Legislature(2003 - 2004)

2003-02-14 House Journal

Full Journal pdf

2003-02-14                     House Journal                      Page 0209
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
               TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                         
                                                                                                    
Juneau, Alaska                   Friday             February 14, 2003                             
                                                                                                    
                           Twenty-fifth Day                                                    
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 10:08 a.m.                                                                                  
                                                                                                    
Roll call showed 27 members present.  Representatives Berkowitz,                                    
Dahlstrom, Fate, Gatto, Kohring, Kookesh, Moses, Rokeberg,                                          
Williams, and Wolf had been previously excused from a call of the                                   
House today.  Representative Joule was absent and his presence was                                  
noted later.  Representative Chenault was absent and later excused.                                 
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Holm be excused from a call of the House from today                                  
to 11:00 a.m., February 18, 2003.  There being no objection, it was so                              
ordered.                                                                                            
                                                                                                    
The invocation was offered by the Chaplain, Father Anastasius Iwuoha                                
of the Cathedral of the Nativity.  Representative Coghill moved and                                 
asked unanimous consent that the invocation be spread on the journal.                               
There being no objection, it was so ordered.                                                        
                                                                                                    
    I invite you to please join me in these prayers.                                                
                                                                                                    
    Almighty God, You are the ultimate lawmaker and supreme                                         
    ruler of the world.  We pray You to guide the proceedings and                                   
    activities of the members of the Alaska Legislature this day.                                   
    Assist them in figuring out ways of bringing joy, hope, and                                     
    vigorous improvement to all parts of Alaska.  Open our eyes                                     
    to the needs of the people of Alaska and our hearts to their                                    
    yearning for a better life.  Lead us on with the vision of truth                                
    as we strive to bring justice and peace to all.  Amen.                                          

2003-02-14                     House Journal                      Page 0210
The Pledge of Allegiance was led by Representative Kerttula.                                        
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 23rd and 24th legislative days be approved as certified                             
by the Chief Clerk.  There being no objection, it was so ordered.                                   
                                                                                                    
                            COMMUNICATIONS                                                       
                                                                                                    
Letters of disclosure, as required by AS 24.60, were published today in                             
House Journal Supplement No. 1 and Senate and House Joint Journal                                   
Supplement No. 3.                                                                                   
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
The Health, Education & Social Services Committee has reviewed the                                  
qualifications of the following and recommends the appointment be                                   
forwarded to a joint session for consideration:                                                     
                                                                                                    
                            Joel Gilbertson                                                        
                                                                                                    
as Commissioner of the Department of Health & Social Services.                                      
                                                                                                    
The report was signed by Representative Wilson, Chair; and                                          
Representatives Heinze, Cissna, Seaton, Gatto, Kapsner.                                             
                                                                                                    
**The presence of Representative Joule was noted.                                                   
                                                                                                    
The Health, Education & Social Services Committee has reviewed the                                  
qualifications of the following and recommends the appointments be                                  
forwarded to a joint session for consideration:                                                     
                                                                                                    
                            James C. Hayes                                                         
                             Cynthia Henry                                                         
                            Mary K. Hughes                                                         
                             Derek Miller                                                          
                            Michael Snowden                                                        
                                                                                                    
as members of the University of Alaska Board of Regents.                                            
                                                                                                    

2003-02-14                     House Journal                      Page 0211
The reports were signed by Representative Wilson, Chair; and                                        
Representatives Gatto, Wolf, Heinze, Seaton, Kapsner.                                               
                                                                                                    
                                                                                                    
The Resources Committee has reviewed the qualifications of the                                      
following and recommends the appointments be forwarded to a joint                                   
session for consideration:                                                                          
                                                                                                    
                            Rupert Andrews                                                         
                            John E. Jensen                                                         
                         Melvan E. Morris, Jr.                                                     
                              Art Nelson                                                           
                                                                                                    
as members of the Board of Fisheries.                                                               
                                                                                                    
                                                                                                    
                          Michael R. Fleagle                                                       
                                                                                                    
as a member of the Board of Game.                                                                   
                                                                                                    
The reports were signed by Representatives Fate and Chenault, Co-                                   
chairs; and Representatives Wolf, Masek, Kerttula, Gatto, Heinze,                                   
Guttenberg, Lynn.                                                                                   
                                                                                                    
                                                                                                    
HB 1                                                                                              
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 1                                                                                
    "An Act relating to stalking and to violating a protective order;                               
    and amending Rules 4 and 65, Alaska Rules of Civil Procedure,                                   
    and Rule 9, Alaska Rules of Administration."                                                    
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 1(JUD)                                                                    
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               

2003-02-14                     House Journal                      Page 0212
Do pass (5):  Holm, Anderson, Coghill, Gruenberg, McGuire                                           
                                                                                                    
The following fiscal note(s) apply to CSHB 1(JUD):                                                  
                                                                                                    
1.  Zero, Dept. of Law                                                                              
2.  Zero, Dept. of Public Safety                                                                    
3.  Indeterminate, Dept. of Administration                                                          
4.  Indeterminate, Alaska Court System                                                              
                                                                                                    
HB 1 was referred to the Finance Committee.                                                         
                                                                                                    
                                                                                                    
HB 51                                                                                             
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
    HOUSE BILL NO. 51                                                                               
    "An Act requiring pharmacists to include generic drug information                               
    on containers in which brand-name prescription drug orders are                                  
    dispensed."                                                                                     
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 51(HES)                                                                   
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Wilson, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Heinze, Gatto, Seaton, Cissna, Wilson                                                 
                                                                                                    
The following fiscal note(s) apply to CSHB 51(HES):                                                 
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
HB 51 was referred to the Labor & Commerce Committee.                                               
                                                                                                    
                                                                                                    
HB 82                                                                                             
The Labor & Commerce Committee has considered:                                                      
                                                                                                    

2003-02-14                     House Journal                      Page 0213
    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."                                                            
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 82(L&C)                                                                   
    "An Act making certain activity related to commercial electronic                                
    mail unlawful and an unfair method of competition or an unfair or                               
    deceptive act or practice under the Act enumerating unfair trade                                
    practices and consumer protections."                                                            
                                                                                                    
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (7):  Lynn, Gatto, Crawford, Guttenberg, Dahlstrom,                                         
Rokeberg, Anderson                                                                                  
                                                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 82(L&C):                                                 
                                                                                                    
1.  Zero, Dept. of Law                                                                              
                                                                                                    
HB 82 was referred to the Judiciary Committee.                                                      
                                                                                                    
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
In Memoriam - James "J.P." Jones                                                                    
By Representative Guttenberg                                                                        
                                                                                                    
In Memoriam - Hannah Manuluk Newlin                                                                 
By Representative Joule                                                                             
                                                                                                    

2003-02-14                     House Journal                      Page 0214
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                            OF HOUSE BILLS                                                       
                                                                                                    
HB 97                                                                                             
HOUSE BILL NO. 97 by Representative Kohring, entitled:                                              
                                                                                                    
    "An Act authorizing a long-term lease of certain Alaska Railroad                                
    Corporation land at Anchorage; and providing for an effective                                   
    date."                                                                                          
                                                                                                    
was read the first time and referred to the Transportation, Resources,                              
and Finance Committees.                                                                             
                                                                                                    
HB 98                                                                                             
HOUSE BILL NO. 98 by Representative Samuels, entitled:                                              
                                                                                                    
    "An Act relating to sport fishing seasons and areas for persons                                 
    under 16 years of age."                                                                         
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Fisheries and the Resources Committee.                                                              
                                                                                                    
HB 99                                                                                             
HOUSE BILL NO. 99 by Representative Heinze, entitled:                                               
                                                                                                    
    "An Act relating to insurance for and work on certain motor                                     
    vehicle repairs; and providing for an effective date."                                          
                                                                                                    
was read the first time and referred to the Transportation and Labor &                              
Commerce Committees.                                                                                
                                                                                                    
                                                                                                    
HOUSE BILL NO. 100 has been preassigned to the supplemental                                         
appropriations bill.                                                                                
                                                                                                    
HB 101                                                                                            
HOUSE BILL NO. 101 by the House Finance Committee, entitled:                                        
                                                                                                    
    "An Act making a special appropriation for a grant to Arctic                                    
    Power to promote the opening of the Arctic National Wildlife                                    

2003-02-14                     House Journal                      Page 0215
    Refuge for oil and gas exploration and development; and                                         
    providing for an effective date."                                                               
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
HB 102                                                                                            
HOUSE BILL NO. 102 by Representatives Croft, Foster, Stoltze, and                                   
Crawford, entitled:                                                                                 
                                                                                                    
    "An Act relating to concealed deadly weapons."                                                  
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
HB 103                                                                                            
HOUSE BILL NO. 103 by Representative Meyer, entitled:                                               
                                                                                                    
    "An Act limiting the factors that may be considered in making a                                 
    crime victims' compensation award in cases of sexual assault or                                 
    sexual abuse of a minor."                                                                       
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
HB 104                                                                                            
HOUSE BILL NO. 104 by Representative Stevens, entitled:                                             
                                                                                                    
    "An Act relating to payment of the fisheries business tax and to                                
    security for collection of the fisheries business tax."                                         
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Fisheries and the Resources and Finance Committees.                                                 
                                                                                                    
HB 105                                                                                            
HOUSE BILL NO. 105 by Representative Stevens, entitled:                                             
                                                                                                    
         "An Act relating to loans to satisfy past due federal tax                                  
         obligations of commercial fishermen and to the commercial                                  
         fishing loan program."                                                                     
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Fisheries and the Resources and Finance Committees.                                                 

2003-02-14                     House Journal                      Page 0216
HB 106                                                                                            
HOUSE BILL NO. 106 by the House Judiciary Committee, entitled:                                      
                                                                                                    
    "An Act amending the definition of 'lobbyist' in the Regulation of                              
    Lobbying Act, and as it applies in the act setting standards of                                 
    conduct for legislators and legislative employees, to define                                    
    'regular' and 'substantial' as those terms describe activities for                              
    which a person receives consideration for the purpose of                                        
    influencing legislative or administrative action."                                              
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                         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:                             
                                                                                                    
Honoring - Great Land Trust, Fish Creek Land Acquisition                                            
By Representatives Berkowitz, Kott, Anderson, Chenault, Cissna,                                     
Crawford, Croft, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker,                                
Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Masek, McGuire,                                    
Meyer, Morgan, Rokeberg, Seaton, Stevens, Stoltze, Williams,                                        
Wilson, Wolf                                                                                        
                                                                                                    
Honoring - Mano Frey, Executive President of the Alaska AFL-CIO                                     
By Representatives Harris, Kott, Anderson, Berkowitz, Chenault,                                     
Cissna, Crawford, Coghill, Croft, Dahlstrom, Fate, Foster, Gara,                                    
Gatto, Gruenberg, Guttenberg, Hawker, Heinze, Holm, Joule,                                          
Kapsner, Kerttula, Kohring, Masek, McGuire, Meyer, Morgan, Moses,                                   
Rokeberg, Samuels, Seaton, Stevens, Stoltze, Weyhrauch, Whitaker,                                   
Williams, Wilson, Wolf                                                                              
                                                                                                    
Honoring - Bartlett High School Golden Bears Football Team                                          
By Senator Davis; Representatives, Kott, Anderson, Berkowitz,                                       
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto,                                 
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kerttula, Kohring, Masek, McGuire, Meyer, Morgan,                                          
Rokeberg, Samuels, Seaton, Stevens, Stoltze, Weyhrauch, Williams,                                   
Wilson, Wolf                                                                                        

2003-02-14                     House Journal                      Page 0217
Honoring - Women in History Month                                                                   
By Senator Davis; Representatives, Kott, Anderson, Berkowitz,                                       
Chenault, Cissna, Crawford, Croft, Dahlstrom, Fate, Gara, Gruenberg,                                
Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula,                                 
Kohring, Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels,                                          
Seaton, Stevens, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                         
                                                                                                    
                                                                                                    
Honoring - Sharon Richards                                                                          
By Senator Davis; Representatives, Kott, Anderson, Berkowitz,                                       
Chenault, Cissna, Crawford, Croft, Dahlstrom, Gara, Gruenberg,                                      
Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula,                                 
Kohring, Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels,                                          
Seaton, Stevens, Stoltze, Williams, Wilson, Wolf                                                    
                                                                                                    
                                                                                                    
In Memoriam - Emitt L. Soldin                                                                       
By Representatives Rokeberg, Kott, Anderson, Berkowitz, Chenault,                                   
Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto,                                   
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kerttula, Kohring, Masek, McGuire, Meyer, Morgan,                                          
Samuels, Seaton, Stevens, Stoltze, Williams, Wilson, Wolf                                           
                                                                                                    
                                                                                                    
In Memoriam - Alice E. Gross                                                                        
By Senator Taylor; Representatives Wilson, Kott, Anderson,                                          
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze,                                 
Holm, Joule, Kapsner, Kerttula, Kohring, Masek, McGuire, Meyer,                                     
Morgan, Rokeberg, Samuels, Seaton, Stevens, Stoltze, Williams, Wolf                                 
                                                                                                    
                                                                                                    
In Memoriam - Bill H. Chenault                                                                      
By Senator Wagoner; Representatives Kott, Anderson, Berkowitz,                                      
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster,                                
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                  
Kapsner, Kerttula, Kohring, Masek, McGuire, Meyer, Morgan,                                          
Rokeberg, Samuels, Seaton, Stevens, Stoltze, Whitaker, Williams,                                    
Wilson, Wolf                                                                                        
                                                                                                    

2003-02-14                     House Journal                      Page 0218
                          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 Chenault - today                                                                     
                                                                                                    
Representative Crawford - from 7:00 a.m., February 15 to 3:00 p.m.,                                 
February 18, 2003                                                                                   
                                                                                                    
Representative Stevens - from 7:00 a.m., February 15 to 3:00 p.m.,                                  
February 19, 2003                                                                                   
                                                                                                    
Representative Lynn - from 7:00 p.m., February 20 to 11:00 a.m.,                                    
plane time, February 24, 2003                                                                       
                                                                                                    
Representative Kerttula - from 1:00 p.m., February 22 to 2:00 p.m.,                                 
March 3, 2003                                                                                       
                                                                                                    
HB 8                                                                                              
Representative Gatto's name was removed as a cosponsor to the                                       
following:                                                                                          
                                                                                                    
    HOUSE BILL NO. 8                                                                                
    "An Act relating to establishing a data base of residential                                     
    telephone customers who do not wish to receive telephonic                                       
    solicitations, providing that the data base be compiled at no cost to                           
    the customers, requiring paid telephonic sellers to purchase the                                
    data base, requiring telephonic sellers to identify themselves, and                             
    requiring telephonic solicitors who are otherwise exempt from                                   
    registration as telephonic solicitors to file with the Department of                            
    Law and purchase the data base; and providing for an effective                                  
    date."                                                                                          
                                                                                                    
His name was mistakenly added to the bill, and a corrected copy of the                              
bill was reprinted February 12, 2003.                                                               
                                                                                                    
HB 10                                                                                             
Representative Moses added his name as cosponsor to:                                                

2003-02-14                     House Journal                      Page 0219
    HOUSE BILL NO. 10                                                                               
    "An Act amending the definition of group health insurance, and                                  
    allowing the Department of Administration to obtain a policy or                                 
    policies of group health care insurance for employers that are                                  
    small businesses, nonprofit organizations, special services                                     
    organizations, or small associations for insurance purposes; and                                
    providing for an effective date."                                                               
                                                                                                    
HB 12                                                                                             
Representative Holm added his name as cosponsor to:                                                 
                                                                                                    
    HOUSE BILL NO. 12                                                                               
    "An Act relating to harassment."                                                                
                                                                                                    
HB 49                                                                                             
Representative Weyhrauch added his name as cosponsor to:                                            
                                                                                                    
    HOUSE BILL NO. 49                                                                               
    "An Act relating to the DNA identification registration system;                                 
    and providing for an effective date."                                                           
                                                                                                    
HB 87                                                                                             
Representative Crawford added his name as cosponsor to:                                             
                                                                                                    
    HOUSE BILL NO. 87                                                                               
    "An Act relating to mining."                                                                    
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 11:00 a.m., February 18, 2003.  There being no                                  
objection, the House adjourned at 10:35 a.m.                                                        
                                                                                                    
                                           Suzi Lowell                                              
                                           Chief Clerk