Legislature(2003 - 2004)

2003-02-24 House Journal

Full Journal pdf

2003-02-24                     House Journal                      Page 0281
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
               TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                         
                                                                                                    
Juneau, Alaska                   Monday             February 24, 2003                             
                                                                                                    
                           Thirty-fifth Day                                                    
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 11:07 a.m.                                                                                  
                                                                                                    
Roll call showed 38 members present.  Representative Kerttula had                                   
been previously excused from a call of the House today.  There was                                  
one vacancy.                                                                                        
                                                                                                    
The invocation was offered by the Chaplain, Pastor Patrick Brayton of                               
Valley Chapel.  Representative Fate 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 to God.                                                      
                                                                                                    
    Heavenly Father, I come to You in Jesus' Name to pray for                                       
    these, our representatives, and for the state of Alaska.  Please                                
    grant them Your favor as they carry out the duties of their                                     
    office.  Give them Your wisdom so they will steer us in the                                     
    way of Your blessings and give them Your humility so they                                       
    will be able to place the good of the people above their                                        
    personal gain.  I pray, Lord, for Your blessings to come also                                   
    into their personal lives.  May they and their families enjoy                                   
    health and prosperity from Your hands.  Please watch over                                       
    their loved ones and fill their homes with Your peace and                                       
    love.  May the natural stress that comes with political office                                  
    be moderated by the sense of Your presence and Your guiding                                     
    hand.  Bless them, Father, and bless the people of Alaska                                       
    through them.  In Jesus' Name.  Amen.                                                           

2003-02-24                     House Journal                      Page 0282
The Pledge of Allegiance was led by Representative Moses.                                           
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 32nd, 33rd, and 34th legislative days be approved as                                
certified by the Chief Clerk.  There being no objection, it was so                                  
ordered.                                                                                            
                                                                                                    
                       MESSAGES FROM THE SENATE                                                  
                                                                                                    
A message dated February 21, 2003, was read stating the Senate has                                  
passed the following and it is transmitted for consideration:                                       
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                         OF SENATE RESOLUTIONS                                                   
                                                                                                    
SCR 5                                                                                             
SENATE CONCURRENT RESOLUTION NO. 5 by Senators Ben                                                  
Stevens, Ellis, Dyson, Lincoln, French, Wagoner, Davis, Elton,                                      
Taylor, Guess, Bunde, Wilken, Cowdery, Seekins, Ogan, Olson, and                                    
Gary Stevens:                                                                                       
                                                                                                    
    Relating to declaring March 2003 as Sobriety Awareness Month.                                   
                                                                                                    
was read the first time and is on today's calendar.                                                 
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
HB 46                                                                                             
The State Affairs Committee has considered:                                                         
                                                                                                    
    HOUSE BILL NO. 46                                                                               
    "An Act relating to ballots."                                                                   
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 46(STA)                                                                   
    "An Act relating to printing of ballot titles and propositions on                               
    primary election ballots."                                                                      
                                                                                                    

2003-02-24                     House Journal                      Page 0283
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Seaton, Gruenberg, Holm, Lynn, Dahlstrom                                              
                                                                                                    
No recommendation (2):  Berkowitz, Weyhrauch                                                        
                                                                                                    
The following fiscal note(s) apply to CSHB 46(STA):                                                 
                                                                                                    
1.  Zero, Office of the Governor                                                                    
                                                                                                    
HB 46 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
HB 64                                                                                             
The State Affairs Committee has considered:                                                         
                                                                                                    
    HOUSE BILL NO. 64                                                                               
    "An Act relating to court approval of the purchase of structured                                
    settlements."                                                                                   
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 64(STA)                                                                   
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Gruenberg, Holm, Lynn, Dahlstrom, Weyhrauch                                           
                                                                                                    
No recommendation (1):  Berkowitz                                                                   
                                                                                                    
Amend (1):  Seaton                                                                                  
                                                                                                    
The following fiscal note(s) apply to CSHB 64(STA):                                                 
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
HB 64 was referred to the Judiciary Committee.                                                      
                                                                                                    

2003-02-24                     House Journal                      Page 0284
HB 91                                                                                             
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    HOUSE BILL NO. 91                                                                               
    "An Act relating to a cost-of-living allowance and medical                                      
    benefits for retired peace officers after 20 years of credited                                  
    service."                                                                                       
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Gatto, Crawford, Guttenberg, Anderson                                                 
                                                                                                    
No recommendation (1):  Rokeberg                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Indeterminate, Dept. of Administration                                                          
                                                                                                    
HB 91 was referred to the Finance Committee.                                                        
                                                                                                    
                                                                                                    
SJR 4                                                                                             
The Resources Committee has considered:                                                             
                                                                                                    
    SENATE JOINT RESOLUTION NO. 4                                                                   
    Urging the United States Congress to pass legislation to open the                               
    coastal plain of the Arctic National Wildlife Refuge, Alaska, to oil                            
    and gas exploration, development, and production.                                               
                                                                                                    
The report was signed by Representative Chenault, Co-chair, with the                                
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Gatto, Wolf, Masek, Heinze, Guttenberg, Chenault                                      
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Natural Resources                                                                
2.  Zero, Dept. of Revenue                                                                          
                                                                                                    

2003-02-24                     House Journal                      Page 0285
SJR 4 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House recess for a meeting of the Committee on Committees.  There                                   
being no objection, the House recessed at 11:30 a.m.                                                
                                                                                                    
                             AFTER RECESS                                                        
                                                                                                    
The Speaker called the House back to order at 11:42 a.m.                                            
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
The following report of the Committee on Committees, dated                                          
February 24, 2003, was read:                                                                        
                                                                                                    
The Committee on Committees has met and submits the name of                                         
Representative Chenault to serve on the Finance Committee replacing                                 
Representative Gary Stevens.                                                                        
                                                                                                    
The report was signed by Representative Kott, Chair; and                                            
Representatives Coghill, Rokeberg, Harris, Williams, and Berkowitz.                                 
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adopt the Committee on Committees report.  There being no                                     
objection, it was so ordered.                                                                       
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Prudential Spirit of Community Awards, Latoya Barrett                                    
By Senator French; Representative Croft                                                             
                                                                                                    
In Memoriam - Jeannie Ratchner                                                                      
By Representative Rokeberg                                                                          
                                                                                                    
In Memoriam - Norman Richard Bucy                                                                   
By Representative Rokeberg                                                                          
                                                                                                    

2003-02-24                     House Journal                      Page 0286
In Memoriam - Dorothy Mary Volkheimer "Doe-Doe"                                                     
By Representative Joule                                                                             
                                                                                                    
In Memoriam - Larry L. Clendenen                                                                    
By Representative Seaton                                                                            
                                                                                                    
In Memoriam - Jonathan Bruce Perry                                                                  
By Representative Seaton                                                                            
                                                                                                    
The following citation was introduced and taken up later as a Special                               
Order of Business:                                                                                  
                                                                                                    
Honoring - Representative Jeannette James                                                           
By Representative Coghill                                                                           
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                            OF HOUSE BILLS                                                       
                                                                                                    
HB 119                                                                                            
HOUSE BILL NO. 119 by Representative Coghill, entitled:                                             
                                                                                                    
    "An Act permitting grants to certain regulated public utilities for                             
    water quality enhancement projects and water supply and                                         
    wastewater systems."                                                                            
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    
HB 120                                                                                            
HOUSE BILL NO. 120 by Representative Coghill, entitled:                                             
                                                                                                    
    "An Act excluding service contracts from regulation as insurance;                               
    and providing for an effective date."                                                           
                                                                                                    
was read the first time and referred to the Labor & Commerce                                        
Committee.                                                                                          
                                                                                                    
HB 121                                                                                            
HOUSE BILL NO. 121 by Representative Moses by request, entitled:                                    
                                                                                                    

2003-02-24                     House Journal                      Page 0287
    "An Act relating to the removal of and access to certain recorded                               
    documents."                                                                                     
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Military & Veterans' Affairs and the State Affairs Committee.                                       
                                                                                                    
HB 122                                                                                            
HOUSE BILL NO. 122 by Representative Moses by request, entitled:                                    
                                                                                                    
    "An Act relating to public school education programs on the abuse                               
    of alcohol and drugs."                                                                          
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Education and the Health, Education & Social Services Committee.                                    
                                                                                                    
HB 123                                                                                            
HOUSE BILL NO. 123 by Representative Moses, entitled:                                               
                                                                                                    
    "An Act relating to the allocation of money appropriated to the                                 
    Alaska Human Resource Investment Council; and providing for                                     
    an effective date."                                                                             
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
HB 124                                                                                            
HOUSE BILL NO. 124 by Representative Holm, entitled:                                                
                                                                                                    
    "An Act relating to commercial motor vehicle drivers and their                                  
    employers and to railroad-highway grade crossings; and providing                                
    for an effective date."                                                                         
                                                                                                    
was read the first time and referred to the Transportation Committee.                               
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 71                                                                                             
The following was read the second time:                                                             
                                                                                                    

2003-02-24                     House Journal                      Page 0288
    HOUSE BILL NO. 71                                                                               
    "An Act extending the termination date of the Board of Certified                                
    Direct-Entry Midwives."                                                                         
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 L&C RPT 7DP                                                         182                            
 FN1: (CED)                                                          182                            
 FIN RPT 8DP 1NR                                                     267                            
 FN1: (CED)                                                          268                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
HB 71 be considered engrossed, advanced to third reading, and placed                                
on final passage.  There being no objection, it was so ordered.                                     
                                                                                                    
HB 71 was read the third time.                                                                      
                                                                                                    
The question being:  "Shall HB 71 pass the House?"  The roll was                                    
taken with the following result:                                                                    
                                                                                                    
HB 71                                                                                               
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  1   ABSENT:  1   VACANT:  1                                      
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kohring, Kookesh,                                     
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels,                                       
Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf                                        
                                                                                                    
Excused:  Kerttula                                                                                  
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, HB 71 passed the House and was referred to the Chief Clerk                                  
for engrossment.                                                                                    
                                                                                                    
                 SECOND READING OF SENATE RESOLUTIONS                                            
                                                                                                    
SCR 5                                                                                             
The following was read the second time:                                                             

2003-02-24                     House Journal                      Page 0289
    SENATE CONCURRENT RESOLUTION NO. 5                                                              
    Relating to declaring March 2003 as Sobriety Awareness Month.                                   
                                                                                                    
The question being:  "Shall SCR 5 pass the House?"  The roll was                                    
taken with the following result:                                                                    
                                                                                                    
SCR 5                                                                                               
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  1   ABSENT:  1   VACANT:  1                                      
                                                                                                    
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kohring, Kookesh,                                     
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels,                                       
Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf                                        
                                                                                                    
Excused:  Kerttula                                                                                  
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
                                                                                                    
And so, SCR 5 passed the House, was signed by the Speaker and                                       
Chief Clerk and returned to the Senate.                                                             
                                                                                                    
                                                                                                    
                         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 - Juneau-Douglas High School Crimson Bears 2002 Men's                                      
State Swimming and Diving Champions                                                                 
By Senator Elton; Representatives Weyhrauch, Kerttula, Kott,                                        
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Hawker, Joule,                                       
Kohring, Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels,                                          
Seaton, Stoltze, Williams, Wilson, Wolf                                                             
                                                                                                    

2003-02-24                     House Journal                      Page 0290
Honoring - Judge Thomas Jahnke                                                                      
By Senator Taylor; Representatives Williams, Wilson, Kott,                                          
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Dahlstrom, Foster, Gara, Gruenberg, Guttenberg, Hawker, Joule,                                      
Kerttula, Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels,                                         
Seaton, Weyhrauch, Wolf                                                                             
                                                                                                    
Honoring - Sheldon Jackson College                                                                  
By Senator Taylor; Representatives Wilson, Kott, Anderson,                                          
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Gara, Gruenberg, Guttenberg, Hawker, Joule, Kerttula, Kohring,                                      
Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels, Seaton,                                           
Stoltze, Weyhrauch, Williams, Wolf                                                                  
                                                                                                    
In Memoriam - Devon' Earl Alexander                                                                 
By Representatives Foster, Kott, Anderson, Berkowitz, Chenault,                                     
Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg,                                
Guttenberg, Hawker, Joule, Kerttula, Masek, McGuire, Meyer,                                         
Morgan, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Williams,                                    
Wilson, Wolf                                                                                        
                                                                                                    
In Memoriam - Charles Madison Binkley "Captain Jim"                                                 
By Representatives Holm, Fate, Kott, Anderson, Berkowitz, Chenault,                                 
Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto,                                   
Gruenberg, Guttenberg, Hawker, Joule, Kerttula, Kohring, Masek,                                     
McGuire, Meyer, Morgan, Rokeberg, Samuels, Seaton, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
In Memoriam - Virginia B. Gross                                                                     
By Senator Davis; Representatives Kott, Anderson, Berkowitz,                                        
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara,                                
Gatto, Gruenberg, Guttenberg, Hawker, Joule, Kerttula, Masek,                                       
McGuire, Meyer, Morgan, Rokeberg, Samuels, Seaton, Williams,                                        
Wilson, Wolf                                                                                        
                                                                                                    
In Memoriam - David Chatfield Kepler                                                                
By Senators Ogan, Green; Representatives Gatto, Stoltze, Kott,                                      
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Dahlstrom, Foster, Gara, Gruenberg, Guttenberg, Hawker, Joule,                                      
Kerttula, Kohring, Masek, McGuire, Meyer, Morgan, Rokeberg,                                         
Samuels, Seaton, Williams, Wilson, Wolf                                                             

2003-02-24                     House Journal                      Page 0291
                          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 Kott - from 2:00 p.m., February 28 to evening plane                                  
time, March 2, 2003                                                                                 
                                                                                                    
Representative Lynn - from 2:00 p.m., February 28 to evening plane                                  
time, March 2, 2003                                                                                 
                                                                                                    
Representative Meyer - from 2:00 p.m., February 28 to evening plane                                 
time, March 2, 2003                                                                                 
                                                                                                    
Representative Weyhrauch - from 2:00 p.m., February 28 to evening                                   
plane time, March 2, 2003                                                                           
                                                                                                    
Representative Gatto - from 7:00 p.m., February 27 to 11:00 p.m.,                                   
February 28, 2003                                                                                   
                                                                                                    
Representative Coghill - from noon, February 28 to evening plane                                    
time, March 3, 2003                                                                                 
                                                                                                    
Representative Harris - from noon, February 28 to evening plane time,                               
March 2, 2003                                                                                       
                                                                                                    
Representative Kohring - from noon, February 28 to evening plane                                    
time, March 2, 2003                                                                                 
                                                                                                    
                                                                                                    
                       SPECIAL ORDER OF BUSINESS                                                 
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
notice and publication requirements be waived and the citation,                                     
Honoring - Representative Jeannette James, be taken up as a Special                                 
Order of Business at this time.  There being no objection, it was so                                
ordered.                                                                                            
                                                                                                    

2003-02-24                     House Journal                      Page 0292
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 - Representative Jeannette James                                                           
By Representatives Coghill, Kott, Anderson, Berkowitz, Chenault,                                    
Cissna, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto,                                      
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire, Meyer,                                   
Morgan, Moses, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch,                                       
Whitaker, Williams, Wilson, Wolf                                                                    
                                                                                                    
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HJR 11                                                                                            
Representative Croft added his name as cosponsor to:                                                
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 11                                                                   
    Proposing an amendment to the Constitution of the State of                                      
    Alaska relating to open meetings.                                                               
                                                                                                    
HB 82                                                                                             
Representative McGuire added her name as cosponsor to:                                              
                                                                                                    
    HOUSE BILL NO. 82                                                                               
    "An Act making certain activities related to commercial electronic                              
    mail unlawful as unfair methods of competition or unfair or                                     
    deceptive acts or practices under the Act enumerating unfair trade                              
    practices and consumer protections."                                                            
                                                                                                    
HB 91                                                                                             
Representatives Crawford and Guttenberg added their names as                                        
cosponsors to:                                                                                      
                                                                                                    
    HOUSE BILL NO. 91                                                                               
    "An Act relating to a cost-of-living allowance and medical                                      
    benefits for retired peace officers after 20 years of credited                                  
    service."                                                                                       
                                                                                                    

2003-02-24                     House Journal                      Page 0293
HB 115                                                                                            
Representatives Croft and Gara added their names as cosponsors to:                                  
                                                                                                    
    HOUSE BILL NO. 115                                                                              
    "An Act extending the termination date of the Alaska Minerals                                   
    Commission."                                                                                    
                                                                                                    
SCR 5                                                                                             
Representatives Rokeberg, Lynn, Gruenberg, and Samuels added their                                  
names as cross sponsors to:                                                                         
                                                                                                    
    SENATE CONCURRENT RESOLUTION NO. 5                                                              
    Relating to declaring March 2003 as Sobriety Awareness Month.                                   
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HB 71                                                                                             
HB 71 was engrossed, signed by the Speaker and Chief Clerk and                                      
transmitted to the Senate for consideration.                                                        
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
The following meeting today has been changed as indicated:                                          
                                                                                                    
Resources Committee                                      1:00 p.m., 2/24                            
HB 86 HEARING CANCELED                                                                              
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., February 26, 2003.  There being no                                  
objection, the House adjourned at 12:14 p.m.                                                        
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk