Legislature(2003 - 2004)

2003-02-05 House Journal

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                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
               TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                         
                                                                                                    
Juneau, Alaska                 Wednesday             February 5, 2003                             
                                                                                                    
                             Sixteenth Day                                                     
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 10:08 a.m.                                                                                  
                                                                                                    
Roll call showed 37 members present.  Representatives Joule and                                     
Kookesh had been previously excused from a call of the House today.                                 
Representative Moses was absent.                                                                    
                                                                                                    
                                                                                                    
The invocation was offered by the Chaplain, The Reverend Ron                                        
Covey of the Douglas Community United Methodist Church.                                             
Representative Fate moved and asked unanimous consent that the                                      
invocation be spread on the journal.  There being no objection, it was                              
so ordered.                                                                                         
                                                                                                    
    Mr. Speaker, Honorable Representatives, members of the                                          
    staff, distinguished guests and visitors:  Alaskans enjoy a rich                                
    diversity of religious beliefs and spirituality, and it is with                                 
  deepest respect for all that this prayer is offered.  Let us pray.                               
                                                                                                    
                                                                                                    
    Creator Spirit,                                                                                 
                                                                                                    
    We are surrounded by Your creation.  We hear the sounds of                                      
    Your creation:  the song of the humpback whale, the roar of                                     
    the mighty bear, the bark of the sea lion, and the cry of eagle                                 
    and raven.  We also hear the sounds of Your people:  the                                        
    people who live in beautiful houses, the people who live on                                     
    the street, the people in the villages, the people in the cities,                               
    and the people who live by the sea.  Grant that we might not                                    

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    only hear their voices, but listen--listen--listen.  Then, when                                 
    we have truly heard all of these speak, guide us as we weigh                                    
    our thoughts, weigh our words, weigh our actions, and cast                                      
    our votes.  Amen.                                                                               
                                                                                                    
                                                                                                    
The Pledge of Allegiance was led by Representative Crawford.                                        
                                                                                                    
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 14th and 15th legislative days be approved as certified                             
by the Chief Clerk.  There being no objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
                       MESSAGES FROM THE SENATE                                                  
                                                                                                    
HCR 4                                                                                             
A message dated February 3, 2003, was read stating the Senate has                                   
passed:                                                                                             
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 4(title am)                                                     
    Authorizing a recess by the Senate and the House of                                             
    Representatives for a period of more than three days, those days                                
    being April 18, 19, 20, and 21 of 2003.                                                         
                                                                                                    
HCR 4(title am) was referred to the Chief Clerk for enrollment.                                     
                                                                                                    
                                                                                                    
                            COMMUNICATIONS                                                       
                                                                                                    
The following were received:                                                                        
                                                                                                    
Dept. of Transportation & Public Facilities                                                         
Office of the Commissioner                                                                          
FY 2004 Spending Plan for the International                                                         
Airport Revenue Bond Construction Fund                                                              
(as required by AS 37.15.420)                                                                       
                                                                                                    

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Dept. of Transportation & Public Facilities                                                         
Alaska Marine Highway System Fund                                                                   
Annual Financial Report                                                                             
Fiscal Year Ended June 30, 2002                                                                     
(as required by AS 19.65.070)                                                                       
                                                                                                    
                                                                                                    
Alaska Court System                                                                                 
Travel and Compensation Report                                                                      
Calendar Year 2002                                                                                  
(as required by AS 22.20.037)                                                                       
                                                                                                    
Alaska Judicial Council                                                                             
Recommendations of the Alaska                                                                       
Criminal Justice Council                                                                            
January 2003                                                                                        
                                                                                                    
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
A report dated February 4, 2003, was read stating the Rules                                         
Committee adopted the following amendment to the Longevity Policy                                   
of the Senate/House Employment Policy [Senate & House Joint                                         
Journal Supplement No. 17, dated March 22, 1988; and adopted                                        
March 22, 1988, House Journal page 2670]:                                                           
                                                                                                    
                                                                                                    
Step A - No prior legislative experience.                                                           
Step B - Two legislative sessions of at least 100 days each, or one                                 
            full year with the legislature at a comparable or higher                                
            level.                                                                                  
Step C - Four legislative sessions of at least 100 days each, or one                                
            full year with the legislature at a comparable or higher                                
            level.                                                                                  
Step D - Six legislative sessions of at least 100 days each, or one                                 
            full year with the legislature at a comparable or higher                                
            level.                                                                                  
Step E - Eight legislative sessions of at least 100 days each, or one                               
            full year with the legislature at a comparable or higher                                
            level.                                                                                  

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Step F - Ten legislative sessions of at least 100 days each, or one                                 
            full year with the legislature at comparable or higher level.                           
Step J - Fourteen legislative sessions of at least 100 days each, or                                
            two full years with the legislature at a comparable or                                  
            higher level.                                                                           
Step K - Eighteen legislative sessions of at least 100 days each, or                                
            two full years with the legislature at a comparable or                                  
            higher level.                                                                           
Step L - Twenty-eight legislative sessions of at least 100 days each,                               
            or five full years with the legislature at a comparable or                              
            higher level.                                                                           
Step M - Thirty-six legislative sessions of at least 100 days each, or                              
            four full years with the legislature at a comparable or                                 
            higher level.                                                                           
                                                                                                    
The new Longevity Policy takes effect January 16, 2003.                                             
                                                                                                    
The report was signed by Representative Rokeberg, Chair; and                                        
Representatives Coghill, Kott, Chenault, Morgan, Berkowitz, Kerttula.                               
                                                                                                    
                                                                                                    
The State Affairs Committee has reviewed the qualifications of the                                  
following and recommends the appointment be forwarded to a joint                                    
session for consideration:                                                                          
                                                                                                    
                       Colonel Craig E. Campbell                                                   
                                                                                                    
as Commissioner of the Department of Military & Veterans' Affairs.                                  
                                                                                                    
The report was signed by Representative Weyhrauch, Chair; and                                       
Representatives Holm, Lynn, Dahlstrom, Berkowitz, Seaton,                                           
Gruenberg.                                                                                          
                                                                                                    
                                                                                                    
HB 45                                                                                             
The State Affairs Committee has considered:                                                         
                                                                                                    
    HOUSE BILL NO. 45                                                                               
    "An Act adding a second verse to the official Alaska state song."                               
                                                                                                    

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The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Berkowitz, Gruenberg, Seaton, Weyhrauch                                               
                                                                                                    
No recommendation (3):  Holm, Lynn, Dahlstrom                                                       
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, University of Alaska                                                                      
                                                                                                    
HB 45 is on today's calendar.                                                                       
                                                                                                    
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
HCR 2                                                                                             
The House Special Committee on Military & Veterans' Affairs has                                     
considered:                                                                                         
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 2                                                               
    Relating to the extension of the Alaska Railroad to Fort Greely to                              
    serve the anti-ballistic missile launch facility.                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE CONCURRENT RESOLUTION NO. 2(MLV)                                                   
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Lynn, Chair, with the                                       
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Dahlstrom, Fate, Gruenberg, Masek, Weyhrauch, Lynn                                    
                                                                                                    
The following fiscal note(s) apply to CSHCR 2(MLV):                                                 
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
HCR 2 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           

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              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                         OF HOUSE RESOLUTIONS                                                    
                                                                                                    
HJR 10                                                                                            
HOUSE JOINT RESOLUTION NO. 10 by Representatives McGuire                                            
and Holm:                                                                                           
                                                                                                    
    Requesting the United States Congress to support the speedy                                     
    deployment of a national missile defense system.                                                
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Military & Veterans' Affairs.                                                                       
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                            OF HOUSE BILLS                                                       
                                                                                                    
HB 72                                                                                             
HOUSE BILL NO. 72 by Representative Guttenberg, entitled:                                           
                                                                                                    
    "An Act relating to the qualifications and appointment of                                       
    members of the Board of Regents of the University of Alaska; and                                
    providing for an effective date."                                                               
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Education and the Health, Education & Social Services Committee.                                    
                                                                                                    
HB 73                                                                                             
HOUSE BILL NO. 73 by Representatives Dahlstrom, Stoltze, and                                        
Wilson, entitled:                                                                                   
                                                                                                    
    "An Act extending the termination date of the State Medical                                     
    Board."                                                                                         
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    
HB 74                                                                                             
HOUSE BILL NO. 74 by Representatives Dahlstrom, Stoltze, and                                        
Wilson, entitled:                                                                                   
                                                                                                    

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    "An Act extending the termination date of the Board of Nursing."                                
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    
HOUSE BILL NOS. 75 AND 76 have been preassigned to the                                              
Governor's budget bills.                                                                            
                                                                                                    
                                                                                                    
HB 77                                                                                             
HOUSE BILL NO. 77 by Representative Lynn, entitled:                                                 
                                                                                                    
    "An Act allowing certain motor vehicles to be operated while                                    
    unattended."                                                                                    
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
HB 78                                                                                             
HOUSE BILL NO. 78 by Representatives Kerttula, Berkowitz,                                           
Guttenberg, Croft, Gruenberg, and Crawford, entitled:                                               
                                                                                                    
    "An Act relating to adoption and use of a unified permit                                        
    application form by the natural resource agencies; and repealing                                
    the Environmental Procedures Coordination Act."                                                 
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
HB 79                                                                                             
HOUSE BILL NO. 79 by the House Community & Regional Affairs                                         
Committee, entitled:                                                                                
                                                                                                    
    "An Act extending the termination date of the Alaska regional                                   
    economic assistance program; and providing for an effective                                     
    date."                                                                                          
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs and Finance Committees.                                                                     
                                                                                                    

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HB 80                                                                                             
HOUSE BILL NO. 80 by Representatives Kapsner, Fate, and Lynn,                                       
entitled:                                                                                           
                                                                                                    
    "An Act prohibiting sales of certain soft drinks in public schools."                            
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Health, Education & Social Services Committees.                                                     
                                                                                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 45                                                                                             
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 45                                                                               
    "An Act adding a second verse to the official Alaska state song."                               
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 CRA RPT 6DP                                                         99                             
 FN1: ZERO(UA)                                                      100                             
 STA RPT 4DP 3NR                                                    128                             
 FN1: ZERO(UA)                                                      129                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
HB 45 be considered engrossed, advanced to third reading, and placed                                
on final passage.                                                                                   
                                                                                                    
                                                                                                    
Representative Gatto objected and withdrew the objection.                                           
                                                                                                    
There being no further objection, it was so ordered.                                                
                                                                                                    
HB 45 was read the third time.                                                                      
                                                                                                    
The question being:  "Shall HB 45 pass the House?"  The roll was                                    
taken with the following result:                                                                    

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HB 45                                                                                               
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  29   NAYS:  7   EXCUSED:  2   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Fate, Foster, Gara, Gruenberg, Guttenberg, Harris, Hawker,                                   
Heinze, Kapsner, Kerttula, Kott, McGuire, Morgan, Rokeberg,                                         
Samuels, Seaton, Stevens, Weyhrauch, Whitaker, Williams, Wilson,                                    
Wolf                                                                                                
                                                                                                    
Nays:  Dahlstrom, Gatto, Holm, Kohring, Lynn, Masek, Stoltze                                        
                                                                                                    
Excused:  Joule, Kookesh                                                                            
                                                                                                    
Absent:  Meyer, Moses                                                                               
                                                                                                    
And so, HB 45 passed the House.                                                                     
                                                                                                    
Representative Meyer later gave notice of reconsideration of the vote                               
on HB 45, and the reconsideration was taken up then.                                                
                                                                                                    
                                                                                                    
                               * * * * *                                                         
                                                                                                    
Representative Masek introduced Tyler Pannell, Guest Page, from                                     
Willow.                                                                                             
                                                                                                    
                                                                                                    
                            RECONSIDERATION                                                      
                                                                                                    
HB 45                                                                                             
Representative Meyer gave notice of reconsideration of the vote on                                  
HB 45.                                                                                              
                                                                                                    
Representative Meyer moved and asked unanimous consent that the                                     
reconsideration of HB 45 be taken up on the same day.  There being                                  
no objection, it was so ordered.                                                                    
                                                                                                    
The following was again before the House in third reading:                                          
                                                                                                    

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    HOUSE BILL NO. 45                                                                               
    "An Act adding a second verse to the official Alaska state song."                               
                                                                                                    
The question to be reconsidered:  "Shall HB 45 pass the House?"  The                                
roll was taken with the following result:                                                           
                                                                                                    
HB 45--RECONSIDERATION                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  29   NAYS:  7   EXCUSED:  2   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Fate,                                 
Foster, Gara, Gruenberg, Guttenberg, Harris, Hawker, Heinze,                                        
Kapsner, Kerttula, Kott, McGuire, Meyer, Morgan, Rokeberg,                                          
Samuels, Seaton, Stevens, Weyhrauch, Whitaker, Williams, Wilson,                                    
Wolf                                                                                                
                                                                                                    
Nays:  Dahlstrom, Gatto, Holm, Kohring, Lynn, Masek, Stoltze                                        
                                                                                                    
Excused:  Joule, Kookesh                                                                            
                                                                                                    
Absent:  Chenault, Moses                                                                            
                                                                                                    
And so, HB 45 passed the House on reconsideration and was referred                                  
to the Chief Clerk for engrossment.                                                                 
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following members be excused from a call of the House.  There being                                 
no objection, the members were excused as noted:                                                    
                                                                                                    
Representative Harris - from 7:00 p.m., February 6 to 11:00 p.m.,                                   
February 9, 2003                                                                                    
                                                                                                    
Representative Dahlstrom - from 6:00 p.m., February 7 to 9:30 a.m.,                                 
plane time, February 10, 2003                                                                       
                                                                                                    
Representative Gara - from 6:00 p.m., February 7 to 9:30 a.m., plane                                
time, February 10; and from 6:00 p.m., March 7 to 9:30 a.m., plane                                  
time, March 10, 2003                                                                                
                                                                                                    

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Representative Gatto - from 7:00 p.m., February 7 to 11:00 p.m., plane                              
time, February 9, 2003; and from 6:00 p.m., February 13 to                                          
11:00 p.m., plane time, February 16, 2003                                                           
                                                                                                    
Representative Chenault - from 6:00 p.m., February 14 to 9:00 a.m.,                                 
plane time, February 18, 2003                                                                       
                                                                                                    
HJR 7                                                                                             
Representatives Morgan and Holm added their names as cosponsors                                     
to:                                                                                                 
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 7                                                                    
    Relating to urging the United States Congress to amend the tax                                  
    code to permanently repeal the federal estate and generation-                                   
    skipping transfer tax.                                                                          
                                                                                                    
HB 45                                                                                             
Representatives Guttenberg, Croft, and Meyer added their names as                                   
cosponsors to:                                                                                      
                                                                                                    
    HOUSE BILL NO. 45                                                                               
    "An Act adding a second verse to the official Alaska state song."                               
                                                                                                    
                                                                                                    
HB 47                                                                                             
Representative Stevens added his name as cosponsor to:                                              
                                                                                                    
    HOUSE BILL NO. 47                                                                               
    "An Act prohibiting discrimination by credit rating or credit                                   
    scoring in certain insurance rates; and providing for an effective                              
    date."                                                                                          
                                                                                                    
HB 69                                                                                             
Representative Morgan added his name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 69                                                                               
    "An Act relating to regulation of shallow natural gas leasing and                               
    closely related energy projects; and providing for an effective                                 
    date."                                                                                          
                                                                                                    

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                              ENGROSSMENT                                                        
                                                                                                    
HB 45                                                                                             
HB 45 was engrossed, signed by the Speaker and Chief Clerk and                                      
transmitted to the Senate for consideration.                                                        
                                                                                                    
                                                                                                    
                              ENROLLMENT                                                         
                                                                                                    
HCR 4                                                                                             
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 3:40 p.m.,                                 
February 4, 2003:                                                                                   
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 4(title am)                                                     
    Authorizing a recess by the Senate and the House of                                             
    Representatives for a period of more than three days, those days                                
    being April 18, 19, 20, and 21 of 2003.                                                         
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:30 a.m., February 7, 2003.  There being no                                   
objection, the House adjourned at 11:18 a.m.                                                        
                                                                                                    
                                           Suzi Lowell                                              
                                           Chief Clerk