Legislature(2003 - 2004)

2004-04-05 House Journal

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2004-04-05                     House Journal                      Page 3193
                                                                                                    
                                    HOUSE JOURNAL                                                
                                                                                                    
                              ALASKA STATE LEGISLATURE                                           
                                                                                                    
                     TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                  
                                                                                                    
Juneau, Alaska                         Monday                        April 5, 2004                
                                                                                                    
                                  Eighty-fifth Day                                             
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 11:19 a.m.                                                                                  
                                                                                                    
                                                                                                    
Roll call showed 36 members present.  Representative Fate had been                                  
previously excused from a call of the House today.  Representative                                  
Seaton was absent and his presence was noted later.  Representatives                                
Anderson and McGuire were absent.                                                                   
                                                                                                    
                                                                                                    
The invocation was offered by the Chaplain, Pastor David Swofford of                                
First Church of God.  Representative Meyer moved and asked                                          
unanimous consent that the invocation be spread on the journal.  There                              
being no objection, it was so ordered.                                                              
                                                                                                    
                                                                                                    
     Thank You, Lord, for giving us another day to live.  I ask that                                
     You lead these men and women in the choices that they will                                     
     make for each man, woman, and child.  Protect all those that                                   
     fish in our seas, work in the timber industries, and deep within                               
     the earth.  Father, I ask that You would protect the needs of                                  
     the family within Alaska.  Please help all those within the                                    
     state's department of family services.  Give them wisdom to                                    
     protect those children that are in risk as well as to give help to                             
     families that are in need.  Lord, there is nothing too hard for                                
     You.  I ask that You help this assembly in the decisions that                                  
     they make.  Thank You for giving us another day.  In Jesus'                                    
     name.  Amen.                                                                                   
                                                                                                    

2004-04-05                     House Journal                      Page 3194
The Pledge of Allegiance was led by Representative Harris.                                          
                                                                                                    
                                                                                                    
                            CERTIFICATION OF THE JOURNAL                                         
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 81st, 82nd, 83rd, and 84th legislative days and House                               
and Senate Joint Journal Supplement No. 17 be approved as certified                                 
by the Chief Clerk.  There being no objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
                             MESSAGES FROM THE GOVERNOR                                          
                                                                                                    
A letter dated April 1, 2004, was read stating that, in accordance with                             
Alaska Statute 39.05.080, the Governor submits the following names                                  
for legislative confirmation of appointments to the boards and                                      
commissions set out below:                                                                          
                                                                                                    
                                                                                                    
The Speaker referred the following to the Health, Education & Social                                
Services Committee:                                                                                 
                                                                                                    
Board of Education and Early Development                                                          
     Ms. Sylvia J. Reynolds - Soldotna                                                              
     Reappointed:  03/24/2004                                                                       
     Term Expires:  03/01/2009                                                                      
                                                                                                    
     Ms. Carol (Bunny) J. Schaeffer - Kotzebue                                                      
     Appointed:  03/24/2004                                                                         
     Term Expires:  03/01/2009                                                                      
                                                                                                    
Alaska Mental Health Trust Authority Board of Trustees                                            
     Dr. William H. Doolittle - Fairbanks                                                           
     Appointed:  03/24/2004                                                                         
     Term Expires:  03/01/2009                                                                      
                                                                                                    
     Mr. Tom J. Hawkins - Anchorage                                                                 
     Reappointed:  03/24/2004                                                                       
     Term Expires:  03/01/2009                                                                      
                                                                                                    

2004-04-05                     House Journal                      Page 3195
The Speaker referred the following to the Labor & Commerce                                          
Committee:                                                                                          
                                                                                                    
State Board of Registration for Architects, Engineers, and Land                                   
Surveyors                                                                                         
     Mr. Clifford E. Baker - Kenai                                                                  
     Appointed:  03/24/2004                                                                         
     Term Expires:  03/01/2008                                                                      
                                                                                                    
     Mr. Boyd J. Brownfield - Anchorage                                                             
     Appointed:  03/24/2004                                                                         
     Term Expires:  03/01/2008                                                                      
                                                                                                    
     Mr. Richard A. Hughes - Fairbanks                                                              
     Appointed:  03/24/2004                                                                         
     Term Expires:  03/01/2008                                                                      
                                                                                                    
     Mr. Kenneth D. Maynard - Anchorage                                                             
     Appointed:  03/24/2004                                                                         
     Term Expires:  03/01/2008                                                                      
                                                                                                    
Alaska Labor Relations Agency                                                                     
     Mr. Gary P. Bader - Anchorage                                                                  
     Appointed:  03/24/2004                                                                         
     Term Expires:  03/01/2007                                                                      
                                                                                                    
     Mr. Dennis S. Niedermeyer - Eagle River                                                        
     Appointed:  03/24/2004                                                                         
     Term Expires:  03/01/2006                                                                      
                                                                                                    
     Mr. James S. Spalding - Anchorage                                                              
     Appointed:  03/24/2004                                                                         
     Term Expires:  03/01/2007                                                                      
                                                                                                    
The Speaker referred the following to the Resources Committee:                                      
                                                                                                    
Board of Fisheries                                                                                
     Mr. Robert Heyano - Dillingham                                                                 
     Appointed:  07/01/2004 (by law, terms begin July 1)                                            
     Term Expires:  06/30/2007                                                                      
                                                                                                    

2004-04-05                     House Journal                      Page 3196
     Mr. Art N. Nelson - Anchorage                                                                  
     Reappointed:  03/25/2004                                                                       
     Term Expires:  06/30/2007                                                                      
                                                                                                    
                                                                                                    
The Speaker referred the following to the State Affairs Committee:                                  
                                                                                                    
Alaska Public Offices Commission (APOC)                                                           
     Mr. Roger E. Holl - Anchorage                                                                  
     Appointed:  03/24/2004                                                                         
     Term Expires:  03/01/2009                                                                      
                                                                                                    
Resumes for the appointments are on file in the Chief Clerk's office.                               
                                                                                                    
                                                                                                    
HJR 32                                                                                            
A message dated April 1, 2004, was read stating the Governor is                                     
transmitting the engrossed and enrolled copies of the following                                     
resolution to the Lieutenant Governor's office for permanent filing:                                
                                                                                                    
                   CS FOR HOUSE JOINT RESOLUTION NO. 32(FSH) am S                                  
     Relating to the labeling of fish and fishery food products.                                    
                                                                                                    
     Legislative Resolve No. 38                                                                     
                                                                                                    
SJR 26                                                                                            
A message dated April 1, 2004, was read stating the Governor is                                     
transmitting the engrossed and enrolled copies of the following                                     
resolution to the Lieutenant Governor's office for permanent filing:                                
                                                                                                    
     CS FOR SENATE JOINT RESOLUTION NO. 26(RES)                                                     
     Requesting the United States Department of the Interior and the                                
     United States Department of Justice to appeal the decision of the                              
     United States Court of Appeals for the Ninth Circuit in The                                    
     Wilderness Society v. United States Fish and Wildlife Service and                              
     to seek an emergency stay of the decision pending an appeal of the                             
     decision.                                                                                      
                                                                                                    
     Legislative Resolve No. 37                                                                     
                                                                                                    

2004-04-05                     House Journal                      Page 3197
SB 291                                                                                            
A message dated April 1, 2004, was read stating the Governor has                                    
signed the following bill and is transmitting the engrossed and enrolled                            
copies to the Lieutenant Governor's office for permanent filing:                                    
                                                                                                    
     SENATE BILL NO. 291                                                                            
     "An Act extending the transition period for activities involving                               
     unstamped cigarettes; and providing for an effective date."                                    
                                                                                                    
     Chapter No. 11, SLA 2004                                                                       
     Effective Date:  April 2, 2004                                                                 
                                                                                                    
                                                                                                    
                              MESSAGES FROM THE SENATE                                           
                                                                                                    
HB 282                                                                                            
A message dated April 1, 2004, was read stating the Senate has                                      
passed:                                                                                             
                                                                                                    
     HOUSE BILL NO. 282                                                                             
     "An Act relating to contracts between the University of Alaska                                 
     and its employees involving research or other development of                                   
     intellectual property and to the authority of the president of the                             
     University of Alaska regarding employee contracts for                                          
     development of intellectual property."                                                         
                                                                                                    
HB 282 was referred to the Chief Clerk for enrollment.                                              
                                                                                                    
                                                                                                    
HB 394                                                                                            
A message dated April 1, 2004, was read stating the Senate has                                      
passed:                                                                                             
                                                                                                    
     CS FOR HOUSE BILL NO. 394(HES)                                                                 
     "An Act extending the termination date of the Alaska Commission                                
     on Aging and making technical revisions to citations related to the                            
     commission."                                                                                   
                                                                                                    
CSHB 394(HES) was referred to the Chief Clerk for enrollment.                                       
                                                                                                    

2004-04-05                     House Journal                      Page 3198
HB 397                                                                                            
A message dated April 1, 2004, was read stating the Senate has passed                               
CSHB 397(JUD) with the following amendment and it is transmitted                                    
for consideration:                                                                                  
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 397(JUD)                                                   
     "An Act relating to defense contacts with and recordings of                                    
     statements of victims and witnesses of sexual offenses."                                       
                                                                                                    
CSHB 397(JUD) is under Unfinished Business.                                                         
                                                                                                    
SB 283                                                                                            
A message dated April 1, 2004, was read stating the Senate has failed                               
to concur in the House amendment to CSSB 283(FIN), namely:                                          
                                                                                                    
     CS FOR SENATE BILL NO. 283(FIN) am H                                                           
     "An Act making an appropriation to reverse the deposit of money                                
     available for appropriation in the general fund at the end of fiscal                           
     year 2003 into the constitutional budget reserve fund; making an                               
     appropriation for investment management fees for the                                           
     constitutional budget reserve fund for fiscal year 2004; making an                             
     appropriation for investment management fees for the                                           
     constitutional budget reserve fund for fiscal year 2005; making                                
     appropriations to the Department of Education and Early                                        
     Development for K-12 educational programs; making                                              
     appropriations to the University of Alaska and the Alaska Court                                
     System; making an appropriation to reverse the deposit of money                                
     available for appropriation in the general fund at the end of fiscal                           
     year 2004 into the constitutional budget reserve fund; making an                               
     appropriation of the amount necessary to balance revenue and                                   
     general fund appropriations for fiscal years 2004 and 2005;                                    
     making appropriations for power cost equalization and for grants                               
     to municipalities, unincorporated communities, and designated                                  
     recipients; making appropriations under art. IX, sec. 17(c),                                   
     Constitution of the State of Alaska, from the constitutional budget                            
     reserve fund; and providing for an effective date."                                            
                                                                                                    
     (HCR 34 - title change resolution)                                                             
                                                                                                    
and respectfully requests the House to recede from its amendment.                                   
                                                                                                    

2004-04-05                     House Journal                      Page 3199
The message was received at 1:20 p.m., April 1, 2004.                                               
                                                                                                    
CSSB 283(FIN) am H is under Unfinished Business.                                                    
                                                                                                    
                                                                                                    
Messages dated April 1 and 2, 2004, were read stating the Senate has                                
passed the following and they are transmitted for consideration:                                    
                                                                                                    
                             FIRST READING AND REFERENCE                                         
                                OF SENATE RESOLUTIONS                                            
                                                                                                    
SCR 23                                                                                            
SENATE CONCURRENT RESOLUTION NO. 23 by the Senate                                                   
Rules Committee:                                                                                    
                                                                                                    
     Authorizing a recess by the Senate and the House of                                            
     Representatives for a period of more than three days, those days                               
     being April 9, 10, 11, and 12 of 2004.                                                         
                                                                                                    
was read the first time and taken up later as a Special Order of                                    
Business.                                                                                           
                                                                                                    
                             FIRST READING AND REFERENCE                                         
                                   OF SENATE BILLS                                               
                                                                                                    
SB 276                                                                                            
CS FOR SENATE BILL NO. 276(FIN) by the Senate Finance                                               
Committee, entitled:                                                                                
                                                                                                    
     "An Act relating to the Alaska Insurance Guaranty Association;                                 
     relating to the powers of the Alaska Industrial Development and                                
     Export Authority concerning the association; and providing for an                              
     effective date."                                                                               
                                                                                                    
was read the first time and referred to the Labor & Commerce,                                       
Judiciary, and Finance Committees.                                                                  
                                                                                                    
SB 301                                                                                            
CS FOR SENATE BILL NO. 301(FIN) by the Senate Finance                                               
Committee, entitled:                                                                                

2004-04-05                     House Journal                      Page 3200
     "An Act relating to the Alaska Pioneers' Home and the Alaska                                   
     Veterans' Home; relating to eligibility for admission to the Alaska                            
     Pioneers' Home and Alaska Veterans' Home; relating to the                                      
     eligibility of residents for the Alaska Pioneers' Home and the                                 
     Alaska Veterans' Home for general relief assistance; relating to                               
     state veterans' home facilities; making conforming amendments;                                 
     and providing for an effective date."                                                          
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Military & Veterans' Affairs and the Health, Education & Social                                     
Services and Finance Committees.                                                                    
                                                                                                    
A Senate letter of intent was attached (Senate Journal page 2364).                                  
                                                                                                    
**The presence of Representative Seaton was noted.                                                  
                                                                                                    
                           REPORTS OF STANDING COMMITTEES                                        
                                                                                                    
HB 425                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
     HOUSE BILL NO. 425                                                                             
     "An Act relating to funding for school districts operating                                     
     secondary school boarding programs, to funding for school                                      
     districts from which boarding students come, and to inoperative                                
     school districts; and providing for an effective date."                                        
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 425(EDU)                                                                 
     "An Act relating to funding for school districts operating                                     
     secondary school boarding programs and to funding for school                                   
     districts from which boarding students come; 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, Kapsner, Wilson                                         
                                                                                                    

2004-04-05                     House Journal                      Page 3201
No recommendation (1):  Cissna                                                                      
                                                                                                    
The following fiscal note(s) apply to CSHB 425(EDU):                                                
                                                                                                    
1.  Fiscal, Dept. of Education & Early Development                                                  
                                                                                                    
HB 425 was referred to the Finance Committee.                                                       
                                                                                                    
HB 452                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
     HOUSE BILL NO. 452                                                                             
     "An Act relating to licensing and regulation of sport fishing                                  
     services operators and fishing guides; and providing for an                                    
     effective date."                                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 452(JUD)                                                                 
     "An Act relating to licensing and regulation of sport fishing                                  
     operators and sport fishing guides; authorizing the Department of                              
     Fish and Game and the Alaska Commercial Fisheries Entry                                        
     Commission to release records and reports to the Department of                                 
     Natural Resources and the Department of Public Safety; and                                     
     providing for an effective date."                                                              
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  Gruenberg                                                                             
                                                                                                    
No recommendation (5):  Holm, Gara, Anderson, Ogg, McGuire                                          
                                                                                                    
The following fiscal note(s) apply to CSHB 452(JUD):                                                
                                                                                                    
2.  Fiscal, Dept. of Fish & Game                                                                    
3.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
HB 452 was referred to the Finance Committee.                                                       
                                                                                                    

2004-04-05                     House Journal                      Page 3202
HB 459                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
     HOUSE BILL NO. 459                                                                             
     "An Act requiring an auditable paper trail for electronic voting                               
     machines; and providing for an effective date."                                                
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 459(STA)                                                                 
     "An Act relating to optically scanned and electronically generated                             
     ballots; and providing for an effective date."                                                 
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Seaton, Gruenberg, Holm, Lynn, Weyhrauch                                              
                                                                                                    
No recommendation (1):  Coghill                                                                     
                                                                                                    
The following fiscal note(s) apply to CSHB 459(STA):                                                
                                                                                                    
1.  Fiscal, Office of the Governor                                                                  
                                                                                                    
HB 459 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 467                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     HOUSE BILL NO. 467                                                                             
     "An Act establishing an Alaska Commemorative Coin                                              
     Commission to develop the design concepts and to make                                          
     recommendations regarding the final design of the Alaska quarter                               
     under the 50 States Commemorative Coin Program Act; and                                        
     providing for an effective date."                                                              
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    

2004-04-05                     House Journal                      Page 3203
     CS FOR HOUSE BILL NO. 467(STA)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Crawford, Lynn, Anderson                                                              
                                                                                                    
Amend (3):  Rokeberg, Dahlstrom, Guttenberg                                                         
                                                                                                    
The following fiscal note(s) apply to CSHB 467(STA):                                                
                                                                                                    
1.  Fiscal, Office of the Governor                                                                  
                                                                                                    
HB 467 was referred to the Finance Committee.                                                       
                                                                                                    
HB 474                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
     HOUSE BILL NO. 474                                                                             
     "An Act relating to civil liability associated with aircraft runways,                          
     airfields, and landing areas."                                                                 
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 474(JUD)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Samuels, Holm, Ogg, McGuire                                                           
                                                                                                    
Do not pass (1):  Gara                                                                              
                                                                                                    
No recommendation (1):  Gruenberg                                                                   
                                                                                                    
The following fiscal note(s) apply to CSHB 474(JUD):                                                
                                                                                                    
1.  Zero, Dept. of Transportation & Public Facilities                                               
                                                                                                    

2004-04-05                     House Journal                      Page 3204
HB 474 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 484                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
     HOUSE BILL NO. 484                                                                             
     "An Act imposing a correctional facility surcharge on persons                                  
     convicted of a crime under state law, and on persons whose                                     
     probation is revoked; relating to fees and expenses for interstate                             
     transfer of probation or parole; and providing for an effective                                
     date."                                                                                         
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 484(JUD)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Samuels, Gruenberg, Ogg, McGuire                                                      
                                                                                                    
No recommendation (1):  Gara                                                                        
                                                                                                    
The following fiscal note(s) apply to CSHB 484(JUD):                                                
                                                                                                    
1.  Fiscal, Dept. of Law                                                                            
                                                                                                    
HB 484 was referred to the Finance Committee.                                                       
                                                                                                    
                                                                                                    
HB 502                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     HOUSE BILL NO. 502                                                                             
     "An Act relating to dispensing opticians and dispensing optician                               
     apprentices."                                                                                  
                                                                                                    

2004-04-05                     House Journal                      Page 3205
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Gatto, Guttenberg                                                                     
                                                                                                    
No recommendation (4):  Crawford, Lynn, Dahlstrom, Anderson                                         
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
HB 502 was referred to the Health, Education & Social Services                                      
Committee.                                                                                          
                                                                                                    
                            REPORTS OF SPECIAL COMMITTEES                                        
                                                                                                    
HB 364                                                                                            
The House Special Committee on Oil & Gas has considered:                                            
                                                                                                    
     SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 364                                                      
     "An Act establishing a moratorium on the issuance of state                                     
     shallow natural gas leases in the vicinity of Kachemak Bay, and                                
     precluding the commissioner of natural resources from reissuing                                
     or otherwise extending leases within the moratorium area if the                                
     leases fail to produce gas in paying quantities within the terms of                            
     the lease or if there is a breach of a term or condition of the lease;                         
     and providing for an effective date."                                                          
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                   
     364(O&G)                                                                                       
     "An Act prohibiting the issuance of state shallow natural gas                                  
     leases in the vicinity of Kachemak Bay, modifying the authority to                             
     extend certain shallow natural gas leases, and precluding the                                  
     director of the division of lands from reissuing or otherwise                                  
     extending shallow natural gas leases within the Kachemak Bay                                   
     area if there is a breach of a term or condition of the lease; and                             
     providing for an effective date."                                                              
                                                                                                    

2004-04-05                     House Journal                      Page 3206
The report was signed by Representative Kohring, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Kerttula, Crawford                                                                    
                                                                                                    
No recommendation (1):  McGuire                                                                     
                                                                                                    
Amend (3):  Holm, Rokeberg, Kohring                                                                 
                                                                                                    
                                                                                                    
The following fiscal note(s) apply to CSSSHB 364(O&G):                                              
                                                                                                    
1.  Indeterminate, Dept. of Natural Resources                                                       
                                                                                                    
SSHB 364 was referred to the Resources Committee.                                                   
                                                                                                    
HB 531                                                                                            
The House Special Committee on Oil & Gas has considered:                                            
                                                                                                    
     HOUSE BILL NO. 531                                                                             
     "An Act relating to natural gas exploration and development and                                
     to nonconventional gas, and amending the section under which                                   
     shallow natural gas leases may be issued; and providing for an                                 
     effective date."                                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 531(O&G)                                                                 
     (same title)                                                                                   
                                                                                                    
                                                                                                    
The report was signed by Representative Kohring, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Amend (7):  Holm, Kerttula, McGuire, Rokeberg, Crawford, Heinze,                                    
Kohring                                                                                             
                                                                                                    
The following fiscal note(s) apply to CSHB 531(O&G):                                                
                                                                                                    
1.  Indeterminate, Dept. of Natural Resources                                                       
                                                                                                    

2004-04-05                     House Journal                      Page 3207
HB 531 was referred to the Resources Committee.                                                     
                                                                                                    
                              INTRODUCTION OF CITATIONS                                          
                                                                                                    
The following citation was introduced and taken up later as a Special                               
Order of Business:                                                                                  
                                                                                                    
Honoring - The Service High School Hockey Team                                                      
By Representatives Meyer, Samuels                                                                   
                                                                                                    
                     INTRODUCTION, FIRST READING, AND REFERENCE                                  
                                OF HOUSE RESOLUTIONS                                             
                                                                                                    
HJR 45                                                                                            
HOUSE JOINT RESOLUTION NO. 45 by the House Judiciary                                                
Committee:                                                                                          
                                                                                                    
     Requesting the United States Congress to propose an amendment                                  
     to the Constitution of the United States to provide that a vacancy                             
     in the office of United States Representative may be filled by                                 
     appointment until an election can be held.                                                     
                                                                                                    
was read the first time and referred to the State Affairs, Judiciary, and                           
Finance Committees.                                                                                 
                                                                                                    
                     INTRODUCTION, FIRST READING, AND REFERENCE                                  
                                   OF HOUSE BILLS                                                
                                                                                                    
HB 551                                                                                            
HOUSE BILL NO. 551 by the House Judiciary Committee, entitled:                                      
                                                                                                    
     "An Act relating to the issuance of teacher certificates to and                                
     revocation of teacher certificates of persons convicted of felony                              
     drug offenses and to the issuance of limited teacher certificates to                           
     persons convicted of certain crimes involving a minor and felony                               
     drug offenses."                                                                                
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Education and the Judiciary Committee.                                                              
                                                                                                    

2004-04-05                     House Journal                      Page 3208
                         CONSIDERATION OF THE DAILY CALENDAR                                     
                                                                                                    
                            SECOND READING OF HOUSE BILLS                                        
                                                                                                    
HB 375                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 375                                                                             
     "An Act making appropriations for the operating and loan                                       
     program expenses of state government, for certain programs, and                                
     to capitalize funds; making appropriations under art. IX, sec.                                 
     17(c), Constitution of the State of Alaska; and providing for an                               
     effective date."                                                                               
                                                                                                    
with the:                                                             Journal Page                  
                                                                                                    
 FIN RPT CS(FIN) NT 8DP 3NR                                                    3162                 
                                                                                                    
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. 375(FIN)                                                                 
     "An Act making appropriations for the operating and loan                                       
     program expenses of state government, for certain programs, and                                
     to capitalize funds; and providing for an effective date."                                     
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representatives Harris and Croft:                                    
                                                                                                    
Page 3, line 29, through page 4, line 4:                                                            
     Delete all material and insert:                                                                
                                   "APPROPRIATION     GENERAL        OTHER                          
                   ALLOCATIONS                     ITEMS             FUND        FUNDS              
Public Communications Service                  5,684,400       4,460,700     1,223,700            
Public Broadcasting         54,200                                                                  
  Commission                                                                                        
Public Broadcasting     2,469,900                                                                   
  - Radio                                                                                           
It is the intent of the legislature that reductions affect urban stations rather than               
rural stations.                                                                                     

2004-04-05                     House Journal                      Page 3209
Public Broadcasting        754,300                                                                  
  - T.V.                                                                                            
Satellite Infrastructure  2,406,000"                                                                
                                                                                                    
Page 4, lines 20 - 23:                                                                              
     Delete all material and insert:                                                                
                                     "APPROPRIATION       GENERAL      OTHER                        
                  ALLOCATIONS                    ITEMS              FUND      FUNDS                 
Violent Crimes Compensation                   1,587,100            302,400    1,284,700           
  Board                                                                                           
Violent Crimes         1,587,100                                                                    
  Compensation Board"                                                                               
                                                                                                    
Page 5, lines 14 - 16:                                                                              
     Delete all material and insert:                                                                
                                           "APPROPRIATION      GENERAL        OTHER                 
                    ALLOCATIONS            ITEMS                  FUND        FUNDS                 
Community Assistance &                          7,939,800        3,865,300     4,074,500          
  Economic Development                                                                            
Community Advocacy   7,939,800"                                                                     
                                                                                                    
Page 13, line 13:                                                                                   
     Delete all material and insert:                                                                
                                   "APPROPRIATION      GENERAL        OTHER                         
                                                 ITEMS            FUND        FUNDS                 
Administration and Support                  17,633,200        3,613,200  14,020,000"              
                                                                                                    
Page 13, line 18:                                                                                   
     Delete all material and insert:                                                                
                   "ALLOCATIONS                                                                     
State Subsistence      4,427,700"                                                                   
                                                                                                    
Page 21, lines 32 - 33:                                                                             
     Delete all material and insert:                                                                
                                          "APPROPRIATION     GENERAL        OTHER                   
                                                ITEMS            FUND        FUNDS                  
Workers' Compensation and           15,357,000       1,456,100    13,900,900                      
  Safety"                                                                                         
                                                                                                    
Page 22, line 6:                                                                                    
     Delete all material and insert:                                                                
                  "ALLOCATIONS                                                                      
Wage and Hour       1,428,500                                                                       
     Administration"                                                                                
                                                                                                    
Page 22, line 15:                                                                                   
     Delete all material and insert:                                                                

2004-04-05                     House Journal                      Page 3210
                                         "APPROPRIATION     GENERAL        OTHER                    
                                               ITEMS              FUND        FUNDS                 
Workforce Development                     101,711,200       4,847,900  96,863,300"                
                                                                                                    
Page 22, lines 25 - 26:                                                                             
          Delete all material and insert:                                                           
                 "ALLOCATIONS                                                                       
Kotzebue Technical    1,100,900                                                                     
   Center Operations Grant"                                                                         
                                                                                                    
Representative Harris moved and asked unanimous consent that                                        
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
Amendment to Amendment No. 1 was offered  by Representative                                          
Harris:                                                                                             
                                                                                                    
Under "Page 3," following "Public Broadcasting - Radio":                                            
 Delete "It is the intent of the legislature that reductions affect                                 
urban stations rather than rural stations."                                                         
                                                                                                    
Representative Berkowitz objected and withdrew the objection.  There                                
being no further objection, Amendment to Amendment No. 1 was                                        
adopted.                                                                                            
                                                                                                    
There being no further objection, Amendment No. 1 as amended was                                    
adopted.                                                                                            
                                                                                                    
Amendment No. 2 was offered  by Representatives Harris, Croft, and                                   
Wilson:                                                                                             
                                                                                                    
Page 28, line 23:                                                                                   
     Under Allocations for the Council on Domestic Violence &                                       
     Sexual Assault:                                                                                
          Delete $200,000 Contractual                                                               
          Insert $200,000 Grants                                                                    
                                                                                                    
Representative Harris moved and asked unanimous consent that                                        
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Objection was heard.                                                                                
                                                                                                    

2004-04-05                     House Journal                      Page 3211
Amendment to Amendment No. 2 was offered  by Representative                                          
Harris:                                                                                             
                                                                                                    
Add to the amendment:                                                                               
     "Page 28, lines 25 - 27:                                                                       
     Delete all material."                                                                          
                                                                                                    
There being no objection, Amendment to Amendment No. 2 was                                          
adopted.                                                                                            
                                                                                                    
There being no further objection, Amendment No. 2 as amended was                                    
adopted.                                                                                            
                                                                                                    
Amendment No. 3 was offered  by Representatives Hawker, Stoltze,                                     
Harris, Wilson, Ogg, and Williams:                                                                  
                                                                                                    
Page 27, line 3:                                                                                    
     Under General Funds:                                                                           
          Delete "3,425,200"                                                                      
          Insert "3,775,200"                                                                      
                                                                                                    
Page 27, line 7:                                                                                    
     Under Allocations:                                                                             
          Delete "5,448,800"                                                                        
          Insert "5,798,800"                                                                        
                                                                                                    
Representative Stoltze 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 not offered.                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 375(FIN) am be considered engrossed, advanced to third                                         
reading, and placed on final passage.                                                               
                                                                                                    
Representative Croft objected.                                                                      
                                                                                                    

2004-04-05                     House Journal                      Page 3212
CSHB 375(FIN) am will advance to third reading on tomorrow's                                        
calendar.                                                                                           
                                                                                                    
HB 377                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 377                                                                             
     "An Act making appropriations for the operating and capital                                    
     expenses of the state's integrated comprehensive mental health                                 
     program; and providing for an effective date."                                                 
                                                                                                    
with the:                                                             Journal Page                  
                                                                                                    
 FIN RPT CS(FIN) 11DP                                                          3133                 
                                                                                                    
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. 377(FIN)                                                                 
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 377(FIN) be considered engrossed, advanced to third reading,                                   
and placed on final passage.                                                                        
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
CSHB 377(FIN) will advance to third reading on tomorrow's calendar.                                 
                                                                                                    
                                                                                                    
                                 UNFINISHED BUSINESS                                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following members be excused from a call of the House.  There being                                 
no objection, the members were excused as noted:                                                    
                                                                                                    
Representative Kookesh - from 8:00 a.m., April 6 to 6:00 p.m., plane                                
time, April 7, 2004                                                                                 

2004-04-05                     House Journal                      Page 3213
Representative Rokeberg - from 6:00 p.m., April 8 to 10:00 a.m.,                                    
plane time, April 13, 2004                                                                          
                                                                                                    
Representative Hawker - from 7:00 p.m., April 8 to 10:00 a.m., plane                                
time, April 12, 2004                                                                                
                                                                                                    
Representative Meyer - from 7:00 p.m., April 8 to 10:00 p.m., plane                                 
time, April 12, 2004                                                                                
                                                                                                    
Representative Heinze - from 7:00 p.m., April 8 to 10:00 p.m., plane                                
time, April 12, 2004                                                                                
                                                                                                    
Representative Holm - from 7:00 p.m., April 8 to 10:00 a.m., plane                                  
time, April 13, 2004                                                                                
                                                                                                    
Representative Stepovich - from 7:00 p.m., April 8 to 10:00 a.m.,                                   
plane time, April 13, 2004                                                                          
                                                                                                    
Representative Anderson - from 7:00 a.m., April 9 to 3:00 p.m., plane                               
time, April 13, 2004                                                                                
                                                                                                    
Representative Samuels - from 1:00 p.m., April 9 to 2:00 p.m., plane                                
time, April 12, 2004                                                                                
                                                                                                    
Representative Gruenberg - from 7:00 p.m., April 9 to 10:00 a.m.,                                   
plane time, April 13, 2004                                                                          
                                                                                                    
                                                                                                    
                             CONCUR IN SENATE AMENDMENTS                                         
                                                                                                    
HB 398                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 3156) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 398(JUD) am                                                              
            "An Act relating to domestic violence fatality review teams."                          
                                                                                                    
and                                                                                                 
                                                                                                    

2004-04-05                     House Journal                      Page 3214
     SENATE CS FOR CS FOR HOUSE BILL NO. 398(JUD)                                                   
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHB 398(JUD) am, thus adopting SCS CSHB
398(JUD), and recommended that the members vote yes.                                                
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 398(JUD) am?"  The roll was taken with the                                        
following result:                                                                                   
                                                                                                    
SCS CSHB 398(JUD)                                                                                   
Concur                                                                                              
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  1   ABSENT:  3                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                      
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                   
Kott, Lynn, Masek, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels,                                    
Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson                                             
                                                                                                    
Excused:  Fate                                                                                      
                                                                                                    
Absent:  Anderson, McGuire, Wolf                                                                    
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 398(JUD).                                                                                  
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
SCS CSHB 398(JUD) was referred to the Chief Clerk for enrollment.                                   
                                                                                                    
                              SPECIAL ORDER OF BUSINESS                                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
notice and publication requirements be waived and the citation,                                     
Honoring - The Service High School Hockey Team, be taken up as a                                    
Special Order of Business at this time.  There being no objection, it                               
was so ordered.                                                                                     
                                                                                                    

2004-04-05                     House Journal                      Page 3215
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citation.  There being no objection, the following                                
citation was approved and sent to enrolling:                                                        
                                                                                                    
Honoring - The Service High School Hockey Team                                                      
By Representatives Meyer, Samuels, Kott, Berkowitz, Chenault,                                       
Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg,                                
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring,                                
Lynn, Masek, Morgan, Ogg, Rokeberg, Seaton, Stepovich, Stoltze,                                     
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
SCR 23                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
following be taken up as a Special Order of Business at this time:                                  
                                                                                                    
     SENATE CONCURRENT RESOLUTION NO. 23                                                            
     Authorizing a recess by the Senate and the House of                                            
     Representatives for a period of more than three days, those days                               
     being April 9, 10, 11, and 12 of 2004.                                                         
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
The question being:  "Shall SCR 23 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
SCR 23                                                                                              
Special Order of Business                                                                           
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  1   ABSENT:  3                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                      
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                   
Kott, Lynn, Masek, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                   
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
Excused:  Fate                                                                                      
                                                                                                    
Absent:  Anderson, McGuire, Moses                                                                   
                                                                                                    
And so, SCR 23 passed the House, was signed by the Speaker and                                      
Chief Clerk and returned to the Senate.                                                             
                                                                                                    

2004-04-05                     House Journal                      Page 3216
                                 UNFINISHED BUSINESS                                             
                                                                                                    
HB 459                                                                                            
The Speaker added a Finance Committee referral to the following:                                    
                                                                                                    
     HOUSE BILL NO. 459                                                                             
     "An Act requiring an auditable paper trail for electronic voting                               
     machines; and providing for an effective date."                                                
                                                                                                    
HB 459 was removed from the Rules Committee and referred to the                                     
Finance Committee.                                                                                  
                                                                                                    
                                                                                                    
                                                                                                    
HB 339                                                                                            
Representative Wolf added his name as cosponsor to:                                                 
                                                                                                    
     HOUSE BILL NO. 339                                                                             
     "An Act relating to negative option plans for sales, to charges for                            
     goods or services after a trial period, and to acts that are unlawful                          
     as unfair trade practices."                                                                    
                                                                                                    
                                                                                                    
HB 423                                                                                            
Representative Gruenberg added his name as cosponsor 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 459                                                                                            
Representatives Coghill and Weyhrauch added their names as                                          
cosponsors to:                                                                                      
                                                                                                    
     HOUSE BILL NO. 459                                                                             
     "An Act requiring an auditable paper trail for electronic voting                               
     machines; and providing for an effective date."                                                
                                                                                                    

2004-04-05                     House Journal                      Page 3217
                                     ENGROSSMENT                                                 
                                                                                                    
HB 378                                                                                            
Reconsideration of the following was not taken up on this legislative                               
day.  It was engrossed, signed by the Speaker and Chief Clerk and                                   
transmitted to the Senate for consideration:                                                        
                                                                                                    
     HOUSE BILL NO. 378                                                                             
     "An Act relating to the Alaska Food, Drug, and Cosmetic Act,                                   
     including sales, advertising, certain devices, food donors, and food                           
     banks; making certain violations of organic food provisions and of                             
     the Alaska Food, Drug, and Cosmetic Act unfair methods of                                      
     competition and unfair or deceptive acts or practices under certain                            
     of the state's unfair trade practices and consumer protection laws;                            
     and providing for an effective date."                                                          
                                                                                                    
                                    ANNOUNCEMENTS                                                
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
The following meeting today has been changed as indicated:                                          
                                                                                                    
Judiciary Committee                                                                                 
CHANGED TO:                                                          1:00 p.m., 4/6                 
                                                                                                    
                                     ADJOURNMENT                                                 
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., April 6, 2004.  There being no                                      
objection, the House adjourned at 12:49 p.m.                                                        
                                                                                                    
                                                    Suzi Lowell                                     
                                                    Chief Clerk