Legislature(2003 - 2004)

2004-01-29 House Journal

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2004-01-29                     House Journal                      Page 2431
                                                                                                    
                            HOUSE JOURNAL                                                        
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
              TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                         
                                                                                                    
Juneau, Alaska                 Thursday             January 29, 2004                              
                                                                                                    
                            Eighteenth Day                                                     
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 10:05 a.m.                                                                                  
                                                                                                    
Roll call showed 33 members present.  Representatives Kerttula,                                     
Morgan, and Ogg had been previously excused from a call of the                                      
House today.  Representatives Kohring, McGuire, and Williams were                                   
absent and their presence was noted later.                                                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Moses be excused from a call of the House today.                                     
There being no objection, it was so ordered.                                                        
                                                                                                    
The invocation was offered by the Chaplain, Pastor Dan Doran of                                     
Faith Lutheran Church.  Representative Meyer moved and asked                                        
unanimous consent that the invocation be spread on the journal.  There                              
being no objection, it was so ordered.                                                              
                                                                                                    
    Dear Lord,                                                                                      
                                                                                                    
    We have come to You this morning with thanks for those You                                      
    have chosen to represent us as our governing authorities.  We                                   
    ask that You be with them daily as they labor and that You                                      
    guide their decisions that they will make to a spirit of wisdom,                                
    and kindness, and justice for all.  Help them to serve faithfully                               
    and to promote the general welfare.  As they labor, we pray                                     
    that You be with the families who wait in their homes.  Keep                                    
    them safe and watch over them.  We thank You, Lord God,                                         
    for Your many gifts to us and we pray that You help us to be                                    
    good stewards of them in all we do.  All this we ask in the                                     
    name of Your Son, Jesus.  Amen.                                                                 

2004-01-29                     House Journal                      Page 2432
The Pledge of Allegiance was led by Representative Rokeberg.                                        
                                                                                                    
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 17th legislative day be approved as certified by the                                
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                            COMMUNICATIONS                                                       
                                                                                                    
The following were received:                                                                        
                                                                                                    
Alaska Municipal Bond Bank Authority                                                                
2003 Annual Report                                                                                  
January 24, 2004                                                                                    
(as required by AS 44.85.100)                                                                       
                                                                                                    
Alaska Municipal Bond Bank Authority                                                                
Certification of Reserves                                                                           
January 27, 2004                                                                                    
(as required by AS 44.85.270)                                                                       
                                                                                                    
Dept. of Corrections                                                                                
Alaska Interstate Compact Report                                                                    
January 28, 2004                                                                                    
(as required by AS 33.36.110)                                                                       
                                                                                                    
Dept. of Natural Resources                                                                          
Division of Mining, Land, and Water                                                                 
2004 Report to the Legislature                                                                      
Report on Identified RS 2477 Rights-of-Way                                                          
Notification of Annual Mining Report                                                                
Land Disposal Income Fund                                                                           
Notification of Annual Report on                                                                    
Water Removals and Exports                                                                          
Notification of Interim Land Classifications                                                        
(Closing Land to Mineral Entry)                                                                     
January 2004                                                                                        
(as required by AS 19.30.400, AS 27.05.060,                                                         
AS 38.04.022, AS 46.15.020, and AS 38.05.300, respectively)                                         

2004-01-29                     House Journal                      Page 2433
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
The Judiciary Committee has reviewed the qualifications of the                                      
following and recommends the appointments be forwarded to the                                       
House for ratification:                                                                             
                                                                                                    
                            Ann Rabinowitz                                                         
                           H. Conner Thomas                                                        
                                                                                                    
as members of the Select Committee on Legislative Ethics.                                           
                                                                                                    
The reports were signed by Representative McGuire, Chair; and                                       
Representatives Anderson, Gara, Gruenberg, Holm, Ogg, and                                           
Samuels.                                                                                            
                                                                                                    
**The presence of Representative Williams was noted.                                                
                                                                                                    
                      INTRODUCTION OF CITATIONS                                                  
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Service High School Hockey Team 2002 - 2003 State                                        
Champions                                                                                           
By Representatives Rokeberg, Meyer, Hawker, McGuire, Samuels                                        
                                                                                                    
Honoring - Kodiak Electric Association for Its Outstanding Efforts to                               
Reduce Raptor Losses                                                                                
By Senator Gary Stevens                                                                             
                                                                                                    
In Memoriam - George Wehmhoff                                                                       
By Representatives Stoltze, Berkowitz; Senator French                                               
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                            OF HOUSE BILLS                                                       
                                                                                                    
                                                                                                    
HB 415                                                                                            
HOUSE BILL NO. 415 by Representative Williams by request,                                           
entitled:                                                                                           

2004-01-29                     House Journal                      Page 2434
    "An Act authorizing a commercial fisherman to fish in each                                      
    fishery for which the commercial fisherman holds a commercial                                   
    fishing entry permit; relating to the power of the Alaska                                       
    Commercial Fisheries Entry Commission and the Board of                                          
    Fisheries to limit the number of fisheries in which a person may                                
    hold an entry permit and operate gear during a fishing season or a                              
    year; and providing for an effective date."                                                     
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Fisheries and the Resources Committee.                                                              
                                                                                                    
                 CONSIDERATION OF THE DAILY CALENDAR                                             
                                                                                                    
                 SECOND READING OF HOUSE RESOLUTIONS                                             
                                                                                                    
HR 7                                                                                              
The following was read the second time:                                                             
                                                                                                    
    HOUSE RESOLUTION NO. 7                                                                          
    Dedicating the House Resources Committee Room of the Alaska                                     
    State Capitol to the late Representative Ramona L. Barnes.                                      
                                                                                                    
The Rules Committee submitted the following fiscal note:                                            
                                                                                                    
1.  Zero, House Rules Committee                                                                     
                                                                                                    
**The presence of Representatives McGuire and Kohring was noted.                                    
                                                                                                    
Amendment No. 1 was offered  by Representative Croft:                                                
                                                                                                    
Page 2, following line 21:                                                                          
 Insert "FURTHER RESOLVED that under the authority                                                
assigned to the Legislature under AS 18.35.320(b), Room 124 of the                                  
Alaska State Capitol shall be a designated smoking area; and be it"                                 
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Objection was heard.                                                                                
                                                                                                    

2004-01-29                     House Journal                      Page 2435
Representative Croft moved and asked unanimous consent to                                           
withdraw Amendment No. 1.  There being no objection, it was so                                      
ordered.                                                                                            
                                                                                                    
The question being:  "Shall HR 7 pass the House?"  The roll was taken                               
with the following result:                                                                          
                                                                                                    
HR 7                                                                                                
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  4   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kohring, Kookesh,                                     
Kott, Lynn, Masek, McGuire, Meyer, Rokeberg, Samuels, Seaton,                                       
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
Excused:  Kerttula, Morgan, Moses, Ogg                                                              
                                                                                                    
And so, HR 7 passed the House and was referred to the Chief Clerk                                   
for engrossment and enrollment.                                                                     
                                                                                                    
                        LEGISLATIVE CITATIONS                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citation on the calendar.  There being no objection,                              
the following citation was approved and sent to enrolling:                                          
                                                                                                    
Honoring - L. James "Smiley" Shields                                                                
By Representatives McGuire, Kott, Anderson, Berkowitz, Chenault,                                    
Cissna, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg,                                         
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Masek, Meyer,                                     
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch,                                      
Williams, Wilson, Wolf                                                                              
                                                                                                    
                         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:                                                    
                                                                                                    

2004-01-29                     House Journal                      Page 2436
Representative Dahlstrom - from 7:00 p.m., January 29 to 9:35 a.m.,                                 
plane time, February 2, 2004 (amended from page 2425)                                               
                                                                                                    
Representative Holm - from 7:30 a.m., January 30 to 9:30 a.m., plane                                
time, February 2, 2004 (amended from page 2426)                                                     
                                                                                                    
Representative Berkowitz - from 7:00 a.m., January 30 to 8:00 a.m.,                                 
February 2, 2004 (amended from page 2426)                                                           
                                                                                                    
Representative Gara - from 7:00 a.m., February 6 to a.m., plane time,                               
February 9, 2004                                                                                    
                                                                                                    
Representative Gruenberg - from 7:04 p.m., February 6 to 9:35 a.m.,                                 
February 10, 2004                                                                                   
                                                                                                    
HB 282                                                                                            
The following forthcoming fiscal note to accompany the Health,                                      
Education & Social Services Committee report (page 2373) was                                        
published:                                                                                          
                                                                                                    
2.  Zero, University of Alaska                                                                      
                                                                                                    
for the following:                                                                                  
                                                                                                    
    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 is in the Labor & Commerce Committee.                                                        
                                                                                                    
HJR 34                                                                                            
Representative Wilson added her name as cosponsor to:                                               
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 34                                                                   
    Requesting the United States Department of Agriculture and the                                  
    United States Department of Labor to extend Trade Adjustment                                    
    Assistance benefits to Alaska fishermen; requesting the United                                  

2004-01-29                     House Journal                      Page 2437
    States Congress and the United States Department of Agriculture                                 
    to extend additional disaster and price support benefits to Alaska                              
    salmon fishermen; and requesting the United States Department of                                
    Agriculture to establish terminal markets in Alaska for all covered                             
    commodities including salmon.                                                                   
                                                                                                    
HB 413                                                                                            
Representative Harris added his name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 413                                                                              
    "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 under art. IX, sec. 17(c), Constitution of the State of                           
    Alaska, from the constitutional budget reserve fund; and providing                              
    for an effective date."                                                                         
                                                                                                    
                              ENROLLMENT                                                         
                                                                                                    
HB 209                                                                                            
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 2:58 p.m.,                                 
January 28, 2004:                                                                                   
                                                                                                    
    CS FOR HOUSE BILL NO. 209(RLS)                                                                  
    "An Act relating to municipal property tax adjustments for                                      
    property affected by a disaster."                                                               
                                                                                                    
The following memorandum, dated January 27, 2004, was received                                      
from Patty Rose, Enrolling Secretary, Division of Legal and Research                                
Services:                                                                                           
                                                                                                    
"In accordance with Rule 43, Uniform Rules of the Alaska State                                      
Legislature, I am reporting the following manifest error in CSHB                                    
209(RLS), which has been corrected in enrolling:                                                    
                                                                                                    
Page 1, line 13:                                                                                    
    Delete "of"                                                                                     
    Insert "for [OF]""                                                                          

2004-01-29                     House Journal                      Page 2438
                            ANNOUNCEMENTS                                                        
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                             ADJOURNMENT                                                         
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 11:00 a.m., February 2, 2004.  There being no                                   
objection, the House adjourned at 10:52 a.m.                                                        
                                                                                                    
                                           Suzi Lowell                                              
                                           Chief Clerk