Legislature(2003 - 2004)

2004-04-15 House Journal

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2004-04-15                     House Journal                      Page 3325
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
               TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                        
                                                                                                    
Juneau, Alaska                  Thursday                 April 15, 2004                           
                                                                                                    
                            Ninety-fifth Day                                                   
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker pro                                
tempore Coghill at 10:13 a.m.                                                                       
                                                                                                    
Roll call showed 33 members present.  Representatives Kapsner, Kott,                                
Weyhrauch, and Wilson had been previously excused from a call of                                    
the House today.  Representatives Berkowitz, Croft, and Gara were                                   
absent and their presence was noted later.                                                          
                                                                                                    
The invocation was offered by the Chaplain, Pastor Larry Rorem of                                   
Shepherd of the Valley 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.                                          
                                                                                                    
    In deepest respect for the religious beliefs of each person here,                               
    I invite you into a time of prayer and reflection. Let us pray.                                 
                                                                                                    
    God of love, understanding, justice, and equality, we gather                                    
    here today as people who share great responsibility for the                                     
    well being of all people who call Alaska home.  We live in,                                     
    and love, a state of unequaled size and beauty.  Help us, who                                   
    live in this place of geographic, political, cultural, racial, and                              
    religious diversity, to embrace a vision for our state that                                     
    respects and deals with these differences with insight,                                         
    sensitivity, and respect.                                                                       
                                                                                                    
    In the midst of our visions, priorities, and purposes are the                                   
    realities that do not always fit our visions.  For all the many                                 
    success stories are the often-untold stories of heartache and                                   
    pain experienced by so many in our midst.                                                       
                                                                                                    

2004-04-15                     House Journal                      Page 3326
    On the streets of our cities and towns are people of all ages on                                
    the margins of society who must not be forgotten. They too                                      
    represent Alaska.  In particular we remember those who live                                     
    in homeless shelters and on the streets of our cities and                                       
    communities.  Homelessness related to all kinds of realities                                    
    from mental illness, to Fetal Alcohol Syndrome, to                                              
    alcoholism, to abuse, to loss of employment, affects a                                          
    significant number of our people all over Alaska.  Help us not                                  
    to forget that such are the people You ask us to care for.                                      
                                                                                                    
    Be with all who are gathered here that they might struggle                                      
    with issues in a way that reflects the importance of each and                                   
    every person who calls Alaska home.                                                             
                                                                                                    
    In Your holy name, Amen.                                                                        
                                                                                                    
                                                                                                    
The Pledge of Allegiance was led by Representative Fate.                                            
                                                                                                    
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative Foster, Acting Majority Leader, moved and asked                                      
unanimous consent that the journal for the 94th legislative day be                                  
approved as certified by the Chief Clerk.  There being no objection, it                             
was so ordered.                                                                                     
                                                                                                    
                        MESSAGES FROM THE SENATE                                                 
                                                                                                    
HB 357                                                                                            
A message dated April 14, 2004, was read stating the Senate has                                     
passed CSHB 357(JUD) with the following amendment and it is                                         
transmitted for consideration:                                                                      
                                                                                                    
    SENATE CS FOR CS FOR HOUSE BILL NO. 357(JUD)                                                    
    "An Act relating to restitution; and providing for an effective                                 
    date."                                                                                          
                                                                                                    
CSHB 357(JUD) is under Unfinished Business.                                                         
                                                                                                    

2004-04-15                     House Journal                      Page 3327
**The presence of Representative Berkowitz was noted.                                               
                                                                                                    
                                                                                                    
Representative Foster moved and asked unanimous consent that                                        
Representative Heinze be excused from a call of the House from noon                                 
today.  There being no objection, it was so ordered.                                                
                                                                                                    
                                                                                                    
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
HJR 46                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 46                                                                   
    Proposing amendments to the Constitution of the State of Alaska                                 
    relating to the principal of the Alaska permanent fund; limiting                                
    appropriations from the Alaska permanent fund to amounts equal                                  
    to that part of the market value of the fund that exceeds the                                   
    principal based on an averaged percent of the fund market value.                                
                                                                                                    
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (1):  Williams                                                                              
                                                                                                    
Do not pass (2):  Croft, Chenault                                                                   
                                                                                                    
No recommendation (3):  Hawker, Joule, Harris                                                       
                                                                                                    
Amend (3):  Meyer, Stoltze, Fate                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
2.  Fiscal, Office of the Governor                                                                  
                                                                                                    
HJR 46 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    

2004-04-15                     House Journal                      Page 3328
HJR 47                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 47                                                                   
    Proposing amendments to the Constitution of the State of Alaska                                 
    relating to the principal of the Alaska permanent fund; limiting                                
    appropriations from the Alaska permanent fund to amounts equal                                  
    to that part of the market value of the fund that exceeds the                                   
    principal based on an averaged percent of the fund market value;                                
    and permitting appropriations from the permanent fund only for                                  
    costs of administering the fund, a program of dividend payments                                 
    for state residents, and public education.                                                      
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (1):  Williams                                                                              
                                                                                                    
Do not pass (3):  Meyer, Croft, Chenault                                                            
                                                                                                    
No recommendation (4):  Hawker, Joule, Fate, Harris                                                 
                                                                                                    
Amend (1):  Stoltze                                                                                 
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
2.  Fiscal, Office of the Governor                                                                  
                                                                                                    
HJR 47 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 331                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
    HOUSE BILL NO. 331                                                                              
    "An Act relating to federal requirements for governmental plan                                  
    and other qualifications for the teachers' retirement system, the                               
    public employees' retirement system, and the judicial retirement                                
    system; and providing for an effective date."                                                   
                                                                                                    

2004-04-15                     House Journal                      Page 3329
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 331(STA)                                                                  
    "An Act relating to federal tax requirements for and other                                      
    provisions of the teachers' retirement system, the public                                       
    employees' retirement system, and the judicial retirement system;                               
    removing village public safety officers from the public employees'                              
    retirement system; eliminating the public employees' retirement                                 
    system conditional duty to refund contributions under $1,000 to                                 
    inactive employees; limiting service credit for village public                                  
    safety officer service in the public employees' retirement system                               
    to five years; and providing for an effective date."                                            
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Holm, Lynn, Weyhrauch                                                                 
                                                                                                    
No recommendation (1):  Coghill                                                                     
                                                                                                    
The following fiscal note(s) apply to CSHB 331(STA):                                                
                                                                                                    
2.  Zero, Dept. of Administration/Various Depts.                                                    
                                                                                                    
HB 331 was referred to the Labor & Commerce Committee.                                              
                                                                                                    
HB 336                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 336                                                                              
    "An Act limiting recovery of civil damages by an uninsured                                      
    driver; and providing for an effective date."                                                   
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 336(JUD)                                                                  
    "An Act relating to motor vehicle insurance; limiting recovery of                               
    civil damages by an uninsured driver; and providing for an                                      
    effective date."                                                                                
                                                                                                    

2004-04-15                     House Journal                      Page 3330
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  Anderson                                                                              
                                                                                                    
Do not pass (3):  Holm, Gara, Ogg                                                                   
                                                                                                    
No recommendation (2):  Samuels, McGuire                                                            
                                                                                                    
The following fiscal note(s) apply to CSHB 336(JUD):                                                
                                                                                                    
1.  Zero, Alaska Court System                                                                       
2.  Zero, Dept. of Law                                                                              
                                                                                                    
HB 336 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 452                                                                                            
The Finance 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(FIN)                                                                  
    "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 Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (4):  Meyer, Moses, Harris, Williams                                                        
                                                                                                    

2004-04-15                     House Journal                      Page 3331
No recommendation (6):  Hawker, Stoltze, Joule, Croft, Foster,                                      
Chenault                                                                                            
                                                                                                    
The following fiscal note(s) apply to CSHB 452(FIN):                                                
                                                                                                    
2.  Fiscal, Dept. of Fish & Game                                                                    
3.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
HB 452 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 553                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 553                                                                              
    "An Act relating to investments of the Alaska permanent fund and                                
    to the income of and appropriations from the Alaska permanent                                   
    fund and making conforming amendments; relating to the                                          
    determination of net income of the mental health trust fund; and                                
    providing for an effective date."                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 553(FIN)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (1):  Williams                                                                              
                                                                                                    
Do not pass (2):  Croft, Chenault                                                                   
                                                                                                    
No recommendation (5):  Meyer, Hawker, Stoltze, Joule, Harris                                       
                                                                                                    
The following fiscal note(s) apply to CSHB 553(FIN):                                                
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
                                                                                                    

2004-04-15                     House Journal                      Page 3332
HB 553 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
SB 299                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    SENATE BILL NO. 299                                                                             
    "An Act relating to a charge for a bad check."                                                  
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR SENATE BILL NO. 299(JUD)                                                           
    (same title)                                                                                    
                                                                                                    
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Samuels, Holm, Anderson, Gruenberg, Ogg                                               
                                                                                                    
Amend (2):  Gara, McGuire                                                                           
                                                                                                    
                                                                                                    
The following fiscal note(s) apply to HCS SB 299(JUD):                                              
                                                                                                    
1.  Zero, Dept. of Administration/Various Depts.                                                    
                                                                                                    
SB 299 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citation was introduced and referred to the Rules                                     
Committee for placement on the calendar:                                                            
                                                                                                    
In Memoriam - Leroy Blondin                                                                         
By Representative Ogg; Senator Gary Stevens                                                         
                                                                                                    

2004-04-15                     House Journal                      Page 3333
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 423                                                                                            
The following was read the second time:                                                             
                                                                                                    
    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."                                                                                
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 STA RPT CS(STA) NT 3DP 3NR 1AM                                    2933                             
 FN1: ZERO(LAW)                                                    2934                             
 FN2: ZERO(DPS)                                                    2934                             
 JUD RPT CS(JUD) NT 6DP                                            3105                             
 FN1: ZERO(LAW)                                                    3105                             
 FN2: ZERO(DPS)                                                    3105                             
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    CS FOR HOUSE BILL NO. 423(JUD)                                                                  
    "An Act relating to accidents involving the vehicle of a person                                 
    under the influence of an alcoholic beverage."                                                  
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
**The presence of Representative Gara was noted.                                                    
                                                                                                    
Representative Foster moved and asked unanimous consent that CSHB                                   
423(JUD) be considered engrossed, advanced to third reading, and                                    
placed on final passage.                                                                            
                                                                                                    
**The presence of Representative Croft was noted.                                                   
                                                                                                    
Representative Foster moved and asked unanimous consent to                                          
withdraw the motion.  There being no objection, it was so ordered.                                  
                                                                                                    

2004-04-15                     House Journal                      Page 3334
Amendment No. 1 was offered  by Representative Gara:                                                 
                                                                                                    
Page 2, line 20, following "vehicle":                                                               
    Insert "or other applicable"                                                                    
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative McGuire objected.                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 423(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  15   NAYS:  20   EXCUSED:  4   ABSENT:  1                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara,                                         
Gruenberg, Guttenberg, Joule, Kerttula, Kookesh, Lynn, Masek,                                       
Moses, Seaton                                                                                       
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Fate, Foster, Gatto, Harris,                                    
Hawker, Heinze, Holm, Kohring, McGuire, Meyer, Morgan, Ogg,                                         
Rokeberg, Samuels, Stoltze, Williams, Wolf                                                          
                                                                                                    
Excused:  Kapsner, Kott, Weyhrauch, Wilson                                                          
                                                                                                    
Absent:  Stepovich                                                                                  
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
                                                                                                    
Representative Foster moved and asked unanimous consent that CSHB                                   
423(JUD) be considered engrossed, advanced to third reading, and                                    
placed on final passage.                                                                            
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
CSHB 423(JUD) will advance to third reading on the April 19, 2004,                                  
calendar.                                                                                           
                                                                                                    

2004-04-15                     House Journal                      Page 3335
HB 430                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 430                                                                              
    "An Act relating to employees under 21 years of age in the                                      
    premises of hotels, restaurants, and eating places that are licensed                            
    to sell, serve, deliver, or dispense alcoholic beverages."                                      
                                                                                                    
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 L&C RPT 5DP                                                       2742                             
 FN1: ZERO(LWF)                                                    2742                             
 FN2: ZERO(DPS)                                                    2742                             
 JUD RPT 3DP 1NR                                             3248, 3267                             
 FN1: ZERO(LWF)                                                    3248                             
 FN2: ZERO(DPS)                                                    3248                             
                                                                                                    
                                                                                                    
Representative Foster moved and asked unanimous consent that                                        
HB 430 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
                                                                                                    
HB 430 was read the third time.                                                                     
                                                                                                    
                                                                                                    
The question being:  "Shall HB 430 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HB 430                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  35   NAYS:  0   EXCUSED:  4   ABSENT:  1                                                   
                                                                                                    
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kerttula, Kohring, Kookesh,                                    
Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels,                                        
Seaton, Stepovich, Stoltze, Williams, Wolf                                                          
                                                                                                    

2004-04-15                     House Journal                      Page 3336
Excused:  Kapsner, Kott, Weyhrauch, Wilson                                                          
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, HB 430 passed the House and was referred to the Chief Clerk                                 
for engrossment.                                                                                    
                                                                                                    
                                                                                                    
HB 438                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 438                                                                              
    "An Act relating to motorists moving over or slowing down for                                   
    emergency vehicles."                                                                            
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 TRA RPT 3DP 2NR                                                   2743                             
 FN1: ZERO(LAW)                                                    2743                             
 FN2: ZERO(DPS)                                                    2743                             
 STA RPT CS(STA) 1DP 2NR 3AM                                       2934                             
 FN1: ZERO(LAW)                                                    2934                             
 FN2: ZERO(DPS)                                                    2934                             
 JUD RPT CS(JUD) 5DP                                               3248                             
 FN1: ZERO(LAW)                                                    3249                             
 FN2: ZERO(DPS)                                                    3249                             
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    CS FOR HOUSE BILL NO. 438(JUD)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
**Representative Croft, who had been previously excused (page                                       
3321), left the Chamber.                                                                            
                                                                                                    
Amendment No. 1 was offered  by Representatives Holm, McGuire,                                       
and Stoltze:                                                                                        
                                                                                                    

2004-04-15                     House Journal                      Page 3337
Page 1, lines 8 and 10:                                                                             
 Delete "a law enforcement officer or fire fighter"                                                 
 Insert "law enforcement or emergency personnel"                                                    
                                                                                                    
Representative Holm moved and asked unanimous consent that                                          
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Lynn objected and withdrew the objection.  There                                     
being no further objection, Amendment No. 1 was adopted.                                            
                                                                                                    
                                                                                                    
Representative Foster moved and asked unanimous consent that                                        
CSHB 438(JUD) am be considered engrossed, advanced to third                                         
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
CSHB 438(JUD) am was read the third time.                                                           
                                                                                                    
The question being:  "Shall CSHB 438(JUD) am pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 438(JUD) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  31   NAYS:  0   EXCUSED:  5   ABSENT:  4                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Fate, Foster, Gara, Gatto,                             
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan,                                    
Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Williams, Wolf                                  
                                                                                                    
Excused:  Croft, Kapsner, Kott, Weyhrauch, Wilson                                                   
                                                                                                    
Absent:  Anderson, Crawford, Dahlstrom, Moses                                                       
                                                                                                    
And so, CSHB 438(JUD) am passed the House and was referred to the                                   
Chief Clerk for engrossment.                                                                        
                                                                                                    
                                                                                                    
HB 549                                                                                            
The following was read the second time:                                                             
                                                                                                    

2004-04-15                     House Journal                      Page 3338
    HOUSE BILL NO. 549                                                                              
    "An Act relating to unsolicited communications following an                                     
    aircraft accident; and amending Rule 503, Alaska Rules of                                       
    Evidence."                                                                                      
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 JUD RPT CS(JUD) NT 4DP 1NR 1AM                                    3252                             
 FN1: ZERO(CRT)                                                    3252                             
 FN2: ZERO(LAW)                                                    3252                             
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    CS FOR HOUSE BILL NO. 549(JUD)                                                                  
    "An Act relating to unsolicited communications following an                                     
    aircraft accident."                                                                             
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Foster moved and asked unanimous consent that                                        
CSHB 549(JUD) be considered engrossed, advanced to third reading,                                   
and placed on final passage.                                                                        
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
CSHB 549(JUD) will advance to third reading on the April 19, 2004,                                  
calendar.                                                                                           
                                                                                                    
                      THIRD READING OF HOUSE BILLS                                               
                                                                                                    
HB 273                                                                                            
The following, which was advanced to third reading from the April 14,                               
2004, calendar, (page 3314), was read the third time:                                               
                                                                                                    
    CS FOR SPONSOR SUBSTITUTE HOUSE BILL NO. 273(JUD)                                               
    am                                                                                              
    "An Act relating to the right of a parent to waive an                                           
    unemancipated child's claim of negligence against a provider of                                 
    sports or recreational activities."                                                             
                                                                                                    

2004-04-15                     House Journal                      Page 3339
Representative McGuire moved and asked unanimous consent that                                       
CSSSHB 273(JUD) am be returned to second reading for the specific                                   
purpose of considering Amendment No. 3.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    
Amendment No. 3 was offered  by Representatives Croft and McGuire:                                   
                                                                                                    
Page 3, lines 7 - 8:                                                                                
 Delete all material and insert:                                                                    
           "(E) for a child not living with the child's natural or                                  
         adoptive parent, the child's grandparent, aunt, uncle, sister, or                          
         brother who have reached the age of majority and with whom                                 
         the child lives;"                                                                          
                                                                                                    
Representative McGuire moved and asked unanimous consent that                                       
Amendment No. 3 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
                                                                                                    
The question being:  "Shall CSSSHB 273(JUD) am pass the House?"                                     
The roll was taken with the following result:                                                       
                                                                                                    
CSSSHB 273(JUD) am                                                                                  
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  33   NAYS:  1   EXCUSED:  5   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Joule, Kerttula, Kohring, Kookesh, Masek,                                     
McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                             
Stepovich, Stoltze, Williams, Wolf                                                                  
                                                                                                    
Nays:  Lynn                                                                                         
                                                                                                    
Excused:  Croft, Kapsner, Kott, Weyhrauch, Wilson                                                   
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, CSSSHB 273(JUD) am passed the House and was referred to                                     
the Chief Clerk for engrossment.                                                                    
                                                                                                    

2004-04-15                     House Journal                      Page 3340
                         LEGISLATIVE CITATIONS                                                   
                                                                                                    
Representative Foster 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 - D. Scott Batchelder                                                                      
By Representatives Stoltze, Masek, Dahlstrom, Kott, Anderson,                                       
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Fate, Gara,                                  
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                  
Kapsner, Kerttula, Kohring, Lynn, McGuire, Meyer, Ogg, Rokeberg,                                    
Samuels, Seaton, Stepovich, Weyhrauch, Williams, Wolf; Senators                                     
Dyson, Ogan                                                                                         
                                                                                                    
                      CONCUR IN SENATE AMENDMENTS                                                
                                                                                                    
HB 357                                                                                            
Representative Foster moved and asked unanimous consent that the                                    
House consider the Senate message (page 3326) on the following at                                   
this time:                                                                                          
                                                                                                    
    CS FOR HOUSE BILL NO. 357(JUD)                                                                  
    "An Act relating to restitution; and providing for an effective                                 
    date."                                                                                          
                                                                                                    
and                                                                                                 
                                                                                                    
    SENATE CS FOR CS FOR HOUSE BILL NO. 357(JUD)                                                    
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Foster moved and asked unanimous consent to                                          
withdraw the previous motion.                                                                       
                                                                                                    
Representative Samuels objected and withdrew the objection.  There                                  
being no further objection, the previous motion was withdrawn.                                      
                                                                                                    
CSHB 357(JUD) is under Unfinished Business.                                                         
                                                                                                    

2004-04-15                     House Journal                      Page 3341
                          UNFINISHED BUSINESS                                                    
                                                                                                    
Representative Foster 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 Kapsner - from 7:00 a.m., April 15 to 5:00 p.m., plane                               
time, April 19, 2004 (amended from page 3301)                                                       
                                                                                                    
Representative Heinze - from noon, April 15 to 9:00 p.m., plane time,                               
April 18, 2004 (amended from page 3321)                                                             
                                                                                                    
Representative Stepovich - from 7:00 p.m., April 15 to 10:00 a.m.,                                  
plane time, April 19, 2004                                                                          
                                                                                                    
                      CONCUR IN SENATE AMENDMENTS                                                
                                                                                                    
HB 357                                                                                            
Representative Foster moved and asked unanimous consent that the                                    
House consider the Senate message (page 3326) on the following at                                   
this time:                                                                                          
                                                                                                    
    CS FOR HOUSE BILL NO. 357(JUD)                                                                  
    "An Act relating to restitution; and providing for an effective                                 
    date."                                                                                          
                                                                                                    
and                                                                                                 
                                                                                                    
    SENATE CS FOR CS FOR HOUSE BILL NO. 357(JUD)                                                    
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Foster moved that the House concur in the Senate                                     
amendment to CSHB 357(JUD), thus adopting SCS CSHB 357(JUD),                                        
and recommended that the members vote yes.                                                          
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 357(JUD)?"  The roll was taken with the                                           
following result:                                                                                   

2004-04-15                     House Journal                      Page 3342
                                                                                                    
SCS CSHB 357(JUD)                                                                                   
Concur                                                                                              
                                                                                                    
YEAS:  28   NAYS:  0   EXCUSED:  5   ABSENT:  7                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Coghill, Dahlstrom, Fate, Foster, Gara,                                 
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                  
Kerttula, Kohring, Kookesh, Lynn, McGuire, Meyer, Morgan,                                           
Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Wolf                                                 
                                                                                                    
Excused:  Croft, Kapsner, Kott, Weyhrauch, Wilson                                                   
                                                                                                    
Absent:  Anderson, Cissna, Crawford, Masek, Moses, Ogg, Williams                                    
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 357(JUD).                                                                                  
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
SCS CSHB 357(JUD) was referred to the Chief Clerk for enrollment.                                   
                                                                                                    
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HB 275                                                                                            
Representative Crawford was shown as first cosponsor to:                                            
                                                                                                    
    HOUSE BILL NO. 275                                                                              
    "An Act relating to veterinarians and animals."                                                 
                                                                                                    
The sponsors are Representatives Chenault, Crawford, Gruenberg,                                     
Heinze, Foster, Seaton, Masek, Kerttula, McGuire, Stoltze, Meyer, and                               
Kott.                                                                                               
                                                                                                    
                                                                                                    
HB 333                                                                                            
Representative Fate added his name as cosponsor to:                                                 
                                                                                                    

2004-04-15                     House Journal                      Page 3343
    HOUSE BILL NO. 333                                                                              
    "An Act relating to an endowment for public education; and                                      
    providing for an effective date."                                                               
                                                                                                    
HB 334                                                                                            
Representatives Gruenberg and Wolf added their names as cosponsors                                  
to:                                                                                                 
                                                                                                    
    HOUSE BILL NO. 334                                                                              
    "An Act relating to unlawful exploitation of a minor."                                          
                                                                                                    
                                                                                                    
HB 430                                                                                            
Representatives Lynn and Wolf added their names as cosponsors to:                                   
                                                                                                    
    HOUSE BILL NO. 430                                                                              
    "An Act relating to employees under 21 years of age in the                                      
    premises of hotels, restaurants, and eating places that are licensed                            
    to sell, serve, deliver, or dispense alcoholic beverages."                                      
                                                                                                    
                                                                                                    
HB 512                                                                                            
Representative Foster added his name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 512                                                                              
    "An Act establishing the Hydrogen Energy Partnership in the                                     
    Department of Community and Economic Development; requiring                                     
    the commissioner of community and economic development to                                       
    seek public and private funding for the partnership; providing for                              
    the contingent repeal of an effective date; and providing for an                                
    effective date."                                                                                
                                                                                                    
                                                                                                    
SB 309                                                                                            
Representative Holm added his name as cross sponsor to:                                             
                                                                                                    
    CS FOR SENATE BILL NO. 309(JUD) am                                                              
    "An Act relating to testing the blood of prisoners and those in                                 
    custody for bloodborne pathogens."                                                              
                                                                                                    

2004-04-15                     House Journal                      Page 3344
                              ENGROSSMENT                                                        
                                                                                                    
HB 273                                                                                            
CSSSHB 273(JUD) am was engrossed, signed by the Speaker and                                         
Chief Clerk and transmitted to the Senate for consideration.                                        
                                                                                                    
HB 430                                                                                            
HB 430 was engrossed, signed by the Speaker and Chief Clerk and                                     
transmitted to the Senate for consideration.                                                        
                                                                                                    
HB 438                                                                                            
CSHB 438(JUD) am was engrossed, signed by the Speaker and Chief                                     
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
SB 301                                                                                            
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 with a Legislative letter of                            
intent and a House letter of intent:                                                                
                                                                                                    
           HOUSE CS FOR CS FOR SENATE BILL NO. 301(FIN) am H                                       
    "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."                                                           
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
The following meetings today have been changed as indicated:                                        
                                                                                                    
House Special Committee on Education                                                                
CHANGED TO:                                             12:15 p.m., 4/15                            
                                                                                                    
House Special Committee on Oil & Gas                                                                
CANCELED:                                                3:15 p.m., 4/15                            

2004-04-15                     House Journal                      Page 3345
                              ADJOURNMENT                                                        
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
House adjourn until 11:00 a.m., April 19, 2004.  There being no                                     
objection, the House adjourned at 11:55 a.m.                                                        
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk