Legislature(2003 - 2004)

2003-02-21 House Journal

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2003-02-21                     House Journal                      Page 0263
                                                                                                    
                              HOUSE JOURNAL                                                      
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
                TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                        
                                                                                                    
Juneau, Alaska                    Friday             February 21, 2003                            
                                                                                                    
                            Thirty-second Day                                                  
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 10:05 a.m.                                                                                  
                                                                                                    
                                                                                                    
Roll call showed 33 members present.  Representatives Fate, Harris,                                 
Lynn, and Samuels had been previously excused from a call of the                                    
House today.  There was one vacancy.                                                                
                                                                                                    
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 Kapsner - today                                                                      
                                                                                                    
Representative Whitaker - from today to 2:00 p.m., February 22, 2003                                
                                                                                                    
                                                                                                    
The invocation was offered by the Chaplain, the Reverend Larry                                      
Rorem of Shepherd of the Valley Lutheran Church.  Representative                                    
McGuire moved and asked unanimous consent that the invocation be                                    
spread on the journal.  There being no objection, it was so ordered.                                
                                                                                                    
    In deepest respect for the religious beliefs of each person here,                              
    I invite you into a time of prayer and reflection.  Let us pray.                               
                                                                                                    
    Dear God of Patience, Compassion, and Love,                                                     
                                                                                                    
        Sometimes we feel like a voice crying in the wilderness.                                   
      Sometimes others feel like a voice crying in the wilderness.                                 

2003-02-21                     House Journal                      Page 0264
    We give thanks for the gift of meaningful communication that                                    
    enables us to escape the wilderness and be heard, respected,                                    
    and understood.                                                                                 
                                                                                                    
    Our leaders gathered here today represent the voices of a                                       
    diverse state with diverse needs, hopes, and fears.  There are                                  
    always voices competing for attention.  There are powerful                                      
    voices, meek voices, vulnerable voices, angry voices,                                           
    impatient voices, self-centered and other-centered voices.                                      
    Help us listen patiently to all the voices and give the gift of a                               
    listening ear and an open heart.                                                                
                                                                                                    
    May the diverse voices that make up the choir of all Alaskans                                   
    blend together in harmony.  May our leaders apply wisdom,                                       
    caring, patience, and compassion so that each voice is heard                                    
    and common ground is found.  In Your Holy Name, Amen.                                           
                                                                                                    
                                                                                                    
The Pledge of Allegiance was led by Representative Cissna.                                          
                                                                                                    
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 30th and 31st legislative days be approved as certified                             
by the Chief Clerk.  There being no objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
                             COMMUNICATIONS                                                      
                                                                                                    
The following letter dated February 20, 2003, from Representative                                   
Gary Stevens to Speaker Kott was read:                                                              
                                                                                                    
"The purpose of this letter is to submit my resignation from the Alaska                             
State House for District 36.  This resignation is effective at 10:00 a.m.                           
today.                                                                                              
                                                                                                    
It has been a pleasure working with all members of this body for the                                
last two years and I look forward to a good working relationship in the                             
future."                                                                                            

2003-02-21                     House Journal                      Page 0265
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
The Judiciary Committee has reviewed the qualifications of the                                      
following and recommends the appointment be forwarded to a joint                                    
session for consideration:                                                                          
                                                                                                    
                             Gregg D. Renkes                                                       
                                                                                                    
as Attorney General.                                                                                
                                                                                                    
The report was signed by Representative McGuire, Chair; and                                         
Representatives Coghill, Gruenberg, Gara, Samuels, Holm, Anderson.                                  
                                                                                                    
HB 9                                                                                              
The Finance Committee has considered:                                                               
                                                                                                    
    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."                             
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 9(FIN)                                                                    
    "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; repealing a law that limits liability for                         
    damages based on a duty to inspect a residential unit to damages                                
    caused by gross negligence or intentional misconduct; and                                       
    providing for an effective date."                                                               

2003-02-21                     House Journal                      Page 0266
The report was signed by Representative Williams, Co-chair, with the                                
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Meyer, Hawker, Whitaker, Foster, Williams                                             
                                                                                                    
No recommendation (4):  Stoltze, Joule, Croft, Moses                                                
                                                                                                    
The following fiscal note(s) apply to CSHB 9(FIN):                                                  
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
2.  Zero, Dept. of Law                                                                              
3.  Zero, Dept. of Labor & Workforce Development                                                    
4.  Fiscal, Dept. of Community & Economic Development                                               
                                                                                                    
HB 9 was referred to the Rules Committee for placement on the                                       
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 52                                                                                             
The Judiciary Committee has considered:                                                             
                                                                                                    
    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."                                                              
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 52(JUD)                                                                   
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (7):  Coghill, Gruenberg, Anderson, McGuire, Samuels,                                       
Holm, Gara                                                                                          
                                                                                                    

2003-02-21                     House Journal                      Page 0267
The following fiscal note(s) apply to CSHB 52(JUD):                                                 
                                                                                                    
1.  Zero, Dept. of Administration                                                                   
2.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
HB 52 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
HB 67                                                                                             
The Transportation Committee has considered:                                                        
                                                                                                    
    HOUSE BILL NO. 67                                                                               
    "An Act relating to construction of highways by the Department                                  
    of Transportation and Public Facilities."                                                       
                                                                                                    
The report was signed by Representatives Masek and Holm, Co-                                        
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (4):  Holm, Fate, Kohring, Masek                                                            
                                                                                                    
Do not pass (2):  Kapsner, Kookesh                                                                  
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Transportation & Public Facilities                                               
                                                                                                    
HB 67 was referred to the Finance Committee.                                                        
                                                                                                    
HB 71                                                                                             
The Finance 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 Williams, Co-chair, with the                                
following individual recommendations:                                                               
                                                                                                    
Do pass (8):  Meyer, Hawker, Joule, Croft, Moses, Whitaker, Foster,                                 
Williams                                                                                            

2003-02-21                     House Journal                      Page 0268
No recommendation (1):  Stoltze                                                                     
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Community & Economic Development                                               
                                                                                                    
HB 71 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 79                                                                                             
The Finance 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 Williams, Co-chair, with the                                
following individual recommendations:                                                               
                                                                                                    
Do pass (8):  Meyer, Hawker, Joule, Croft, Moses, Whitaker, Foster,                                 
Williams                                                                                            
                                                                                                    
No recommendation (1):  Stoltze                                                                     
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
2.  Fiscal, Dept. of Community & Economic Development                                               
                                                                                                    
HB 79 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 85                                                                                             
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    HOUSE BILL NO. 85                                                                               
    "An Act requiring certain consumer reporting agencies to provide                                
    individuals with certain reports without charge."                                               

2003-02-21                     House Journal                      Page 0269
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Lynn, Crawford, Guttenberg, Dahlstrom, Anderson                                       
                                                                                                    
No recommendation (1):  Rokeberg                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
HB 85 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
                                                                                                    
                        INTRODUCTION OF CITATIONS                                                
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Juneau-Douglas High School Crimson Bears 2002 Men's                                      
State Swimming and Diving Champions                                                                 
By Senator Elton; Representatives Weyhrauch, Kerttula                                               
                                                                                                    
Honoring - Judge Thomas Jahnke                                                                      
By Senator Taylor; Representatives Williams, Wilson                                                 
                                                                                                    
Honoring - Sheldon Jackson College                                                                  
By Senator Taylor; Representative Wilson                                                            
                                                                                                    
                                                                                                    
In Memoriam - Devon' Earl Alexander                                                                 
By Representative Foster                                                                            
                                                                                                    
In Memoriam - Charles Madison Binkley "Captain Jim"                                                 
By Representatives Holm, Fate                                                                       
                                                                                                    
In Memoriam - Virginia B. Gross                                                                     
By Senator Davis                                                                                    
                                                                                                    

2003-02-21                     House Journal                      Page 0270
In Memoriam - David Chatfield Kepler                                                                
By Senators Ogan, Green; Representative Gatto                                                       
                                                                                                    
                                                                                                    
The following citation was introduced and taken up later as a Special                               
Order of Business:                                                                                  
                                                                                                    
Honoring - Senator Pete Kelly, Outstanding Public Service and                                       
Leadership                                                                                          
By Senator Wilken                                                                                   
                                                                                                    
                                                                                                    
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                          OF HOUSE RESOLUTIONS                                                   
                                                                                                    
HCR 9                                                                                             
HOUSE CONCURRENT RESOLUTION NO. 9 by Representatives                                                
Joule and Rokeberg:                                                                                 
                                                                                                    
    Relating to declaring March 2003 as Sobriety Awareness Month.                                   
                                                                                                    
was read the first time and referred to the Rules Committee.                                        
                                                                                                    
HJR 11                                                                                            
HOUSE JOINT RESOLUTION NO. 11 by Representative Crawford:                                           
                                                                                                    
    Proposing an amendment to the Constitution of the State of                                      
    Alaska relating to open meetings.                                                               
                                                                                                    
was read the first time and referred to the State Affairs, Judiciary, and                           
Finance Committees.                                                                                 
                                                                                                    
                                                                                                    
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                             OF HOUSE BILLS                                                      
                                                                                                    
HB 107                                                                                            
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 107 by                                                        
Representatives Dahlstrom, Masek, Anderson, Samuels, Lynn,                                          
Coghill, Wolf, Heinze, Gatto, Holm, Harris, and Kott, entitled:                                     

2003-02-21                     House Journal                      Page 0271
    "An Act relating to an optional group of persons eligible for                                   
    medical assistance who require treatment for breast or cervical                                 
    cancer; relating to cost sharing by those recipients under the                                  
    medical assistance program; and providing for an effective date."                               
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Finance Committees.                                                                    
                                                                                                    
HB 117                                                                                            
HOUSE BILL NO. 117 by Representatives Rokeberg and Anderson,                                        
entitled:                                                                                           
                                                                                                    
    "An Act relating to the teachers' housing loan program in the                                   
    Alaska Housing Finance Corporation; and providing for an                                        
    effective date."                                                                                
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Finance Committees.                                                                    
                                                                                                    
                                                                                                    
HB 118                                                                                            
HOUSE BILL NO. 118 by Representative Seaton by request of the                                       
Joint Legislative Salmon Industry Task Force, entitled:                                             
                                                                                                    
    "An Act relating to the transportation and sale of certain                                      
    commercially caught fish by an agent of a commercial fishing                                    
    permit holder and to the sale of fish; and providing for an effective                           
    date."                                                                                          
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Fisheries and the Resources Committee.                                                              
                                                                                                    
                                                                                                    
                   CONSIDERATION OF THE DAILY CALENDAR                                           
                                                                                                    
                   SECOND READING OF HOUSE RESOLUTIONS                                           
                                                                                                    
HCR 6                                                                                             
The following was read the second time:                                                             
                                                                                                    

2003-02-21                     House Journal                      Page 0272
    HOUSE CONCURRENT RESOLUTION NO. 6                                                               
    Extending the termination date of the Joint Legislative Salmon                                  
    Industry Task Force until 2005.                                                                 
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 FSH RPT CS(FSH) NT 6DP                                               245                           
 FN1: ZERO(LEG)                                                       245                           
 FIN REFERRAL WAIVED                                                  256                           
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original                                   
resolution:                                                                                         
                                                                                                    
              CS FOR HOUSE CONCURRENT RESOLUTION NO. 6(FSH)                                        
    Relating to the continuation of the Joint Legislative Salmon                                    
    Industry Task Force until 2004.                                                                 
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
The question being:  "Shall CSHCR 6(FSH) pass the House?"  The                                      
roll was called with the following result:                                                          
                                                                                                    
CSHCR 6(FSH)                                                                                        
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  33   NAYS:  0   EXCUSED:  6   ABSENT:  0   VACANT:  1                                      
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Hawker,                                      
Heinze, Holm, Joule, Kerttula, Kohring, Kookesh, Masek, McGuire,                                    
Meyer, Morgan, Moses, Rokeberg, Seaton, Stoltze, Weyhrauch,                                         
Williams, Wilson, Wolf, Anderson, Kott                                                              
                                                                                                    
Excused:  Fate, Harris, Kapsner, Lynn, Samuels, Whitaker                                            
                                                                                                    
                                                                                                    
And so, CSHCR 6(FSH) passed the House and was referred to the                                       
Chief Clerk for engrossment.                                                                        
                                                                                                    

2003-02-21                     House Journal                      Page 0273
                          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 - Dean Larson, Retirement from the WCHL Anchorage                                          
Aces                                                                                                
By Representatives McGuire, Kott, Anderson, Berkowitz, Chenault,                                    
Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg,                                
Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring,                                
Masek, Meyer, Morgan, Rokeberg, Samuels, Seaton, Stoltze,                                           
Williams, Wilson, Wolf                                                                              
                                                                                                    
                                                                                                    
In Memoriam - Sara Elaine Atwood                                                                    
By Senator Stevens; Representatives Heinze, Kott, Anderson,                                         
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Holm, Joule,                              
Kapsner, Kerttula, Kohring, Masek, McGuire, Meyer, Morgan,                                          
Rokeberg, Samuels, Seaton, Stoltze, Williams, Wilson, Wolf                                          
                                                                                                    
                                                                                                    
                           UNFINISHED BUSINESS                                                   
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following members be excused from a call of the House.  There being                                 
no objection, the members were excused as noted:                                                    
                                                                                                    
                                                                                                    
Representative Williams - from 1:00 p.m., February 21 to 11:00 p.m.,                                
February 23, 2003                                                                                   
                                                                                                    
                                                                                                    
Representative Chenault - from morning plane time, February 22 to                                   
morning plane time, February 25, 2003                                                               
                                                                                                    
                                                                                                    
Representative Gruenberg - from March 1 to 2:00 p.m., March 2, 2003                                 

2003-02-21                     House Journal                      Page 0274
                        SPECIAL ORDER OF BUSINESS                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
notice and publication requirements be waived and the citation,                                     
Honoring - Senator Pete Kelly, Outstanding Public Service and                                       
Leadership, 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 - Senator Pete Kelly, Outstanding Public Service and                                       
Leadership                                                                                          
By Senator Wilken; Representatives Kott, Anderson, Berkowitz,                                       
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gatto,                               
Gruenberg, Guttenberg, Hawker, Joule, Kohring, Masek, McGuire,                                      
Meyer, Morgan, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch,                                       
Williams, Wilson, Wolf                                                                              
                                                                                                    
                           UNFINISHED BUSINESS                                                   
                                                                                                    
HCR 6                                                                                             
Representatives Seaton and Crawford added their names as cosponsors                                 
to:                                                                                                 
                                                                                                    
              CS FOR HOUSE CONCURRENT RESOLUTION NO. 6(FSH)                                        
    Relating to the continuation of the Joint Legislative Salmon                                    
    Industry Task Force until 2004.                                                                 
                                                                                                    
HB 21                                                                                             
Representative Seaton added his 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 49                                                                                             
Representative Seaton added his name as cosponsor to:                                               
                                                                                                    

2003-02-21                     House Journal                      Page 0275
    HOUSE BILL NO. 49                                                                               
    "An Act relating to the DNA identification registration system;                                 
    and providing for an effective date."                                                           
                                                                                                    
                               ENGROSSMENT                                                       
                                                                                                    
HCR 6                                                                                             
CSHCR 6(FSH) 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.                                 
                                                                                                    
                               ADJOURNMENT                                                       
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 11:00 a.m., February 24, 2003.  There being no                                  
objection, the House adjourned at 10:36 a.m.                                                        
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk