to us a generous portion                                 
    of Your wisdom to help us in our work today, O Lord, and                                        
    bless us with Your peace.  Amen.                                                                
                                                                                                    
The Pledge of Allegiance was led by Representative McGuire.                                         
                                                                                                    
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 74th, 75th, 76th, and 77th legislative days be approved                             
as certified by the Chief Clerk.  There being no objection, it was so                               
ordered.                                                                                            
                                                                                                    
                                                                                                    
                       MESSAGES FROM THE SENATE                                                  
                                                                                                    
A message dated March 26, 2004, was read stating the Senate has                                     
passed the following and they are transmitted for consideration:                                    
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                            OF SENATE BILLS                                                      
                                                                                                    
SB 227                                                                                            
CS FOR SENATE BILL NO. 227(STA) am by the Senate State                                              
Affairs Committee, entitled:                                                                        
                                                                                                    
    "An Act relating to municipal runoff elections and to municipal                                 
    initiative and referendum elections."                                                           
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs and State Affairs Committees.                                                               
                                                                                                    
SB 344                                                                                            
SENATE BILL NO. 344 by Senator Seekins, entitled:                                                   
                                                                                                    

2004-03-29                     House Journal                      Page 3101
    "An Act relating to the Uniform Probate Code and trusts,                                        
    including pleadings, orders, nonprobate assets, estates of                                      
    decedents, minors, protected persons, incapacitated persons,                                    
    guardians, conservators, trustees, foreign trusts, principal and                                
    income, and transfer restrictions; relating to corporate voting                                 
    trusts; and providing for an effective date."                                                   
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
SB 373                                                                                            
SENATE BILL NO. 373 by the Senate Health, Education & Social                                        
Services Committee, entitled:                                                                       
                                                                                                    
    "An Act relating to residency and internship permits issued by the                              
    State Medical Board; and providing for an effective date."                                      
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services Committee.                                                                                 
                                                                                                    
                            COMMUNICATIONS                                                       
                                                                                                    
Letters of disclosure, as required by AS 24.60, were published in                                   
House Journal Supplement No. 6 and Senate and House Joint Journal                                   
Supplement No. 16.                                                                                  
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
HJR 31                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 31                                                                   
    Proposing amendments to the Constitution of the State of Alaska                                 
    relating to the Alaska permanent fund and to payments to certain                                
    state residents from the Alaska permanent fund; and providing for                               
    an effective date for the amendments.                                                           
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE JOINT RESOLUTION NO. 31(STA)                                                       
    Proposing amendments to the Constitution of the State of Alaska                                 

2004-03-29                     House Journal                      Page 3102
    relating to the Alaska permanent fund and to payments to certain                                
    state residents from the fund; and providing for an effective date.                             
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Holm, Weyhrauch                                                                       
                                                                                                    
Do not pass (4):  Seaton, Gruenberg, Coghill, Berkowitz                                             
                                                                                                    
No recommendation (1):  Lynn                                                                        
                                                                                                    
The following fiscal note(s) apply to CSHJR 31(STA):                                                
                                                                                                    
1.   Zero, Dept. of Labor & Workforce Development                                                   
2.   Fiscal, Office of the Governor                                                                 
3.   Fiscal, Dept. of Education & Early Development                                                 
4.   Fiscal, Dept. of Revenue                                                                       
5.   Fiscal, Dept. of Revenue                                                                       
6.   Fiscal, Dept. of Health & Social Services                                                      
7.   Fiscal, Dept. of Health & Social Services                                                      
8.   Fiscal, Dept. of Health & Social Services                                                      
9.   Fiscal, Dept. of Health & Social Services                                                      
10. Fiscal, Dept. of Health & Social Services                                                       
11. Fiscal, Dept. of Health & Social Services                                                       
12. Fiscal, Dept. of Health & Social Services                                                       
13. Fiscal, Dept. of Health & Social Services                                                       
14. Fiscal, Dept. of Health & Social Services                                                       
15. Fiscal, Dept. of Health & Social Services                                                       
16. Fiscal, Dept. of Law                                                                            
17. Fiscal, Dept. of Public Safety                                                                  
18. Fiscal, Dept. of Revenue                                                                        
19. Fiscal, Dept. of Revenue                                                                        
                                                                                                    
HJR 31 was referred to the Judiciary Committee.                                                     
                                                                                                    
                                                                                                    
HB 236                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    

2004-03-29                     House Journal                      Page 3103
    HOUSE BILL NO. 236                                                                              
    "An Act imposing a tax on employment; and providing for an                                      
    effective date."                                                                                
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 236(FIN)                                                                  
    "An Act imposing a limited tax on wages and on net earnings                                     
    from self-employment; relating to the administration and                                        
    enforcement of that tax; and providing for an effective date."                                 
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (1):  Foster                                                                                
                                                                                                    
Do not pass (2):  Stoltze, Croft                                                                    
                                                                                                    
No recommendation (5):  Hawker, Joule, Moses, Chenault, Williams                                    
                                                                                                    
Amend (2):  Meyer, Harris                                                                           
                                                                                                    
The following fiscal note(s) apply to CSHB 236(FIN):                                                
                                                                                                    
1.  Indeterminate, Dept. of Labor & Workforce Development                                           
3.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
HB 236 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 273                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 273                                                       
    "An Act relating to the right of a parent to waive a child's claim of                           
    negligence against a provider of sports or recreational activities."                            
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    

2004-03-29                     House Journal                      Page 3104
    CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                    
    273(JUD)                                                                                        
    "An Act relating to the right of a parent to waive an                                           
    unemancipated child's claim of negligence against a provider of                                 
    sports or recreational activities."                                                             
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Samuels, Holm, Ogg, McGuire                                                           
                                                                                                    
No recommendation (1):  Gruenberg                                                                   
                                                                                                    
The following fiscal note(s) apply to CSSSHB 273(JUD):                                              
                                                                                                    
1.  Zero, Dept. of Law                                                                              
                                                                                                    
SSHB 273 was referred to the Rules Committee for placement on the                                   
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 333                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
    HOUSE BILL NO. 333                                                                              
    "An Act relating to an endowment for public education; and                                      
    providing for an effective date."                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 333(HES)                                                                  
    "An Act relating to an endowment for public education and the                                   
    University of Alaska; relating to university land; and providing for                            
    an effective date."                                                                             
                                                                                                    
The report was signed by Representative Wilson, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Gatto, Wolf, Coghill, Seaton, Cissna, Wilson                                          
                                                                                                    

2004-03-29                     House Journal                      Page 3105
No recommendation (1):  Kapsner                                                                     
                                                                                                    
The following fiscal note(s) apply to CSHB 333(HES):                                                
                                                                                                    
1.  Fiscal, Dept. of Education & Early Development                                                  
2.  Fiscal, Dept. of Natural Resources                                                              
3.  Fiscal, Dept. of Revenue                                                                        
4.  Fiscal, University of Alaska                                                                    
                                                                                                    
HB 333 was referred to the Finance Committee                                                        
                                                                                                    
HB 423                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 423                                                                              
    "An Act relating to accidents involving the vehicle of a person                                 
    under the influence of an alcoholic beverage; and providing for an                              
    effective date."                                                                                
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 423(JUD)                                                                  
    "An Act relating to accidents involving the vehicle of a person                                 
    under the influence of an alcoholic beverage."                                                  
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Holm, Samuels, Gruenberg, Ogg, Anderson, McGuire                                      
                                                                                                    
The following fiscal note(s) apply to CSHB 423(JUD):                                                
                                                                                                    
1.  Zero, Dept. of Law                                                                              
2.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
HB 423 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 434                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    

2004-03-29                     House Journal                      Page 3106
    HOUSE BILL NO. 434                                                                              
    "An Act relating to the practice of naturopathic medicine; and                                  
    providing for an effective date."                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 434(L&C)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Crawford, Guttenberg                                                                  
                                                                                                    
No recommendation (2):  Lynn, Dahlstrom                                                             
                                                                                                    
Amend (3):  Gatto, Rokeberg, Anderson                                                               
                                                                                                    
The following fiscal note(s) apply to CSHB 434(L&C):                                                
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
HB 434 was referred to the Health, Education & Social Services                                      
Committee.                                                                                          
                                                                                                    
HB 496                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
    HOUSE BILL NO. 496                                                                              
    "An Act creating the Youth Vote Ambassador Program and                                          
    relating to that program; authorizing the members of the program                                
    to be appointed to serve on election boards; relating to                                        
    qualifications for appointment to election boards; and providing                                
    for an effective date."                                                                         
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 496(STA)                                                                  
    (same title)                                                                                    
                                                                                                    

2004-03-29                     House Journal                      Page 3107
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  Coghill                                                                               
                                                                                                    
No recommendation (3):  Lynn, Berkowitz, Weyhrauch                                                  
                                                                                                    
Amend (2):  Seaton, Holm                                                                            
                                                                                                    
The following fiscal note(s) apply to CSHB 496(STA):                                                
                                                                                                    
1.  Zero, Office of the Governor                                                                    
                                                                                                    
HB 496 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 500                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
    HOUSE BILL NO. 500                                                                              
    "An Act relating to medical review organizations; and providing                                 
    for an effective date."                                                                         
                                                                                                    
The report was signed by Representative Wilson, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Coghill, Seaton, Cissna, Kapsner, Wilson                                              
                                                                                                    
No recommendation (2):  Gatto, Wolf                                                                 
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
2.  Zero, Dept. of Health & Social Services                                                         
                                                                                                    
HB 500 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 533                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    

2004-03-29                     House Journal                      Page 3108
    HOUSE BILL NO. 533                                                                              
    "An Act relating to the state's administrative procedures and to                                
    judicial oversight of administrative matters."                                                  
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 533(JUD)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Samuels, Holm, Gruenberg, Ogg, McGuire                                                
                                                                                                    
No recommendation (1):  Gara                                                                        
                                                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 533(JUD):                                                
                                                                                                    
1.  Indeterminate, Alaska Court System                                                              
2.  Indeterminate, Dept. of Fish & Game                                                             
3.  Indeterminate, Dept. of Health & Social Services                                                
                                                                                                    
HB 533 was referred to the Finance Committee                                                        
                                                                                                    
                                                                                                    
SB 201                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
    CS FOR SENATE BILL NO. 201(HES)                                                                 
    "An Act relating to home care and respite care; and providing for                               
    an effective date."                                                                             
                                                                                                    
The report was signed by Representative Wilson, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Wolf, Coghill, Seaton, Cissna, Kapsner, Wilson                                        
                                                                                                    
No recommendation (1):  Gatto                                                                       
                                                                                                    

2004-03-29                     House Journal                      Page 3109
The following fiscal note(s) apply:                                                                 
                                                                                                    
2.  Zero, Dept. of Law                                                                              
3.  Zero, Dept. of Public Safety                                                                    
4.  Zero, Dept. of Health & Social Services                                                         
                                                                                                    
CSSB 201(HES) was referred to the Rules Committee for placement                                     
on the calendar.                                                                                    
                                                                                                    
SB 291                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    SENATE BILL NO. 291                                                                             
    "An Act extending the transition period for activities involving                                
    unstamped cigarettes; 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, Hawker, Foster, Harris, Williams                                               
                                                                                                    
No recommendation (2):  Stoltze, Moses                                                              
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
                                                                                                    
SB 291 is on today's calendar.                                                                      
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Brigadier General Robertus C.N. Remkes                                                   
By Representative Dahlstrom                                                                         
                                                                                                    
Honoring - Greater Ketchikan Chamber of Commerce's 2003 Citizens                                    
of the Year, Bob and Linda Adams                                                                    
By Senator Stedman                                                                                  
                                                                                                    

2004-03-29                     House Journal                      Page 3110
In Memoriam - Arsenio Villanuava Credo                                                              
By Representatives Weyhrauch, Kerttula; Senator Elton                                               
                                                                                                    
In Memoriam - Hector P. Therriault                                                                  
By Representatives Coghill, Fate; Senator Therriault                                                
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                         OF HOUSE RESOLUTIONS                                                    
                                                                                                    
HCR 35                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 35 by the House                                                     
Finance Committee:                                                                                  
                                                                                                    
    Continuing the Alaska Energy Policy Task Force.                                                 
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Economic Development, International Trade, & Tourism and the                                        
Finance Committee.                                                                                  
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                            OF HOUSE BILLS                                                       
                                                                                                    
HB 547                                                                                            
HOUSE BILL NO. 547 by the House State Affairs Committee,                                            
entitled:                                                                                           
                                                                                                    
    "An Act relating to the dividends of individuals claiming                                       
    allowable absences; and providing for an effective date."                                       
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
HB 548                                                                                            
HOUSE BILL NO. 548 by the House Finance Committee, entitled:                                        
                                                                                                    
    "An Act relating to the state's mechanical code, to mechanical                                  
    contractors and mechanical administrators, to mechanical                                        
    standards and inspections involved in certain housing loans, and to                             
    the adoption of the state's mechanical code; and providing for an                               
    effective date."                                                                                
                                                                                                    

2004-03-29                     House Journal                      Page 3111
was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    
HB 549                                                                                            
HOUSE BILL NO. 549 by the House Judiciary Committee, entitled:                                      
                                                                                                    
    "An Act relating to unsolicited communications following an                                     
    aircraft accident; and amending Rule 503, Alaska Rules of                                       
    Evidence."                                                                                      
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 419                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 419                                                                              
    "An Act relating to regional seafood development associations and                               
    to regional seafood development taxes."                                                         
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 EDT RPT CS(EDT) 2DP 2NR 1AM                                      2746                              
 FN1: ZERO(CED)                                                   2747                              
 FN2: INDETERMINATE(REV)                                          2747                              
 RES RPT CS(RES) 5DP 2NR                                          2932                              
 FN1: ZERO(CED)                                                   2933                              
 FN2: INDETERMINATE(REV)                                          2933                              
 FIN RPT CS(RES) 9DP 1AM                                          3045                              
 FN1: ZERO(CED)                                                   3046                              
 FN2: INDETERMINATE(REV)                                          3046                              
                                                                                                    
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. 419(RES)                                                                  
    (same title)                                                                                    
                                                                                                    

2004-03-29                     House Journal                      Page 3112
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following members be excused from a call of the House for the                                       
Legislative Budget & Audit Committee meeting.  There being no                                       
objection, Representatives Kohring, Hawker, Kerttula, and Samuels                                   
were excused and their presence was noted later.                                                    
                                                                                                    
**The presence of Representative Kerttula was noted.                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 419(RES) be considered engrossed, advanced to third reading,                                   
and placed on final passage.                                                                        
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
CSHB 419(RES) will advance to third reading on the March 31, 2004,                                  
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 428                                                                                            
The following was read the second time:                                                             
                                                                                                    
    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."                                                       
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 L&C RPT 5DP                                                      2741                              
 FN1: ZERO(CRT)                                                   2742                              
 FN2: ZERO(DPS)                                                   2742                              
 JUD RPT CS(JUD) 4DP 1AM                                          3046                              
 FN1: ZERO(CRT)                                                   3046                              
 FN2: ZERO(DPS)                                                   3046                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    

2004-03-29                     House Journal                      Page 3113
    CS FOR HOUSE BILL NO. 428(JUD)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representative Meyer:                                                
                                                                                                    
Page 2, line 3:                                                                                     
 Delete "Department of Law"                                                                         
 Insert "board"                                                                                     
                                                                                                    
Representative Meyer 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.                                                                        
                                                                                                    
Amendment No. 2 was offered  by Representative Gara:                                                 
                                                                                                    
Page 2, following line 7:                                                                           
 Insert a new bill subsection to read:                                                              
         "(d) The licensee must provide 75 percent of annual net                                    
    proceeds from collection of fines imposed under this section for                                
    alcohol abuse treatment or education.  Donation of proceeds to                                  
    non-profit organizations that work on alcohol abuse education or                                
    treatment complies with this subsection.  The Alcoholic Beverage                                
    Control Board shall issue forms and regulations to implement this                               
    section.  A governmental subdivision of this state may enforce                                  
    local rules that differ from this subsection."                                                  
                                                                                                    
Reletter the following subsection accordingly.                                                      
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Meyer objected.                                                                      
                                                                                                    
**The presence of Representatives Kohring, Samuels, and Hawker                                      
was noted.                                                                                          
                                                                                                    

2004-03-29                     House Journal                      Page 3114
Representative Gruenberg moved and asked unanimous consent that                                     
the question be divided.                                                                            
                                                                                                    
Representative Gara objected.                                                                       
                                                                                                    
Representative Gruenberg moved and asked unanimous consent to                                       
withdraw the motion.  There being no objection, it was so ordered.                                  
                                                                                                    
**The presence of Representative Chenault was noted.                                                
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 428(JUD) am                                                                                    
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  15   NAYS:  23   EXCUSED:  1   ABSENT:  1                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Dahlstrom, Gara, Gruenberg,                                     
Guttenberg, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn,                                          
Weyhrauch, Wolf                                                                                     
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Croft, Fate, Foster, Harris,                                    
Hawker, Heinze, Holm, Kohring, Masek, McGuire, Meyer, Morgan,                                       
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams,                                       
Wilson                                                                                              
                                                                                                    
Excused:  Gatto                                                                                     
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
Amendment No. 3 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 1, line 9:                                                                                     
    Following "person"                                                                              
         Insert ","                                                                                 
                                                                                                    
Page 1, line 10:                                                                                    
    Following "AS 04.16.060"                                                                        
         Insert ","                                                                                 
                                                                                                    

2004-03-29                     House Journal                      Page 3115
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
Amendment No. 3 was adopted.                                                                        
                                                                                                    
                                                                                                    
Amendment No. 4 was offered  by Representatives Gruenberg and                                        
Meyer:                                                                                              
                                                                                                    
Page 2, line 1, following "defendant":                                                              
 Insert "at the defendant's last known address 15 days or more                                      
before the action is commenced"                                                                     
                                                                                                    
Page 2, line 2, following "authorized":                                                             
 Delete "to the defendant at the defendant's last known address 15                                  
days or more before the action is commenced"                                                        
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment No. 4 be adopted.                                                                         
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
Amendment No. 4 was adopted.                                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 428(JUD) am be considered engrossed, advanced to third                                         
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
CSHB 428(JUD) am was read the third time.                                                           
                                                                                                    
The question being:  "Shall CSHB 428(JUD) am pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 428(JUD) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  1   ABSENT:  3                                                   
                                                                                                    

2004-03-29                     House Journal                      Page 3116
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gruenberg, Guttenberg, Hawker,                                
Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                     
Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels,                                        
Seaton, Stepovich, Stoltze, Williams, Wilson, Wolf                                                  
                                                                                                    
Excused:  Gatto                                                                                     
                                                                                                    
Absent:  Harris, Moses, Weyhrauch                                                                   
                                                                                                    
And so, CSHB 428(JUD) am passed the House and was referred to the                                   
Chief Clerk for engrossment.                                                                        
                                                                                                    
HB 514                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 514                                                                              
    "An Act relating to child support modification and enforcement, to                              
    the establishment of paternity by the child support enforcement                                 
    agency, and to the crimes of criminal nonsupport and aiding the                                 
    nonpayment of child support; amending Rule 90.3, Alaska Rules                                   
    of Civil Procedure; and providing for an effective date."                                       
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 JUD RPT CS(JUD) 5DP                                              2810                              
 FN1: INDETERMINATE(ADM)                                          2810                              
 FN2: INDETERMINATE(CRT)                                          2810                              
 FN3: INDETERMINATE(LAW)                                          2810                              
 FIN RPT CS(FIN) 4DP 3NR 2AM                                      3052                              
 FN2: INDETERMINATE(CRT)                                          3053                              
 FN3: INDETERMINATE(LAW)                                          3053                              
 FN4: ZERO(ADM); FN5: ZERO(ADM)                                   3053                              
 FN6: ZERO(DPS)                                                   3053                              
 FN7: (REV)                                                       3053                              
                                                                                                    
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. 514(FIN)                                                                  
    (same title)                                                                                    
                                                                                                    

2004-03-29                     House Journal                      Page 3117
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representatives Croft and Kott:                                      
                                                                                                    
Page 3, lines 21 - 28:                                                                              
 Delete all material and insert:                                                                    
           "(A) being a person with a statutory duty to                                         
         disclose information to a child support enforcement                                    
         agency, withholds the information [ABOUT THE                                       
         RESIDENCE OR EMPLOYMENT OF THE OBLIGOR]                                                    
         when it [THAT INFORMATION] is requested by a child                                     
         support enforcement agency;                                                                
           (B)  being an employer of the obligor, withholds                                         
         information about the residence or employment of the                                   
         obligor, the eligibility of the obligor's children for coverage                        
         under the employer's health insurance plan, or [ABOUT] the                             
         cost of the coverage of the children under the plan, when that                         
         information is requested by a child support enforcement                                    
         agency or when the employer is required by state or                                    
         federal law to report the information without a request by                             
         a child support enforcement agency; or"                                                
                                                                                                    
Page 3, line 29:                                                                                    
 Delete "or employment"                                                                             
 Insert "[OR] employment, or other"                                                             
                                                                                                    
Representative Croft 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.                                                                        
                                                                                                    
Amendment No. 2 was offered  by Representatives Croft and Kott:                                      
                                                                                                    
Page 5, following line 16:                                                                          
    Insert a new subsection to read:                                                                
         "(f)  The agency may employ investigators who may exercise                                 
    the power of peace officers when those powers are specifically                                  
    granted by the agency to that investigator.  Peace officer powers                               
    granted by the agency under this subsection may be exercised for                                

2004-03-29                     House Journal                      Page 3118
    protection in the line of duty.  An investigator granted and who is                             
    exercising peace officer powers under this subsection may carry a                               
    firearm only if the investigator                                                                
             (1) has completed a peace officer training academy                                     
         program; and                                                                               
             (2)  has met annual firearm certification requirements that                            
         are equivalent to those required by the Department of Public                               
         Safety."                                                                                   
                                                                                                    
Renumber the following subsections accordingly.                                                     
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
Amendment No. 1 to Amendment No. 2 was offered  by                                                   
Representative Gara:                                                                                
                                                                                                    
Following "(1) has":                                                                                
 Insert "successfully"                                                                              
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 1 to Amendment No. 2 be adopted.  There being no                                      
objection, it was so ordered.                                                                       
                                                                                                    
                                                                                                    
Amendment No. 2 to Amendment No. 2 as amended was offered by                                        
Representative Ogg:                                                                                 
                                                                                                    
Under (f), following "agency under this subsection may":                                            
 Insert "only"                                                                                      
                                                                                                    
Representative Ogg moved and asked unanimous consent that                                           
Amendment No. 2 to Amendment No. 2 as amended be adopted.                                           
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 3 to Amendment No. 2 as amended was offered by                                        
Representative Hawker:                                                                              
                                                                                                    

2004-03-29                     House Journal                      Page 3119
Under (1), following "program":                                                                     
 Insert "meeting the minimum standards required by the Alaska                                       
Police Standards Council for all other state police officers"                                       
                                                                                                    
Representative Hawker moved and asked unanimous consent that                                        
Amendment No. 3 to Amendment No. 2 as amended be adopted.                                           
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Hawker placed a call of the House.                                                   
                                                                                                    
The call was satisfied.                                                                             
                                                                                                    
The question being:  "Shall Amendment No. 2 as amended be                                           
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
CSHB 514(FIN) am                                                                                    
Second Reading                                                                                      
Amendment No. 2 as amended                                                                          
                                                                                                    
YEAS:  15   NAYS:  24   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Crawford, Croft, Dahlstrom, Gara, Gruenberg,                                       
Guttenberg, Hawker, Heinze, Kott, Lynn, McGuire, Moses, Ogg,                                        
Samuels                                                                                             
                                                                                                    
Nays:  Berkowitz, Chenault, Cissna, Coghill, Fate, Foster, Harris,                                  
Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Masek, Meyer,                                     
Morgan, Rokeberg, Seaton, Stepovich, Stoltze, Weyhrauch, Williams,                                  
Wilson, Wolf                                                                                        
                                                                                                    
Excused:  Gatto                                                                                     
                                                                                                    
And so, Amendment No. 2 as amended was not adopted.                                                 
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 514(FIN) am be considered engrossed, advanced to third                                         
reading, and placed on final passage.                                                               
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
CSHB 514(FIN) am will advance to third reading on the March 31,                                     
2004, calendar.                                                                                     
                                                                                                    

2004-03-29                     House Journal                      Page 3120
                    SECOND READING OF SENATE BILLS                                               
                                                                                                    
SB 291                                                                                            
The following was read the second time:                                                             
                                                                                                    
    SENATE BILL NO. 291                                                                             
    "An Act extending the transition period for activities involving                                
    unstamped cigarettes; and providing for an effective date."                                     
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 L&C RPT 5DP 2NR                                                  3056                              
 FN1: ZERO(REV)                                                   3056                              
 FIN RPT 5DP 2NR                                                  3109                              
 FN1: ZERO(REV)                                                   3109                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
SB 291 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
SB 291 was read the third time.                                                                     
                                                                                                    
The question being:  "Shall SB 291 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
SB 291                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Fate, Foster, Gara, Gruenberg, Guttenberg, Harris,                                       
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                   
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                    
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Excused:  Gatto                                                                                     
                                                                                                    
Absent:  Anderson                                                                                   
                                                                                                    
And so, SB 291 passed the House.                                                                    
                                                                                                    

2004-03-29                     House Journal                      Page 3121
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.                                
                                                                                                    
Representative Berkowitz gave notice of reconsideration of the vote                                 
on SB 291.                                                                                          
                                                                                                    
                                                                                                    
                            RECONSIDERATION                                                      
                                                                                                    
SB 291                                                                                            
Representative Berkowitz moved and asked unanimous consent that                                     
reconsideration of SB 291 be taken up on the same day.  There being                                 
no objection, it was so ordered.                                                                    
                                                                                                    
SB 291 was again before the House in third reading.                                                 
                                                                                                    
The question to be reconsidered:  "Shall SB 291 pass the House?"  The                               
roll was taken with the following result:                                                           
                                                                                                    
SB 291--RECONSIDERATION                                                                             
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Fate, Foster, Gara, Gruenberg, Guttenberg, Harris,                                       
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                   
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                    
Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson,                                   
Wolf                                                                                                
                                                                                                    
Excused:  Gatto                                                                                     
                                                                                                    
Absent:  Anderson                                                                                   
                                                                                                    
And so, SB 291 passed the House on reconsideration.                                                 
                                                                                                    
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.                                
                                                                                                    

2004-03-29                     House Journal                      Page 3122
SB 291 was signed by the Speaker and Chief Clerk and returned to the                                
Senate.                                                                                             
                                                                                                    
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following member be excused from a call of the House.  There being                                  
no objection, the member was excused as noted:                                                      
                                                                                                    
Representative Wilson - from 1:00 p.m. to 3:00 p.m., March 31, 2004                                 
                                                                                                    
HB 441                                                                                            
The Speaker added a House Special Committee on Oil & Gas referral                                   
to follow the House Special Committee on Ways & Means referral                                      
with further referrals to the Resources and Finance Committees for the                              
following:                                                                                          
                                                                                                    
    SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 441                                                       
    "An Act amending the oil and gas properties production                                          
    (severance) tax as it relates to oil to require payment of a tax of at                          
    least five percent of the gross value at the point of production                                
    before any price adjustments authorized by this Act, to modify the                              
    mechanism for calculating the effective tax rate, to provide for                                
    adjustments to the tax when the prevailing value of the oil exceeds                             
    $20 per barrel or falls below $16 per barrel and to limit the effect                            
    of the adjustments, to exempt certain kinds of oil from application                             
    of the adjustments, and to waive and defer payment of portions of                               
    the tax on oil when its prevailing value falls below $10 per barrel;                            
    and providing for an effective date."                                                           
                                                                                                    
HB 441 is in the House Special Committee on Ways & Means.                                           
                                                                                                    
HB 275                                                                                            
Representatives McGuire and Crawford added their names as                                           
cosponsors to:                                                                                      
                                                                                                    
    HOUSE BILL NO. 275                                                                              
    "An Act relating to veterinarians and animals."                                                 
                                                                                                    

2004-03-29                     House Journal                      Page 3123
HB 319                                                                                            
Representative Foster added his name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 319                                                                              
    "An Act relating to the disposal of state land by lottery; and                                  
    relating to the disposal, including sale or lease, of remote                                    
    recreational cabin sites."                                                                      
                                                                                                    
HB 341                                                                                            
Representative Kookesh added his name as cosponsor to:                                              
                                                                                                    
    HOUSE BILL NO. 341                                                                              
     "An Act relating to the dive fishery management assessment."                                  
                                                                                                    
HB 423                                                                                            
Representatives Rokeberg and McGuire added their names as                                           
cosponsors to:                                                                                      
                                                                                                    
    HOUSE BILL NO. 423                                                                              
    "An Act relating to accidents involving the vehicle of a person                                 
    under the influence of an alcoholic beverage; and providing for an                              
    effective date."                                                                                
                                                                                                    
                                                                                                    
HB 428                                                                                            
Representative Lynn added his name as cosponsor to:                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 428(JUD) am                                                               
    "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."                                                       
                                                                                                    
                                                                                                    
HB 434                                                                                            
Representative Guttenberg added his name as cosponsor to:                                           
                                                                                                    
    HOUSE BILL NO. 434                                                                              
    "An Act relating to the practice of naturopathic medicine; and                                  
    providing for an effective date."                                                               
                                                                                                    

2004-03-29                     House Journal                      Page 3124
HB 514                                                                                            
Representative Dahlstrom added her name as cosponsor to:                                            
                                                                                                    
    CS FOR HOUSE BILL NO. 514(FIN) am                                                               
    "An Act relating to child support modification and enforcement, to                              
    the establishment of paternity by the child support enforcement                                 
    agency, and to the crimes of criminal nonsupport and aiding the                                 
    nonpayment of child support; amending Rule 90.3, Alaska Rules                                   
    of Civil Procedure; and providing for an effective date."                                       
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HB 428                                                                                            
CSHB 428(JUD) am was engrossed, signed by the Speaker and Chief                                     
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
The following meetings today have been changed as indicated:                                        
                                                                                                    
Resources Committee                                                                                 
CANCELED:                                               1:00 p.m., 3/29                             
                                                                                                    
Judiciary Committee                                                                                 
CHANGED TO:                                             upon adj., 3/29                             
                                                                                                    
Finance Committee                                                                                   
CHANGED TO:                                             3:00 p.m., 3/29                             
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., March 31, 2004.  There being no                                     
objection, the House adjourned at 2:50 p.m.                                                         
                                                                                                    
                                           Suzi Lowell                                              
                                           Chief Clerk