Legislature(2003 - 2004)

2003-02-12 House Journal

Full Journal pdf

2003-02-12                     House Journal                      Page 0179
                                                                                                    
                                HOUSE JOURNAL                                                    
                                                                                                    
                          ALASKA STATE LEGISLATURE                                               
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                      
                                                                                                    
Juneau, Alaska                   Wednesday              February 12, 2003                         
                                                                                                    
                              Twenty-third Day                                                 
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 10:05 a.m.                                                                                  
                                                                                                    
Roll call showed 38 members present.  Representative Croft had been                                 
previously excused from a call of the House until 11:00 a.m. today and                              
his presence was noted later.  Representative Joule had been                                        
previously excused from a call of the House until 4:00 p.m. today and                               
his presence was noted later.                                                                       
                                                                                                    
The invocation was offered by the Chaplain, Dr. Walter Soboleff,                                    
retired Presbyterian minister.  Representative Fate moved and asked                                 
unanimous consent that the invocation be spread on the journal.  There                              
being no objection, it was so ordered.                                                              
                                                                                                    
     All wise and powerful God, we humbly bow in prayer.  Unto                                      
     whom all hearts are open, all wishes known, and from whom                                      
     no secrets are hid.                                                                            
                                                                                                    
     Today we remember our 16th President, Abraham Lincoln,                                         
     born 194 years ago, whose learning included wisdom from                                        
     Your words in the Bible.  We offer thanks for leaders of our                                   
     state, nation, and the world.                                                                  
                                                                                                    
     May we remember that Thy Word reminds us that we are                                           
     Your temple.  Thou knowest the burden we each carry:                                           
     sorrows, loneliness, physical and mental pain; thus we                                         
     commit ourselves to Thee, the Great Physician of body, soul,                                   
     and spirit.                                                                                    
                                                                                                    

2003-02-12                     House Journal                      Page 0180
         As we desire to serve our constituents acceptably, we covet                               
        guidance and pray in the Name of the Prince of Peace.  Amen.                               
                                                                                                    
The Pledge of Allegiance was led by Representative Kapsner.                                         
                                                                                                    
                        CERTIFICATION OF THE JOURNAL                                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 21st and 22nd legislative days be approved as certified                             
by the Chief Clerk.  There being no objection, it was so ordered.                                   
                                                                                                    
                          MESSAGES FROM THE SENATE                                               
                                                                                                    
A message dated February 10, 2003, was read stating the Senate has                                  
passed the following and it is transmitted for consideration:                                       
                                                                                                    
                         FIRST READING AND REFERENCE                                             
                            OF SENATE RESOLUTIONS                                                
                                                                                                    
SJR 4                                                                                             
SENATE JOINT RESOLUTION NO. 4 by Senators Wagoner,                                                  
Therriault, Seekins, Bunde, Wilken, Dyson, Davis, Olson, Stevens,                                   
Hoffman, Cowdery, Green, French, Taylor, and Ogan:                                                  
                                                                                                    
     Urging the United States Congress to pass legislation to open the                              
     coastal plain of the Arctic National Wildlife Refuge, Alaska, to oil                           
     and gas exploration, development, and production.                                              
                                                                                                    
was read the first time and referred to the Resources Committee.                                    
                                                                                                    
                       REPORTS OF STANDING COMMITTEES                                            
                                                                                                    
HB 12                                                                                             
The Judiciary Committee has considered:                                                             
                                                                                                    
     HOUSE BILL NO. 12                                                                              
     "An Act relating to harassment."                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    

2003-02-12                     House Journal                      Page 0181
     CS FOR HOUSE BILL NO. 12(JUD)                                                                  
     "An Act relating to the crime of harassment committed by use of                                
     electronic communication."                                                                     
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Holm, Anderson, Gruenberg, Coghill, McGuire                                           
                                                                                                    
A House Judiciary Committee letter of intent for CSHB 12(JUD),                                      
signed by Representative McGuire, Chair, follows:                                                   
                                                                                                    
"It is the intent of the House Judiciary Committee that the term                                    
'electronic communication,' as it is used in AS 11.61.120(a), amended                               
by CSHB 12(JUD), means any transfer of signs, signals, writing,                                     
images, sounds, data, or intelligence of any nature transmitted in                                  
whole or in part by, but not limited to, the following forms of direct                              
communication:  electronic mail and text messages displayed by                                      
cellular, cordless, or digital telephones, or other electronic media.  It is                        
the intent of this committee to provide the most reasonable and                                     
common sense definition of 'electronic communication' as it pertains                                
to methods of harassment.  As computer technologies evolve,                                         
communication will advance as well.  By declining to limit and                                      
narrowly define methods of 'electronic communication,' this body is                                 
allowing for future methods of technology to be incorporated into the                               
definition."                                                                                        
                                                                                                    
The following fiscal note(s) apply to CSHB 12(JUD):                                                 
                                                                                                    
1.  Zero, Dept. of Law                                                                              
2.  Zero, Dept. of Public Safety                                                                    
3.  Indeterminate, Dept. of Administration                                                          
                                                                                                    
HB 12 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 52                                                                                             
The State Affairs Committee has considered:                                                         
                                                                                                    

2003-02-12                     House Journal                      Page 0182
     HOUSE BILL NO. 52                                                                              
     "An Act relating to the forfeiture of property used to possess or                              
     distribute child pornography, to commit indecent viewing or                                    
     photography, to commit a sex offense, or to solicit the commission                             
     of, attempt to commit, or conspire to commit possession or                                     
     distribution of child pornography, indecent viewing or                                         
     photography, or a sexual offense."                                                             
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Gruenberg, Seaton, Holm, Lynn, Dahlstrom, Weyhrauch                                   
                                                                                                    
Amend (1):  Berkowitz                                                                               
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Administration                                                                   
2.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
HB 52 was referred to the Judiciary Committee.                                                      
                                                                                                    
HB 71                                                                                             
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     HOUSE BILL NO. 71                                                                              
     "An Act extending the termination date of the Board of Certified                               
     Direct-Entry Midwives."                                                                        
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (7):  Lynn, Dahlstrom, Gatto, Crawford, Guttenberg,                                         
Rokeberg, Anderson                                                                                  
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1. Fiscal, Dept. of Community & Economic Development                                                
                                                                                                    
HB 71 was referred to the Finance Committee.                                                        
                                                                                                    

2003-02-12                     House Journal                      Page 0183
HB 73                                                                                             
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     HOUSE BILL NO. 73                                                                              
     "An Act extending the termination date of the State Medical                                    
     Board."                                                                                        
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Lynn, Gatto, Crawford, Guttenberg, Dahlstrom,                                         
Anderson                                                                                            
                                                                                                    
Amend (1):  Rokeberg                                                                                
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Community & Economic Development                                               
                                                                                                    
HB 73 was referred to the Finance Committee.                                                        
                                                                                                    
HB 74                                                                                             
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     HOUSE BILL NO. 74                                                                              
     "An Act extending the termination date of the Board of Nursing."                               
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Lynn, Gatto, Crawford, Guttenberg, Dahlstrom,                                         
Anderson                                                                                            
                                                                                                    
Amend (1):  Rokeberg                                                                                
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Community & Economic Development                                               
                                                                                                    
HB 74 was referred to the Finance Committee.                                                        
                                                                                                    

2003-02-12                     House Journal                      Page 0184
HB 79                                                                                             
The Community & Regional Affairs Committee has considered:                                          
                                                                                                    
     HOUSE BILL NO. 79                                                                              
     "An Act extending the termination date of the Alaska regional                                  
     economic assistance program; and providing for an effective                                    
     date."                                                                                         
                                                                                                    
The report was signed by Representative Morgan, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Kookesh, Wolf, Anderson, Morgan                                                       
                                                                                                    
No recommendation (2):  Samuels, Chenault                                                           
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Community & Economic Development                                               
                                                                                                    
HB 79 was referred to the Finance Committee.                                                        
                                                                                                    
                          INTRODUCTION OF CITATIONS                                              
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Great Land Trust, Fish Creek Land Acquisition                                            
By Representative Berkowitz                                                                         
                                                                                                    
Honoring - Mano Frey, Executive President of the Alaska AFL-CIO                                     
By Representative Harris                                                                            
                                                                                                    
Honoring - Bartlett High School Golden Bears Football Team                                          
By Senator Davis                                                                                    
                                                                                                    
Honoring - Women in History Month                                                                   
By Senator Davis                                                                                    
                                                                                                    
Honoring - Sharon Richards                                                                          
By Senator Davis                                                                                    

2003-02-12                     House Journal                      Page 0185
In Memoriam - Emitt L. Soldin                                                                       
By Representative Rokeberg                                                                          
                                                                                                    
In Memoriam - Alice E. Gross                                                                        
By Senator Taylor; Representative Wilson                                                            
                                                                                                    
In Memoriam - Bill H. Chenault                                                                      
By Senator Wagoner                                                                                  
                                                                                                    
The following citation was introduced and taken up later as a Special                               
Order of Business:                                                                                  
                                                                                                    
Honoring - Alaska Heart Institute and Providence Hospital Cardiac                                   
Care Unit                                                                                           
By Senator Ogan                                                                                     
                                                                                                    
                 INTRODUCTION, FIRST READING, AND REFERENCE                                      
                               OF HOUSE BILLS                                                    
                                                                                                    
HB 35                                                                                             
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 35 by                                                         
Representatives Stevens and Whitaker, entitled:                                                     
                                                                                                    
     "An Act relating to the state alcoholic beverage tax for certain                               
     small domestic wine producers."                                                                
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    
HB 91                                                                                             
HOUSE BILL NO. 91 by Representatives Anderson and Gara,                                             
entitled:                                                                                           
                                                                                                    
     "An Act relating to a cost-of-living allowance and medical                                     
     benefits for retired peace officers after 20 years of credited                                 
     service."                                                                                      
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    

2003-02-12                     House Journal                      Page 0186
HB 92                                                                                             
HOUSE BILL NO. 92 by Representatives Lynn, Wilson, Holm, Wolf,                                      
Kookesh, Stevens, and Heinze, entitled:                                                             
                                                                                                    
     "An Act relating to reports by members of the clergy and                                       
     custodians of clerical records who have reasonable cause to                                    
     suspect that a child has suffered harm as a result of child abuse or                           
     neglect."                                                                                      
                                                                                                    
was read the first time and referred to the State Affairs and Health,                               
Education & Social Services Committees.                                                             
                                                                                                    
                                                                                                    
HB 93                                                                                             
HOUSE BILL NO. 93 by Representative Weyhrauch, entitled:                                            
                                                                                                    
     "An Act relating to boating safety; repealing secs. 3, 5, 7, 9, 11,                            
     14, 16, 18, 20, 23, 26, 27, and 30, ch. 28, SLA 2000; and                                      
     providing for an effective date."                                                              
                                                                                                    
was read the first time and referred to the Transportation and State                                
Affairs Committees.                                                                                 
                                                                                                    
                                                                                                    
HB 94                                                                                             
HOUSE BILL NO. 94 by the House Transportation Committee by                                          
request, entitled:                                                                                  
                                                                                                    
     "An Act exempting flight crew members of certain air carriers                                  
     from overtime pay requirements."                                                               
                                                                                                    
was read the first time and referred to the Labor & Commerce                                        
Committee.                                                                                          
                                                                                                    
HB 95                                                                                             
HOUSE BILL NO. 95 by the House Special Committee on Economic                                        
Development, International Trade, & Tourism, entitled:                                              
                                                                                                    
        "An Act relating to permits for aquatic farming of geoducks."                              
                                                                                                    

2003-02-12                     House Journal                      Page 0187
was read the first time and referred to the House Special Committee on                              
Economic Development, International Trade, and Tourism, the House                                   
Special Committee on Fisheries, and the Finance Committee.                                          
                                                                                                    
                                                                                                    
HB 96                                                                                             
HOUSE BILL NO. 96 by Representative Stevens, entitled:                                              
                                                                                                    
     "An Act naming the Sven Haakanson, Sr. Airport at Old Harbor."                                 
                                                                                                    
was read the first time and referred to the Transportation Committee.                               
                                                                                                    
                                                                                                    
                     CONSIDERATION OF THE DAILY CALENDAR                                         
                                                                                                    
                        SECOND READING OF HOUSE BILLS                                            
                                                                                                    
HB 58                                                                                             
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 58                                                                              
     "An Act relating to the reinstatement of Native corporations; and                              
     providing for an effective date."                                                              
                                                                                                    
with the:                                                      Journal Page                         
                                                                                                    
 CRA RPT 6DP                                                             100                        
 FN1: ZERO(CED)                                                          100                        
 L&C RPT 7DP                                                             167                        
 FN1: ZERO(CED)                                                          167                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
HB 58 be considered engrossed, advanced to third reading, and placed                                
on final passage.  There being no objection, it was so ordered.                                     
                                                                                                    
HB 58 was read the third time.                                                                      
                                                                                                    
                                                                                                    
The question being:  "Shall HB 58 pass the House?"  The roll was                                    
taken with the following result:                                                                    

2003-02-12                     House Journal                      Page 0188
                                                                                                    
HB 58                                                                                               
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Kerttula, Kohring, Kookesh, Kott, Lynn,                                       
Masek, McGuire, Meyer, Morgan, Moses, Rokeberg, Samuels, Seaton,                                    
Stevens, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf                                       
                                                                                                    
Excused:  Croft, Joule                                                                              
                                                                                                    
Absent:  Kapsner                                                                                    
                                                                                                    
And so, HB 58 passed the House.                                                                     
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
HB 58 was referred to the Chief Clerk for engrossment.                                              
                                                                                                    
                                                                                                    
**The presence of Representative Croft was noted.                                                   
                                                                                                    
                                                                                                    
HB 68                                                                                             
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 68                                                                              
     "An Act relating to the office of victims' rights."                                            
                                                                                                    
with the:                                                      Journal Page                         
                                                                                                    
 JUD RPT CS(JUD) NT 7DP                                                  146                        
 FN1: ZERO(LEG)                                                          146                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    

2003-02-12                     House Journal                      Page 0189
     CS FOR HOUSE BILL NO. 68(JUD)                                                                  
     "An Act relating to the jurisdiction of the office of victims' rights."                        
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 68(JUD) be considered engrossed, advanced to third reading,                                    
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 68(JUD) was read the third time.                                                               
                                                                                                    
The question being:  "Shall CSHB 68(JUD) pass the House?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CSHB 68(JUD)                                                                                        
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kookesh,                                  
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels,                                       
Seaton, Stevens, Stoltze, Weyhrauch, Whitaker, Williams, Wilson,                                    
Wolf                                                                                                
                                                                                                    
Excused:  Joule                                                                                     
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, CSHB 68(JUD) passed the House and was referred to the                                       
Chief Clerk for engrossment.                                                                        
                                                                                                    
                                                                                                    
                        THIRD READING OF HOUSE BILLS                                             
                                                                                                    
HB 69                                                                                             
The following, which was advanced to third reading from the                                         
February 10, 2003, calendar (page 170), was read the third time:                                    
                                                                                                    

2003-02-12                     House Journal                      Page 0190
     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."                                                                                         
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
HB 69 be returned to second reading for the specific purpose of                                     
considering Amendment No. 1.                                                                        
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
Representative Kerttula moved and asked unanimous consent to                                        
withdraw her motion.  There being no objection, it was so ordered.                                  
                                                                                                    
Amendment No. 1 and Amendment No. 2 were not offered.                                               
                                                                                                    
Representative Croft moved and asked unanimous consent that HB 69                                   
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 Representative Croft:                                                
                                                                                                    
Page 1, line 4, following "*Section 1.":                                                          
 Insert "The uncodified law of the State of Alaska is amended by                                    
adding a new section to read:                                                                       
 LEGISLATIVE INTENT.  It is the intent of the legislature that                                      
  (1) The Alaska Oil and Gas Conservation Commission adopt                                          
regulations that address the oversight, under AS 31.05, of shallow                                  
natural gas or coal bed methane exploration and development                                         
activities on leases authorized by AS 38.05.177 or by other law; the                                
commissions' regulations must be reasonable and appropriate to the                                  
recovery of the gas described in AS 38.05.177(a); and                                               
  (2) the provisions of sec. 3 of this Act apply to allow for a                                     
temporary accommodation for the treatment of shallow natural gas                                    
exploration and development activities during the time necessary to                                 
propose and adopt those regulations.                                                                
   * Sec. 2.  AS 31.05.030(f) is amended to read:                                                 
  (f) The commission                                                                                
           (1) shall adopt regulations to oversee shallow                                       
         natural gas exploration and development activities; the                                

2003-02-12                     House Journal                      Page 0191
         regulations must be reasonable and appropriate to the                                  
             recovery of the gas described in AS 38.05.177; and                                
           (2) may classify wells as oil or gas wells for purposes                              
         material to the interpretation or enforcement of this chapter.                             
   * Sec. 3"                                                                                      
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Kohring objected.                                                                    
                                                                                                    
                                                                                                    
The Speaker stated that, without objection, the House would recess                                  
until noon; and so, the House recessed at 11:36 a.m.                                                
                                                                                                    
                                                                                                    
                                AFTER RECESS                                                     
                                                                                                    
The Speaker called the House back to order at 12:07 p.m.                                            
                                                                                                    
**The presence of Representative Joule was noted.                                                   
                                                                                                    
                                                                                                    
                        THIRD READING OF HOUSE BILLS                                             
                                 (Continued)                                                       
                                                                                                    
HB 69                                                                                             
HB 69 was before the House with Amendment No. 3 moved and                                           
pending.                                                                                            
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HB 69                                                                                               
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  10   NAYS:  28   EXCUSED:  0   ABSENT:  2                                                  
                                                                                                    
                                                                                                    

2003-02-12                     House Journal                      Page 0192
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Joule, Kapsner, Kerttula                                                                
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek,                                           
McGuire, Meyer, Morgan, Rokeberg, Samuels, Seaton, Stevens,                                         
Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf                                                
                                                                                                    
Absent:  Kookesh, Moses                                                                             
                                                                                                    
And so, Amendment No. 3 was not adopted.                                                            
                                                                                                    
HB 69 was read again.                                                                               
                                                                                                    
                                                                                                    
The question being:  "Shall HB 69 pass the House?"  The roll was                                    
taken with the following result:                                                                    
                                                                                                    
HB 69                                                                                               
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring,                                    
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels,                                       
Seaton, Stevens, Stoltze, Weyhrauch, Whitaker, Williams, Wilson,                                    
Wolf                                                                                                
                                                                                                    
Absent:  Kookesh, Moses                                                                             
                                                                                                    
And so, HB 69 passed the House.                                                                     
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
                                                                                                    
Representative Kohring gave notice of reconsideration of the vote on                                
HB 69.                                                                                              

2003-02-12                     House Journal                      Page 0193
                               RECONSIDERATION                                                   
                                                                                                    
HB 69                                                                                             
Representative Kohring moved and asked unanimous consent that the                                   
reconsideration of HB 69 be taken up on the same day.  There being                                  
no objection, it was so ordered.                                                                    
                                                                                                    
HB 69 was again before the House in third reading.                                                  
                                                                                                    
The question to be reconsidered:  "Shall HB 69 pass the House?"  The                                
roll was taken with the following result:                                                           
                                                                                                    
HB 69--RECONSIDERATION                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  0   ABSENT:  3                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring,                                    
Kott, Lynn, Masek, McGuire, Meyer, Rokeberg, Samuels, Seaton,                                       
Stevens, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf                                       
                                                                                                    
Absent:  Kookesh, Morgan, Moses                                                                     
                                                                                                    
And so, HB 69 passed the House on reconsideration.                                                  
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
HB 69 was referred to the Chief Clerk for engrossment.                                              
                                                                                                    
                                                                                                    
                            LEGISLATIVE CITATIONS                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citations on the calendar.  There being no                                        
objection, the following citations were approved and sent to enrolling:                             
                                                                                                    

2003-02-12                     House Journal                      Page 0194
Honoring - Ross Baker, Outstanding Acts of Individual Heroism                                       
By Representatives Harris, Kott, Anderson, Berkowitz, Chenault,                                     
Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg,                                  
Guttenberg, Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring,                                       
Kookesh, Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels,                                          
Seaton, Stevens, Stoltze, Weyhrauch, Williams, Wolf                                                 
                                                                                                    
In Memoriam - Jeannette Sachs Ballard                                                               
By Senator Taylor; Representatives, Kott, Anderson, Berkowitz,                                      
Chenault, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto,                                 
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner,                                       
Kerttula, Kookesh, Masek, McGuire, Meyer, Morgan, Rokeberg,                                         
Samuels, Seaton, Stevens, Stoltze, Williams, Wilson, Wolf                                           
                                                                                                    
In Memoriam - Nina von Imhof                                                                        
By Senator Bunde; Representatives Hawker, Kott, Anderson,                                           
Berkowitz, Chenault, Coghill, Crawford, Croft, Dahlstrom, Fate,                                     
Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Heinze, Holm,                                   
Kapsner, Kerttula, Kookesh, Masek, McGuire, Meyer, Morgan,                                          
Rokeberg, Samuels, Seaton, Stevens, Stoltze, Williams, Wolf                                         
                                                                                                    
                                  * * * * *                                                      
                                                                                                    
The Speaker stated that, without objection, the House would revert to                               
Messages from the Governor.                                                                         
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The question being:  "Shall the House revert to Messages from the                                   
Governor?"  The roll was taken with the following result:                                           
                                                                                                    
Revert to Messages from the Governor                                                                
                                                                                                    
YEAS:  25   NAYS:  8   EXCUSED:  0   ABSENT:  7                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek,                                           
Rokeberg, Samuels, Seaton, Stevens, Stoltze, Weyhrauch, Whitaker,                                   
Williams, Wilson, Wolf                                                                              
                                                                                                    
Nays:  Berkowitz, Crawford, Croft, Gara, Guttenberg, Joule, Kapsner,                                
Kerttula                                                                                            
                                                                                                    

2003-02-12                     House Journal                      Page 0195
Absent:  Cissna, Gruenberg, Kookesh, McGuire, Meyer, Morgan,                                        
Moses                                                                                               
                                                                                                    
And so, lacking the necessary 27 votes, the motion failed.                                          
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
the House revert to Introduction of Guests.  There being no objection,                              
it was so ordered.                                                                                  
                                                                                                    
The Speaker indicated that Messages from the Governor were in order.                                
                                                                                                    
                         MESSAGES FROM THE GOVERNOR                                              
                                                                                                    
                              EXECUTIVE ORDERS                                                   
                                                                                                    
EO 106                                                                                            
EXECUTIVE ORDER NO. 106:                                                                            
                                                                                                    
     Transferring the Alaska Coastal Policy Council from the Office of                              
     the Governor to the Department of Natural Resources.                                           
                                                                                                    
was read the first time.                                                                            
                                                                                                    
The Governor's transmittal letter dated February 10, 2003, follows:                                 
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Under the authority of art. III, sec. 23, of the Alaska Constitution, I am                          
transmitting an Executive Order transferring the Alaska Coastal Policy                              
Council and the functions of the office of coastal management to the                                
Department of Natural Resources.                                                                    
                                                                                                    
The Alaska Coastal Policy Council (CPC) develops and oversees the                                   
Alaska coastal management program (ACMP).  The office of coastal                                    
management (office) is the lead agency for coordinating the ACMP                                    
and serves as staff to the CPC.  The office is currently part of the                                
office of management and budget and is known administratively as the                                
division of governmental coordination.  Both the office and the CPC                                 
are located in the Office of the Governor.                                                          
                                                                                                    

2003-02-12                     House Journal                      Page 0196
I believe that in the interest of efficient administration, it is appropriate                       
to relocate the CPC and the functions of the office to the Department                               
of Natural Resources.  My intent is to establish a project office that                              
will coordinate and streamline the state review of development                                      
activities throughout Alaska.  The Department of Natural Resources                                  
would assume the functions of the office and would act as the                                       
designated state agency to receive and administer federal grants for                                
implementing the ACMP and rendering, on behalf of the state, all                                    
federal consistency determinations and certifications, and multi-                                   
agency state consistency determinations.                                                            
                                                                                                    
                                 Sincerely,                                                        
                                 /s/                                                                
                                 Frank H. Murkowski                                                 
                                  Governor"                                                        
                                                                                                    
                                                                                                    
The Speaker referred EO 106 to the State Affairs and Resources                                      
Committees.                                                                                         
                                                                                                    
Representative Berkowitz objected to the acceptance and committee                                   
referrals of EO 106.                                                                                
                                                                                                    
The Speaker ruled that EO 106 has been legally and appropriately                                    
accepted and subsequently referred to committees.                                                   
                                                                                                    
Objection to the ruling of the Chair was maintained.                                                
                                                                                                    
The question being:  "Shall the House uphold the ruling of the Chair                                
that E0 106 be accepted and referred to the State Affairs and                                       
Resources Committees?"  The roll was taken with the following result:                               
                                                                                                    
Executive Order No. 106                                                                             
Uphold Ruling of the Chair - Accept and Refer to Committees                                         
                                                                                                    
YEAS:  26   NAYS:  9   EXCUSED:  0   ABSENT:  5                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek,                                           
McGuire, Rokeberg, Samuels, Seaton, Stevens, Stoltze, Weyhrauch,                                    
Whitaker, Williams, Wilson, Wolf                                                                    
                                                                                                    

2003-02-12                     House Journal                      Page 0197
Nays:  Berkowitz, Cissna, Crawford, Gara, Gruenberg, Guttenberg,                                    
Joule, Kapsner, Kerttula                                                                            
                                                                                                    
Absent:  Croft, Kookesh, Meyer, Morgan, Moses                                                       
                                                                                                    
And so, the motion passed and EO 106 was referred to the State                                      
Affairs and Resources Committees concurrently.                                                      
                                                                                                    
EO 107                                                                                            
EXECUTIVE ORDER NO. 107:                                                                            
                                                                                                    
     Transferring certain functions relating to the protection of fish                              
     habitat in rivers, lakes, and streams of the state, and related                                
     functions regarding fish and game protection, from the                                         
     Department of Fish and Game to a deputy commissioner of                                        
     natural resources.                                                                             
                                                                                                    
was read the first time.                                                                            
                                                                                                    
The Governor's transmittal letter dated February 10, 2003, follows:                                 
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Under the authority of art. III, sec. 23, of the Alaska Constitution, I am                          
transmitting an Executive Order transferring certain functions relating                             
to the protection of fish habitat from the Department of Fish and Game                              
to the Department of Natural Resources (DNR).                                                       
                                                                                                    
Currently, the division of habitat and restoration in the Department of                             
Fish and Game oversees the requirements of AS 16.05.840, relating to                                
maintaining fish passage whenever a stream frequented by fish is                                    
obstructed.  The same division oversees the permitting function laid                                
out in AS 16.05.870, which ensures the protection of water bodies                                   
important for anadromous fish.  To better coordinate these complex                                  
and important functions with the management of our state's resources,                               
it makes sense to transfer them to the DNR under the supervision of a                               
deputy commissioner of that department.  I envision that the expert                                 
staff needed to carry out these functions will join the DNR.                                        
                                                                                                    
Because this function now will reside in the DNR, the important                                     
consultative role of the Department of Fish and Game under the Forest                               

2003-02-12                     House Journal                      Page 0198
Resources and Practices Act (AS 41.17) (Act) also must be moved to                                  
the DNR; the Executive Order assigns that role to the same DNR                                      
deputy commissioner.  At the same time, the role currently assigned to                              
the commissioner of natural resources in the Act is transferred to the                              
state forester in the division of forestry, preserving the balance                                  
between forest stewardship and stream preservation that the legislature                             
envisioned.                                                                                         
                                                                                                    
These changes will help us achieve efficient, fair, and balanced review                             
of projects that seek to tap our state's natural resources.                                         
                                                                                                    
                                 Sincerely,                                                        
                                 /s/                                                                
                                 Frank H. Murkowski                                                 
                                  Governor"                                                        
                                                                                                    
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
                                                                                                    
The Speaker ruled that EO 107 has been legally accepted and referred                                
it to the State Affairs and Resources Committees and the House                                      
Special Committee on Fisheries.                                                                     
                                                                                                    
Objection to the ruling of the Chair was maintained.                                                
                                                                                                    
The question being:  "Shall the House uphold the ruling of the Chair                                
that E0 107 be accepted and referred to the State Affairs and                                       
Resources Committees and the House Special Committee on                                             
Fisheries?"  The roll was taken with the following result:                                          
                                                                                                    
Executive Order No. 107                                                                             
Uphold Ruling of the Chair - Accept and Refer to Committees                                         
                                                                                                    
                                                                                                    
YEAS:  26   NAYS:  9   EXCUSED:  0   ABSENT:  5                                                   
                                                                                                    
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek,                                           
McGuire, Rokeberg, Samuels, Seaton, Stevens, Stoltze, Weyhrauch,                                    
Whitaker, Williams, Wilson, Wolf                                                                    
                                                                                                    

2003-02-12                     House Journal                      Page 0199
Nays:  Berkowitz, Cissna, Crawford, Gara, Gruenberg, Guttenberg,                                    
Joule, Kapsner, Kerttula                                                                            
                                                                                                    
Absent:  Croft, Kookesh, Meyer, Morgan, Moses                                                       
                                                                                                    
And so, the motion passed and EO 107 was referred to the State                                      
Affairs and Resources Committees and the House Special Committee                                    
on Fisheries concurrently.                                                                          
                                                                                                    
                             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 Fate - from 9:00 a.m., February 13 to 10:00 p.m.,                                    
February 17, 2003                                                                                   
                                                                                                    
Representative Gara - from 7:00 a.m., February 15 to 11:00 p.m.,                                    
February 17, 2003                                                                                   
                                                                                                    
Representative Harris - from 7:00 a.m., February 15 to 11:00 p.m.,                                  
February 17, 2003                                                                                   
                                                                                                    
Representative Kott - from 7:00 a.m., February 15 to 11:00 p.m.,                                    
February 17, 2003                                                                                   
                                                                                                    
Representative Kohring - from 7:00 a.m., February 13 to 11:00 p.m.,                                 
February 14, 2003                                                                                   
                                                                                                    
Representative Kookesh - from 7:00 a.m., February 14 to 10:00 a.m.,                                 
February 15, 2003                                                                                   
                                                                                                    
Representative Williams - from 9:00 a.m., February 14 to 1:00 p.m.,                                 
February 18, 2003                                                                                   
                                                                                                    
Representative Holm - from noon, February 21 to 11:00 a.m.,                                         
February 24; 2003; and from noon, February 28 to 11:00 a.m.,                                        
March 3, 2003                                                                                       
                                                                                                    
Representative Dahlstrom - from 7:00 a.m., February 14 to 11:00 p.m.,                               
February 17, 2003 (amended from page 171)                                                           

2003-02-12                     House Journal                      Page 0200
                          SPECIAL ORDER OF BUSINESS                                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
notice and publication requirements be waived and the citation,                                     
Honoring - Alaska Heart Institute and Providence Hospital Cardiac                                   
Care Unit, be taken up as a Special Order of Business at this time.                                 
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citation.  There being no objection, the following                                
citation was approved and sent to enrolling:                                                        
                                                                                                    
Honoring - Alaska Heart Institute and Providence Hospital Cardiac                                   
Care Unit                                                                                           
By Senator Ogan; Representatives Kott, Anderson, Berkowitz,                                         
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara,                                  
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                  
Kapsner, Kerttula, Kohring, Masek, McGuire, Meyer, Morgan,                                          
Rokeberg, Samuels, Seaton, Stevens, Stoltze, Whitaker, Williams,                                    
Wilson, Wolf                                                                                        
                                                                                                    
                                                                                                    
                             UNFINISHED BUSINESS                                                 
                                                                                                    
HB 9                                                                                              
Representative Crawford added his name as cosponsor to:                                             
                                                                                                    
     HOUSE BILL NO. 9                                                                               
     "An Act relating to the registration of individuals who perform                                
     home inspections; relating to regulation of contractors; relating to                           
     registration fees for specialty contractors, home inspectors, and                              
     associate home inspectors; relating to home inspection                                         
     requirements for residential loans purchased or approved by the                                
     Alaska Housing Finance Corporation; relating to civil actions by                               
     and against home inspectors and to civil actions arising from                                  
     residential unit inspections; and providing for an effective date."                           
                                                                                                    
                                                                                                    
HB 12                                                                                             
Representative McGuire added her name as cosponsor to:                                              

2003-02-12                     House Journal                      Page 0201
     HOUSE BILL NO. 12                                                                              
     "An Act relating to harassment."                                                               
                                                                                                    
HB 21                                                                                             
Representative Heinze added her name as cosponsor to:                                               
                                                                                                    
     HOUSE BILL NO. 21                                                                              
     "An Act relating to an optional group of persons eligible for                                  
     medical assistance who require treatment for breast or cervical                                
     cancer."                                                                                       
                                                                                                    
HB 36                                                                                             
Representatives Heinze, Meyer, Moses, Kookesh, Croft, Crawford,                                     
Guttenberg, Stevens, Cissna, McGuire, Kapsner, Gruenberg, Wilson,                                   
Lynn, and Weyhrauch added their names as cosponsors to:                                             
                                                                                                    
     HOUSE BILL NO. 36                                                                              
     "An Act relating to electronic mail activities and making certain                              
     electronic mail activities unfair methods of competition or unfair                             
     or deceptive acts or practices under the Act enumerating unfair                                
     trade practices and consumer protections."                                                     
                                                                                                    
HB 44                                                                                             
Representative Kerttula added her name as cosponsor to:                                             
                                                                                                    
     HOUSE BILL NO. 44                                                                              
     "An Act relating to the use of headlights when operating a motor                               
     vehicle."                                                                                      
                                                                                                    
HB 49                                                                                             
Representatives Lynn, Kookesh, Wolf, and Wilson added their names                                   
as cosponsors to:                                                                                   
                                                                                                    
     HOUSE BILL NO. 49                                                                              
     "An Act relating to the DNA identification registration system;                                
     and providing for an effective date."                                                          
                                                                                                    
HB 58                                                                                             
Representatives Stevens, McGuire, Moses, Rokeberg, and Weyhrauch                                    
added their names as cosponsors to:                                                                 

2003-02-12                     House Journal                      Page 0202
     HOUSE BILL NO. 58                                                                              
     "An Act relating to the reinstatement of Native corporations; and                              
     providing for an effective date."                                                              
                                                                                                    
HB 66                                                                                             
Representative Wolf added his name as cosponsor to:                                                 
                                                                                                    
     HOUSE BILL NO. 66                                                                              
     "An Act relating to certain persons who buy and sell secondhand                                
     articles, to certain persons who lend money on secondhand                                      
     articles, and to certain persons who seek or receive loans on                                  
     secondhand articles."                                                                          
                                                                                                    
HB 68                                                                                             
Representatives Foster, Wolf, Wilson, Dahlstrom, and Kerttula added                                 
their names as cosponsors to:                                                                       
                                                                                                    
     CS FOR HOUSE BILL NO. 68(JUD)                                                                  
     "An Act relating to the jurisdiction of the office of victims' rights."                        
                                                                                                    
                                                                                                    
HB 69                                                                                             
Representatives Croft and Dahlstrom added their names as cosponsors                                 
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."                                                                                         
                                                                                                    
                                                                                                    
HB 73                                                                                             
Representative Guttenberg added his name as cosponsor to:                                           
                                                                                                    
     HOUSE BILL NO. 73                                                                              
     "An Act extending the termination date of the State Medical                                    
     Board."                                                                                        
                                                                                                    
HB 74                                                                                             
Representative Guttenberg added his name as cosponsor to:                                           

2003-02-12                     House Journal                      Page 0203
     HOUSE BILL NO. 74                                                                              
     "An Act extending the termination date of the Board of Nursing."                               
                                                                                                    
                                                                                                    
HB 82                                                                                             
Representatives Anderson, Dahlstrom, Crawford, Guttenberg, and                                      
Lynn added their names as cosponsors to:                                                            
                                                                                                    
     HOUSE BILL NO. 82                                                                              
     "An Act making certain activities related to commercial electronic                             
     mail unlawful as unfair methods of competition or unfair or                                    
     deceptive acts or practices under the Act enumerating unfair trade                             
     practices and consumer protections."                                                           
                                                                                                    
                                                                                                    
HB 89                                                                                             
Representative Wolf added his name as cosponsor to:                                                 
                                                                                                    
     HOUSE BILL NO. 89                                                                              
     "An Act relating to standards for chilling and delivery of                                     
     commercially caught salmon; and providing for an effective date."                              
                                                                                                    
                                                                                                    
HB 90                                                                                             
Representative Wolf added his name as cosponsor to:                                                 
                                                                                                    
     HOUSE BILL NO. 90                                                                              
     "An Act relating to a salmon product development tax credit under                              
     the Alaska fisheries business tax and the Alaska fisheries resource                            
     landing tax; and providing for an effective date."                                             
                                                                                                    
                                                                                                    
SJR 4                                                                                             
Representatives Stoltze, Dahlstrom, and Lynn added their names as                                   
cross sponsors to:                                                                                  
                                                                                                    
     SENATE JOINT RESOLUTION NO. 4                                                                  
     Urging the United States Congress to pass legislation to open the                              
     coastal plain of the Arctic National Wildlife Refuge, Alaska, to oil                           
     and gas exploration, development, and production.                                              

2003-02-12                     House Journal                      Page 0204
                                 ENGROSSMENT                                                     
                                                                                                    
HB 58                                                                                             
HB 58 was engrossed, signed by the Speaker and Chief Clerk and                                      
transmitted to the Senate for consideration.                                                        
                                                                                                    
HB 68                                                                                             
CSHB 68(JUD) was engrossed, signed by the Speaker and Chief Clerk                                   
and transmitted to the Senate for consideration.                                                    
                                                                                                    
HB 69                                                                                             
HB 69 was engrossed, signed by the Speaker and Chief Clerk and                                      
transmitted to the Senate for consideration.                                                        
                                                                                                    
                                                                                                    
                                ANNOUNCEMENTS                                                    
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
The following meeting today has been changed as indicated:                                          
                                                                                                    
Judiciary Committee                                                                                 
CHANGED TO:                                                  1:15 p.m., 2/12                        
                                                                                                    
                                                                                                    
                                 ADJOURNMENT                                                     
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., February 14, 2003.  There being no                                  
objection, the House adjourned at 1:09 p.m.                                                         
                                                                                                    
                                               Suzi Lowell                                          
                                               Chief Clerk                                          

2003-02-12                     House Journal                      Page 0205
                             HOUSE JOURNAL INDEX                                                 
                                                                                                    
HB   9 200                                                                                          
HB  12        180-181, 200-201                                                                      
HB  21 201                                                                                          
HB  35 185                                                                                          
HB  36 201                                                                                          
HB  44 201                                                                                          
HB  49 201                                                                                          
HB  52        181-182                                                                               
HB  58        187-188, 201-202, 204                                                                 
HB  66 202                                                                                          
HB  68        188-189, 202, 204                                                                     
HB  69        189-193, 202, 204                                                                     
HB  71 182                                                                                          
HB  73        183, 202                                                                              
HB  74        183, 202-203                                                                          
HB  79 184                                                                                          
HB  82 203                                                                                          
HB  89 203                                                                                          
HB  90 203                                                                                          
HB  91 185                                                                                          
HB  92 186                                                                                          
HB  93 186                                                                                          
HB  94 186                                                                                          
HB  95        186-187                                                                               
HB  96 187                                                                                          
                                                                                                    
SJR  4        180, 203