Legislature(2003 - 2004)

2003-03-03 House Journal

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2003-03-03                     House Journal                      Page 0351
                                                                                                    
                               HOUSE JOURNAL                                                     
                                                                                                    
                         ALASKA STATE LEGISLATURE                                                
                                                                                                    
                 TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                       
                                                                                                    
Juneau, Alaska                    Monday                   March 3, 2003                          
                                                                                                    
                             Forty-second Day                                                  
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 11:02 a.m.                                                                                  
                                                                                                    
Roll call showed 31 members present.  Representatives Coghill,                                      
Kerttula, and Kookesh had been previously excused from a call of the                                
House today.  There was one vacancy.                                                                
                                                                                                    
Representative Foster, Acting Majority Leader, moved and asked                                      
unanimous consent that Representatives Holm, Kohring, McGuire, and                                  
Wolf be excused from a call of the House today; and that                                            
Representative Whitaker be excused from a call of the House from                                    
today to evening plane time, March 7, 2003.  There being no                                         
objection, it was so ordered.                                                                       
                                                                                                    
                                                                                                    
The invocation was offered by the Chaplain, Pastor Ariel Yadao of                                   
Word of Life Christian Center.  Representative Fate moved and asked                                 
unanimous consent that the invocation be spread on the journal.  There                              
being no objection, it was so ordered.                                                              
                                                                                                    
         With the deepest respect for the religious beliefs of all                                 
     Alaskans, I offer the following prayer.                                                        
                                                                                                    
     Heavenly Father, I come to You in Jesus' Name.  I ask that                                     
     You grant Your wisdom, guidance, and understanding for                                         
     today's meeting.  May Your abundant blessing be upon us                                        
     now.  This I pray in Jesus' Name.  Amen.                                                       
                                                                                                    
The Pledge of Allegiance was led by Representative Seaton.                                          

2003-03-03                     House Journal                      Page 0352
                       CERTIFICATION OF THE JOURNAL                                              
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
journal for the 39th, 40th, and 41st 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 28, 2003, was read stating the Senate has                                  
accepted the House invitation to meet in joint session at noon,                                     
March 4, 2003, for limited confirmation of the Governor's appointees.                               
                                                                                                    
A message dated February 28, 2003, was read stating the Senate has                                  
accepted the House invitation to meet in joint session at 7:00 p.m.,                                
March 5, 2003, to hear the Governor's Budget Address.                                               
                                                                                                    
                                                                                                    
                      REPORTS OF STANDING COMMITTEES                                             
                                                                                                    
The Labor & Commerce Committee has reviewed the qualifications of                                   
the following and recommends the appointments be forwarded to a                                     
joint session for consideration:                                                                    
                                                                                                    
                              Dan F. Kennedy                                                       
                               Laura Welles                                                        
                                                                                                    
as members of the Alaska State Board of Public Accountancy.                                         
                                                                                                    
                                                                                                    
                             Michael W. Gordon                                                     
                                                                                                    
as a member of the Alcoholic Beverage Control Board.                                                
                                                                                                    
                                                                                                    
                            Robert E. Gilfilian                                                    
                              Kimberly Mills                                                       
                                                                                                    
as members of the State Board of Registration for Architects,                                       
Engineers, and Land Surveyors.                                                                      

2003-03-03                     House Journal                      Page 0353
                              Diana L. Straub                                                      
                                                                                                    
as a member of the Board of Barbers and Hairdressers.                                               
                                                                                                    
                                                                                                    
                              Sean C. Siegel                                                       
                                                                                                    
as a member of the Board of Chiropractic Examiners.                                                 
                                                                                                    
                                                                                                    
                           Dr. David L. Eichler                                                    
                           Dr. Robert E. Warren                                                    
                                                                                                    
as members of the Board of Dental Examiners.                                                        
                                                                                                    
                                                                                                    
                             Roberta Rawcliffe                                                     
                                                                                                    
as a member of the Board of Dispensing Opticians.                                                   
                                                                                                    
                                                                                                    
                                                                                                    
                         Captain David A. Anderson                                                 
                              Robert J. Arts                                                       
                                 Les Cronk                                                         
                                                                                                    
as members of the Board of Marine Pilots.                                                           
                                                                                                    
                                                                                                    
                            Dr. G. Bert Flaming                                                    
                              Debra I. Joslin                                                      
                              Dr. John Troxel                                                      
                                                                                                    
as members of the State Medical Board.                                                              
                                                                                                    
                                                                                                    
                               Mila Cosgrove                                                       
                                                                                                    
as a member of the Board of Certified Direct-Entry Midwives.                                        
                                                                                                    

2003-03-03                     House Journal                      Page 0354
                             Thomas N. Carter                                                      
                            Dr. John C. Cobbett                                                    
                                                                                                    
as members of the Board of Examiners in Optometry.                                                  
                                                                                                    
                                                                                                    
                               Mary Ann Paul                                                       
                                                                                                    
as a member of the State Physical Therapy and Occupational Therapy                                  
Board.                                                                                              
                                                                                                    
                                                                                                    
                            Stephanie I. Friese                                                    
                               Anne L. Henry                                                       
                                                                                                    
as members of the Board of Professional Counselors.                                                 
                                                                                                    
                                                                                                    
                              Steve MacSwain                                                       
                                                                                                    
as a member of the Board of Certified Real Estate Appraisers.                                       
                                                                                                    
                                                                                                    
                           Dr. Timothy L. Bowser                                                   
                            Dr. James L. Morris                                                    
                                                                                                    
as members of the Board of Veterinary Examiners.                                                    
                                                                                                    
                                                                                                    
                              Sally Ann Carey                                                      
                                Curtis Hall                                                        
                               Royce R. Rock                                                       
                             Dale R. Walaszek                                                      
                                                                                                    
as members of the Alaska Workers' Compensation Board.                                               
                                                                                                    
                                                                                                    
The reports were signed by Representative Anderson Chair; and                                       
Representatives Dahlstrom, Crawford, Guttenberg, and Rokeberg.                                      
                                                                                                    

2003-03-03                     House Journal                      Page 0355
The Resources Committee has reviewed the qualifications of the                                      
following and recommends the appointment be forwarded to a joint                                    
session for consideration:                                                                          
                                                                                                    
                                 Tom Irwin                                                         
                                                                                                    
as Commissioner of the Department of Natural Resources.                                             
                                                                                                    
The report was signed by Representative Fate, Co-chair; and                                         
Representatives Heinze, Guttenberg, Wolf, and Masek.                                                
                                                                                                    
HB 16                                                                                             
The Resources Committee has considered:                                                             
                                                                                                    
     HOUSE BILL NO. 16                                                                              
     "An Act amending the standards applicable to determining                                       
     whether, for purposes of the Alaska Stranded Gas Development                                   
     Act, a proposed new investment constitutes a qualified project,                                
     and repealing the deadline for applications relating to the                                    
     development of contracts for payments in lieu of taxes and for                                 
     royalty adjustments that may be submitted for consideration under                              
     that Act; and providing for an effective date."                                                
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 16(RES)                                                                  
     "An Act amending, for purposes of the Alaska Stranded Gas                                      
     Development Act, the standards applicable to determining                                       
     whether a proposed new investment constitutes a qualified project,                             
     the standards used to determine whether a person or group                                      
     qualifies as a project sponsor or project sponsor group, and the                               
     deadline for applications relating to the development of contracts                             
     for payments in lieu of taxes and for royalty adjustments that may                             
     be submitted for consideration, and modifying the conditions                                   
     bearing on the use of independent contractors to evaluate                                      
     applications or to develop contract terms; and providing for an                                
     effective date."                                                                               
                                                                                                    
The report was signed by Representative Fate, Co-chair, with the                                    
following individual recommendations:                                                               

2003-03-03                     House Journal                      Page 0356
Do pass (5):  Heinze, Masek, Wolf, Guttenberg, Fate                                                 
                                                                                                    
The following fiscal note(s) apply to CSHB 16(RES):                                                 
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
2.  Fiscal, Dept. of Natural Resources                                                              
3.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
HB 16 was referred to the Finance Committee.                                                        
                                                                                                    
                                                                                                    
HB 23                                                                                             
The Judiciary Committee has considered:                                                             
                                                                                                    
     HOUSE BILL NO. 23                                                                              
     "An Act relating to court-ordered restitution and compensation                                 
     following a criminal conviction."                                                              
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 23(JUD)                                                                  
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Gara, Gruenberg, Anderson, McGuire                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 23(JUD):                                                 
                                                                                                    
1.  Indeterminate, Dept. of Administration                                                          
                                                                                                    
HB 23 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
                       REPORTS OF SPECIAL COMMITTEES                                             
                                                                                                    
HB 113                                                                                            
The House Special Committee on Oil & Gas has considered:                                            
                                                                                                    

2003-03-03                     House Journal                      Page 0357
     HOUSE BILL NO. 113                                                                             
     "An Act extending the renewal period for oil discharge prevention                              
     and contingency plans; and providing for an effective date."                                   
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 113(O&G)                                                                 
     "An Act extending the renewal period and expiration date for oil                               
     discharge prevention and contingency plans; and providing for an                               
     effective date."                                                                               
                                                                                                    
The report was signed by Representative Kohring, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  McGuire, Rokeberg, Fate, Crawford, Kohring                                            
                                                                                                    
The following fiscal note(s) apply to CSHB 113(O&G):                                                
                                                                                                    
1.  Zero, Dept. of Environmental Conservation                                                       
2.  Zero, Dept. of Law                                                                              
                                                                                                    
HB 113 was referred to the Resources Committee.                                                     
                                                                                                    
                                                                                                    
HB 118                                                                                            
The House Special Committee on Fisheries has considered:                                            
                                                                                                    
     HOUSE BILL NO. 118                                                                             
     "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."                                                                                         
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 118(FSH)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative Seaton, Chair, with the                                     
following individual recommendations:                                                               

2003-03-03                     House Journal                      Page 0358
Do pass (4):  Heinze, Wilson, Guttenberg, Seaton                                                    
                                                                                                    
No recommendation (2):  Berkowitz, Samuels                                                          
                                                                                                    
The following fiscal note(s) apply to CSHB 118(FSH):                                                
                                                                                                    
1.  Zero, Dept. of Fish & Game                                                                      
2.  Indeterminate, Dept. of Law                                                                     
                                                                                                    
HB 118 was referred to the Resources Committee.                                                     
                                                                                                    
                                                                                                    
                         INTRODUCTION OF CITATIONS                                               
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Resource Center for Parents and Children, 30th                                           
Anniversary                                                                                         
By Representative Guttenberg                                                                        
                                                                                                    
In Memoriam - Anna LaVerne Griffin                                                                  
By Senators Green, Ogan                                                                             
                                                                                                    
                                                                                                    
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                              OF HOUSE BILLS                                                     
                                                                                                    
HB 142                                                                                            
HOUSE BILL NO. 142 by Representative Heinze, entitled:                                              
                                                                                                    
     "An Act relating to provider responsibility for ocular                                         
     postoperative care; and providing for an effective date."                                      
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Finance Committees.                                                                    
                                                                                                    
                                                                                                    
HB 143                                                                                            
HOUSE BILL NO. 143 by Representative Heinze, entitled:                                              

2003-03-03                     House Journal                      Page 0359
     "An Act relating to permanent fund dividend program notice                                     
     requirements and to the ineligibility for permanent fund dividends                             
     of certain persons sentenced for driving while under the influence                             
     of an alcoholic beverage, inhalant, or controlled substance, or for                            
     refusal to submit to a chemical test."                                                         
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
HB 144                                                                                            
HOUSE BILL NO. 144 by Representative Heinze, entitled:                                              
                                                                                                    
     "An Act relating to permanent fund dividend program notice                                     
     requirements and to the ineligibility for permanent fund dividends                             
     of certain persons sentenced for crimes involving mandatory                                    
     motor vehicle liability insurance."                                                            
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
HB 145                                                                                            
HOUSE BILL NO. 145 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to public interest litigants and to attorney fees;                            
     and amending Rule 82, Alaska Rules of Civil Procedure."                                        
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Law                                                                              
2.  Indeterminate, Dept. of Administration                                                          
                                                                                                    
                                                                                                    
The Governor's transmittal letter dated February 28, 2003, follows:                                 

2003-03-03                     House Journal                      Page 0360
"Dear Speaker Kott:                                                                                 
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill that would change the Alaska Rules of Civil                                     
Procedure as they apply to the award of attorney's fees.  First, the bill                           
provides for specific rules that govern the award of attorney's fees to                             
or against certain public interest litigants.  The bill does so by                                  
specifically requiring that any award of attorney's fees to or against                              
public interest litigants for cases contesting decisions by the                                     
Department of Environmental Conservation, the Department of Fish                                    
and Game, or the Department of Natural Resources making a coastal                                   
consistency determination, adopting regulations, or in which the public                             
had an opportunity to comment to the agency and seek administrative                                 
review before the agency, be governed by Alaska Rule of Civil                                       
Procedure 82 (Rule 82).  The bill would then amend Rule 82 to require                               
that attorney's fees be awarded to or against a public interest litigant in                         
those situations in the same manner as attorney's fees are awarded to                               
or against non-public interest litigants under Rule 82(b).  Second, the                             
bill provides, for all litigants, that in the absence of exceptional                                
circumstances, courts may award increased fees only for issues upon                                 
which a party prevailed.                                                                            
                                                                                                    
Under Rule 82, attorney's fees are awarded to the prevailing party.  By                             
rule, the attorney's fee awards are limited to a specified percentage of                            
the actual fees, with the precise percentage dependent upon a number                                
of factors, including whether the case is contested or goes to trial, and                           
whether or not a money judgment is received.  The complexity of the                                 
case and length of trial are among a list of other factors that may be                              
used by the court to vary the size of the award.  Upon consideration of                             
a variety of factors, a court may apportion fees based upon the issues                              
and whether a party prevailed.  In contrast, current Alaska case law                                
creates an exception to Rule 82 by which, in most circumstances,                                    
public interest litigants who prevail receive full attorney's fees, with no                         
apportionment by issue, but are not liable for an opposing party's fees                             
if the public interest litigant loses the case.                                                     
                                                                                                    
The attorney's fee exception for public interest litigants creates several                          
undesirable incentives when decisions of the state are called into                                  
question.  First, those seeking to preserve an action of the state have an                          
incentive to avoid litigation because of the possibility of full attorney's                         

2003-03-03                     House Journal                      Page 0361
fees being awarded against them.  This is compounded by the fact that                               
those seeking to overturn actions of the state have an affirmative                                  
incentive to take a chance on doubtful claims because they may win                                  
and earn large rewards in the form of full fees, without the                                        
counterbalancing risk of even partial fees being awarded against them.                              
This is of particular concern in the area of resource development                                   
where well-financed groups have sought to use litigation to impede the                              
state's efforts to proceed with the orderly development of its resources.                           
                                                                                                    
This bill would redress this imbalance in the narrow group of cases                                 
involving the resource agencies.                                                                    
                                                                                                    
I urge your prompt consideration and passage of this bill.                                          
                                                                                                    
                                Sincerely,                                                         
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                 Governor"                                                         
                                                                                                    
                    CONSIDERATION OF THE DAILY CALENDAR                                          
                                                                                                    
                       SECOND READING OF HOUSE BILLS                                             
                                                                                                    
HB 52                                                                                             
The following was read the second time:                                                             
                                                                                                    
     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."                                                             
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 STA RPT 6DP 1AM                                                        181                         
 FN1: ZERO(ADM)                                                         182                         
 FN2: ZERO(DPS)                                                         182                         
 JUD RPT CS(JUD) 7DP                                                    266                         

2003-03-03                     House Journal                      Page 0362
 FN1: ZERO(ADM)                                                         267                         
 FN2: ZERO(DPS)                                                         267                         
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     CS FOR HOUSE BILL NO. 52(JUD)                                                                  
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
The Speaker stated that, without objection, CSHB 52(JUD) would be                                   
held in second reading to the March 5, 2003, calendar.                                              
                                                                                                    
HB 74                                                                                             
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 74                                                                              
     "An Act extending the termination date of the Board of Nursing."                               
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 L&C RPT 6DP 1AM                                                        183                         
 FN1: (CED)                                                             183                         
 FIN RPT CS(FIN) 10DP                                                   334                         
 FN2: (CED)                                                             335                         
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     CS FOR HOUSE BILL NO. 74(FIN)                                                                  
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Foster moved and asked unanimous consent that CSHB                                   
74(FIN) be considered engrossed, advanced to third reading, and                                     
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSHB 74(FIN) was read the third time.                                                               
                                                                                                    

2003-03-03                     House Journal                      Page 0363
The question being:  "Shall CSHB 74(FIN) pass the House?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CSHB 74(FIN)                                                                                        
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  31   NAYS:  0   EXCUSED:  8   ABSENT:  0   VACANT:  1                                      
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft,                                      
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Joule, Kapsner, Kott, Lynn, Masek, Meyer, Morgan,                                   
Moses, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Williams,                                     
Wilson                                                                                              
                                                                                                    
Excused:  Coghill, Holm, Kerttula, Kohring, Kookesh, McGuire,                                       
Whitaker, Wolf                                                                                      
                                                                                                    
And so, CSHB 74(FIN) passed the House.                                                              
                                                                                                    
Representative Gruenberg later gave notice of reconsideration of the                                
vote on CSHB 74(FIN), and the reconsideration was taken up then.                                    
                                                                                                    
HB 82                                                                                             
The following was read the second time:                                                             
                                                                                                    
     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."                                                           
                                                                                                    
with the:                                                     Journal Page                          
                                                                                                    
 L&C RPT CS(L&C) NT 7DP                                                 212                         
 FN1: ZERO(LAW)                                                         213                         
 JUD RPT CS(L&C) NT 6DP                                                 300                         
 FN2: ZERO(LAW)                                                         301                         
 FN3: ZERO(DPS)                                                         301                         
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    

2003-03-03                     House Journal                      Page 0364
     CS FOR HOUSE BILL NO. 82(L&C)                                                                  
     "An Act making certain activity related to commercial electronic                               
     mail unlawful and an unfair method of competition or an unfair or                              
     deceptive act or practice under the Act enumerating unfair trade                               
     practices and consumer protections."                                                           
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Foster moved and asked unanimous consent that CSHB                                   
82(L&C) be considered engrossed, advanced to third reading, and                                     
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSHB 82(L&C) was read the third time.                                                               
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 82(L&C) pass the House?"  The                                      
roll was taken with the following result:                                                           
                                                                                                    
CSHB 82(L&C)                                                                                        
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  31   NAYS:  0   EXCUSED:  8   ABSENT:  0   VACANT:  1                                      
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft,                                      
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Joule, Kapsner, Kott, Lynn, Masek, Meyer, Morgan,                                   
Moses, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Williams,                                     
Wilson                                                                                              
                                                                                                    
Excused:  Coghill, Holm, Kerttula, Kohring, Kookesh, McGuire,                                       
Whitaker, Wolf                                                                                      
                                                                                                    
And so, CSHB 82(L&C) passed the House and was referred to the                                       
Chief Clerk for engrossment.                                                                        
                                                                                                    
                                                                                                    
                           LEGISLATIVE CITATIONS                                                 
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
House approve the citations on the calendar.  There being no                                        
objection, the following citations were approved and sent to enrolling:                             
                                                                                                    

2003-03-03                     House Journal                      Page 0365
Honoring - Jon Misewicz, Eagle Scout                                                                
By Representatives Coghill, Kott, Anderson, Berkowitz, Cissna,                                      
Crawford, Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg,                                           
Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula,                                 
Kohring, Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels,                                          
Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf                                        
                                                                                                    
Honoring - North Star Volunteer Fire Department                                                     
By Representatives Coghill, Kott, Anderson, Berkowitz, Cissna,                                      
Crawford, Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg,                                           
Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula,                                 
Kohring, Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels,                                          
Seaton, Stoltze, Williams, Wilson, Wolf                                                             
                                                                                                    
                                                                                                    
Honoring - The UAF Men's Basketball Team, 2002 BP Top of the                                        
World Classic Champions                                                                             
By Representatives Guttenberg, Kott, Anderson, Berkowitz, Cissna,                                   
Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg,                                  
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring,                                    
Kookesh, Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels,                                          
Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf                                        
                                                                                                    
                                                                                                    
Honoring - Susan B. English Volleyball Team, 2002 Class 1-2A West                                   
Champions                                                                                           
By Representatives Seaton, Kott, Anderson, Berkowitz, Cissna,                                       
Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg,                                        
Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula,                                 
Kohring, Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels,                                          
Stoltze, Weyhrauch, Williams, Wilson, Wolf                                                          
                                                                                                    
                                                                                                    
Honoring - Francis Pete, Sr., Alaska Recipient of the Head Start Father                             
of the Year                                                                                         
By Senator Olson; Representatives Foster, Kott, Anderson, Berkowitz,                                
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto,                                     
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer,                                         
Morgan, Rokeberg, Samuels, Seaton, Stoltze, Williams, Wilson, Wolf                                  
                                                                                                    

2003-03-03                     House Journal                      Page 0366
Honoring - Lisa B. Nelson                                                                           
By Senators Dyson, Davis; Representatives Gara, Kott, Anderson,                                     
Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gatto,                                      
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kerttula, Masek, McGuire, Meyer, Morgan, Rokeberg,                                         
Samuels, Seaton, Stoltze, Williams, Wilson, Wolf                                                    
                                                                                                    
                                                                                                    
Honoring - Warren Wilson                                                                            
By Senator Olson; Representatives Joule, Kott, Anderson, Berkowitz,                                 
Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg,                                
Guttenberg, Harris, Hawker, Heinze, Holm, Kapsner, Kerttula,                                        
Kookesh, Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels,                                          
Seaton, Stoltze, Williams, Wilson, Wolf                                                             
                                                                                                    
                                                                                                    
Honoring - Rafael S. Castanos                                                                       
By Senator Taylor; Representatives Weyhrauch, Wilson, Kott,                                         
Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm,                                   
Joule, Kapsner, Kerttula, Masek, McGuire, Meyer, Morgan, Rokeberg,                                  
Samuels, Seaton, Stoltze, Williams, Wolf                                                            
                                                                                                    
                                                                                                    
In Memoriam - William Robert Keys                                                                   
By Representatives Coghill, Kott, Anderson, Berkowitz, Cissna,                                      
Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg,                                   
Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula,                                 
Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels, Seaton,                                           
Stoltze, Williams, Wilson, Wolf                                                                     
                                                                                                    
                                                                                                    
In Memoriam - Celebrating the Life of Alaskan Artist, Fred                                          
Machetanz                                                                                           
By Representatives Kohring, Gatto, Masek, Stoltze, Harris,                                          
Dahlstrom, Kott, Anderson, Berkowitz, Cissna, Coghill, Crawford,                                    
Croft, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Hawker,                                    
Heinze, Holm, Joule, Kapsner, Kerttula, McGuire, Meyer, Morgan,                                     
Rokeberg, Samuels, Seaton, Weyhrauch, Williams, Whitaker, Wilson,                                   
Wolf; Senators Ogan, Green, Therriault                                                              
                                                                                                    

2003-03-03                     House Journal                      Page 0367
In Memoriam - Leo Franklin Rhode                                                                    
By Representatives Seaton, Kott, Anderson, Berkowitz, Cissna,                                       
Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg,                                
Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula,                                 
Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels, Stoltze,                                          
Williams, Wilson, Wolf                                                                              
                                                                                                    
In Memoriam - Billy Joe Smart                                                                       
By Senator Taylor; Representatives Kott, Anderson, Berkowitz,                                       
Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto,                                   
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kerttula, Masek, McGuire, Meyer, Morgan, Rokeberg,                                         
Samuels, Seaton, Stoltze, Williams, Wilson, Wolf                                                    
                                                                                                    
                                                                                                    
                            UNFINISHED BUSINESS                                                  
                                                                                                    
HB 118                                                                                            
The Speaker added a Finance Committee referral to follow the                                        
Resources Committee referral for the following:                                                     
                                                                                                    
     HOUSE BILL NO. 118                                                                             
     "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."                                                                                         
                                                                                                    
HB 118 is in the Resources Committee.                                                               
                                                                                                    
                                                                                                    
HB 23                                                                                             
The Speaker added a Finance Committee referral for the following:                                   
                                                                                                    
     HOUSE BILL NO. 23                                                                              
     "An Act relating to court-ordered restitution and compensation                                 
     following a criminal conviction."                                                              
                                                                                                    
HB 23 was removed from the Rules Committee and referred to the                                      
Finance Committee.                                                                                  
                                                                                                    

2003-03-03                     House Journal                      Page 0368
                              RECONSIDERATION                                                    
                                                                                                    
HB 74                                                                                             
Representative Gruenberg gave notice of reconsideration of the vote                                 
on CSHB 74(FIN) (page 363).                                                                         
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
the reconsideration of CSHB 74(FIN) be taken up on the same day.                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
The following was again before the House in third reading:                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 74(FIN)                                                                  
     "An Act extending the termination date of the Board of Nursing."                               
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
CSHB 74(FIN) be returned to second reading for the specific purpose                                 
of considering Amendment No. 1.  There being no objection, it was so                                
ordered.                                                                                            
                                                                                                    
Amendment No. 1 was offered by Representatives Gruenberg,                                           
Dahlstrom, and Wilson:                                                                              
                                                                                                    
Page 1, line 1, following "Nursing" (title amendment):                                            
 Insert "; and providing for an effective date"                                                   
                                                                                                    
Page 1, following line 4:                                                                           
 Insert a new bill section to read:                                                                 
   "* Sec. 2.  This Act takes effect immediately under                                            
 AS 01.10.070(c)."                                                                                  
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
The following was again before the House in third reading:                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 74(FIN)(efd add)                                                         
     "An Act extending the termination date of the Board of Nursing;                                
     and providing for an effective date."                                                          
                                                                                                    

2003-03-03                     House Journal                      Page 0369
The question to be reconsidered:  "Shall CSHB 74(FIN)(efd add) pass                                 
the House?"  The roll was taken with the following result:                                          
                                                                                                    
CSHB 74(FIN)(efd add)--RECONSIDERATION                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  30   NAYS:  0   EXCUSED:  8   ABSENT:  1   VACANT:  1                                      
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft,                                      
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Joule, Kott, Lynn, Masek, Meyer, Morgan, Moses,                                     
Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson                                     
                                                                                                    
Excused:  Coghill, Holm, Kerttula, Kohring, Kookesh, McGuire,                                       
Whitaker, Wolf                                                                                      
                                                                                                    
Absent:  Kapsner                                                                                    
                                                                                                    
And so, CSHB 74(FIN)(efd add) passed the House on reconsideration.                                  
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
the roll call on the passage of the bill be considered the roll call on the                         
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
CSHB 74(FIN)(efd add) was referred to the Chief Clerk for                                           
engrossment.                                                                                        
                                                                                                    
                                                                                                    
                            UNFINISHED BUSINESS                                                  
                                                                                                    
HB 23                                                                                             
Representative Lynn added his name as cosponsor to:                                                 
                                                                                                    
     HOUSE BILL NO. 23                                                                              
     "An Act relating to court-ordered restitution and compensation                                 
     following a criminal conviction."                                                              
                                                                                                    
                                                                                                    
HB 52                                                                                             
Representatives Samuels and Hawker added their names as cosponsors                                  
to:                                                                                                 
                                                                                                    

2003-03-03                     House Journal                      Page 0370
     CS FOR HOUSE BILL NO. 52(JUD)                                                                  
     "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."                                                             
                                                                                                    
HB 74                                                                                             
Representatives Heinze and Cissna added their names as cosponsors                                   
to:                                                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 74(FIN)(efd add)                                                         
     "An Act extending the termination date of the Board of Nursing;                                
     and providing for an effective date."                                                          
                                                                                                    
HB 82                                                                                             
Representatives Hawker and Gara added their names as cosponsors to:                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 82(L&C)                                                                  
     "An Act making certain activity related to commercial electronic                               
     mail unlawful and an unfair method of competition or an unfair or                              
     deceptive act or practice under the Act enumerating unfair trade                               
     practices and consumer protections."                                                           
                                                                                                    
HB 115                                                                                            
Representative Dahlstrom added her name as cosponsor to:                                            
                                                                                                    
     HOUSE BILL NO. 115                                                                             
     "An Act extending the termination date of the Alaska Minerals                                  
     Commission."                                                                                   
                                                                                                    
HB 128                                                                                            
Representative Chenault added his name as cosponsor to:                                             
                                                                                                    
     HOUSE BILL NO. 128                                                                             
     "An Act relating to strikes by employees of a municipal school                                 
     district, a regional educational attendance area, or a state boarding                          
     school, and requiring notice of at least 72 hours of a strike by                               
     those employees."                                                                              
                                                                                                    

2003-03-03                     House Journal                      Page 0371
                                ENGROSSMENT                                                      
                                                                                                    
HB 74                                                                                             
CSHB 74(FIN)(efd add) was engrossed, signed by the Speaker and                                      
Chief Clerk and transmitted to the Senate for consideration.                                        
                                                                                                    
HB 82                                                                                             
CSHB 82(L&C) was engrossed, signed by the Speaker and Chief                                         
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
                               ANNOUNCEMENTS                                                     
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
The following meeting today has been changed as indicated:                                          
                                                                                                    
Judiciary Committee                                                                                 
CANCELED:                                                    1:00 p.m., 3/3                         
                                                                                                    
                                ADJOURNMENT                                                      
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
House adjourn until 11:45 a.m., March 4, 2003, for a joint session.                                 
There being no objection, the House adjourned at 12:09 p.m.                                         
                                                                                                    
                                              Suzi Lowell                                           
                                              Chief Clerk                                           

2003-03-03                     House Journal                      Page 0372
                            HOUSE JOURNAL INDEX                                                  
                                                                                                    
HB  16        355-356                                                                               
HB  23        356, 367, 369                                                                         
HB  52 361-362, 369-370                                                                             
HB  74 362-363, 368-371                                                                             
HB  82 363-364, 370-371                                                                             
HB 113        356-357                                                                               
HB 115        370                                                                                   
HB 118        357-358, 367                                                                          
HB 128        370                                                                                   
HB 142        358                                                                                   
HB 143        358-359                                                                               
HB 144        359                                                                                   
HB 145        359-361