Legislature(2003 - 2004)

2003-03-12 House Journal

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2003-03-12                     House Journal                      Page 0503
                                                                                                    
                              HOUSE JOURNAL                                                      
                                                                                                    
                         ALASKA STATE LEGISLATURE                                                
                                                                                                    
                TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                        
                                                                                                    
Juneau, Alaska                  Wednesday                March 12, 2003                           
                                                                                                    
                             Fifty-first Day                                                   
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 10:07 a.m.                                                                                  
                                                                                                    
Roll call showed 37 members present.  Representative Croft was                                      
absent and his presence was noted later.  There was one vacancy.                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Whitaker be excused from a call of the House today to                                
evening plane time, March 23, 2003.  There being no objection, it was                               
so ordered.                                                                                         
                                                                                                    
The invocation was offered by the Chaplain, Pema Thinley, Buddhist                                  
Monk from Bhutan.  Representative Weyhrauch moved and asked                                         
unanimous consent that the invocation be spread on the journal.  There                              
being no objection, it was so ordered.                                                              
                                                                                                    
     I am praying these words from the bottom of my heart for the                                   
     triple gems:  Buddha, Dharma, and Sangha.  The same sky is                                     
     everywhere and embraces all living things.  All living beings                                  
     are my mother and my father.  Please take them to be with                                      
     you, Buddha.                                                                                   
                                                                                                    
     May the world have peace and our leaders have compassion                                       
     and wisdom to protect all living things.  May there be peace                                   
     and comfort and compassion for the future generations.                                         
     Thank you.                                                                                     
                                                                                                    
The Pledge of Allegiance was led by Representative Gara.                                            
                                                                                                    

2003-03-12                     House Journal                      Page 0504
                       CERTIFICATION OF THE JOURNAL                                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 49th and 50th 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 March 10, 2003, was read stating the Senate has                                     
passed the following and it is transmitted for consideration:                                       
                                                                                                    
                       FIRST READING AND REFERENCE                                               
                             OF SENATE BILLS                                                     
                                                                                                    
SB 74                                                                                             
CS FOR SENATE BILL NO. 74(RES) am by the Senate Resources                                           
Committee, entitled:                                                                                
                                                                                                    
     "An Act extending the renewal period for oil discharge prevention                              
     and contingency plans; and providing for an effective date."                                   
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                              COMMUNICATIONS                                                     
                                                                                                    
Letters of disclosure, as required by AS 24.60, were published in                                   
House Journal Supplement No. 2 and House and Senate Joint Journal                                   
Supplement No. 6.                                                                                   
                                                                                                    
                                                                                                    
                      REPORTS OF STANDING COMMITTEES                                             
                                                                                                    
The State Affairs Committee has reviewed the qualifications of the                                  
following and recommends the appointments be forwarded to a joint                                   
session for consideration:                                                                          
                                                                                                    
                           Paulette M. Simpson                                                     
                                                                                                    
as a member of the Personnel Board.                                                                 
                                                                                                    

2003-03-12                     House Journal                      Page 0505
                              Larry D. Wood                                                        
                                                                                                    
as a member of the Alaska Public Offices Commission.                                                
                                                                                                    
The reports were signed by Representative Weyhrauch, Chair; and                                     
Representatives Holm, Lynn, Dahlstrom, Berkowitz, Seaton, and                                       
Gruenberg.                                                                                          
                                                                                                    
EO 108                                                                                            
The State Affairs Committee has considered the following and                                        
recommends approval:                                                                                
                                                                                                    
     EXECUTIVE ORDER NO. 108                                                                        
     Transferring functions as set out in the Order to the Department of                            
     Health and Social Services.                                                                    
                                                                                                    
The report was signed by Representative Weyhrauch, Chair; and                                       
Representatives Seaton, Dahlstrom, Lynn, Berkowitz, and Holm.                                       
                                                                                                    
HB 2                                                                                              
The Judiciary Committee has considered:                                                             
                                                                                                    
     HOUSE BILL NO. 2                                                                               
     "An Act relating to the statute of limitations for certain civil                               
     actions; and providing for an effective date."                                                 
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 2(JUD)                                                                   
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Holm, Gara, Gruenberg, Anderson, Samuels, McGuire                                     
                                                                                                    
The following fiscal note(s) apply to CSHB 2(JUD):                                                  
                                                                                                    
1.  Zero, Alaska Court System                                                                       
2.  Zero, Dept. of Law                                                                              
                                                                                                    

2003-03-12                     House Journal                      Page 0506
HB 2 was referred to the Finance Committee.                                                         
                                                                                                    
HB 14                                                                                             
The Finance Committee has considered:                                                               
                                                                                                    
     HOUSE BILL NO. 14                                                                              
     "An Act relating to an absence from the state while providing care                             
     for a terminally ill grandparent for purposes of determining                                   
     eligibility for a permanent fund dividend; and providing for an                                
     effective date."                                                                               
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (7):  Meyer, Hawker, Moses, Whitaker, Foster, Harris,                                       
Williams                                                                                            
                                                                                                    
No recommendation (1):  Stoltze                                                                     
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
                                                                                                    
HB 14 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
HB 36                                                                                             
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     HOUSE BILL NO. 36                                                                              
     "An Act relating to electronic mail activities and making certain                              
     electronic mail activities unfair methods of competition or unfair                             
     or deceptive acts or practices under the Act enumerating unfair                                
     trade practices and consumer protections."                                                     
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 36(L&C)                                                                  
     "An Act relating to unlawful electronic mail activities and making                             
     certain electronic mail activities unfair methods of competition or                            

2003-03-12                     House Journal                      Page 0507
     unfair or deceptive acts or practices under the state's unfair trade                           
     practices and consumer protection laws; and providing for an                                   
     effective date."                                                                               
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Lynn, Gatto, Crawford, Guttenberg, Dahlstrom,                                         
Anderson                                                                                            
                                                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 36(L&C):                                                 
                                                                                                    
1.  Zero, Dept. of Law                                                                              
                                                                                                    
HB 36 was referred to the Judiciary Committee.                                                      
                                                                                                    
                                                                                                    
HB 118                                                                                            
The Resources Committee 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(RES)                                                                 
     (same title)                                                                                   
                                                                                                    
                                                                                                    
The report was signed by Representative Masek, Vice Chair, with the                                 
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Lynn, Heinze, Guttenberg, Kerttula, Wolf, Masek                                       
                                                                                                    
Amend (1):  Gatto                                                                                   
                                                                                                    

2003-03-12                     House Journal                      Page 0508
The following fiscal note(s) apply to CSHB 118(RES):                                                
                                                                                                    
1.  Zero, Dept. of Fish & Game                                                                      
3.  Zero, Dept. of Law                                                                              
                                                                                                    
HB 118 was referred to the Finance Committee.                                                       
                                                                                                    
HB 147                                                                                            
The Transportation Committee has considered:                                                        
                                                                                                    
     HOUSE BILL NO. 147                                                                             
     "An Act naming the William Ransom Wood Centennial Bridge in                                    
     Fairbanks."                                                                                    
                                                                                                    
The report was signed by Representatives Holm and Masek, Co-                                        
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (4):  Heinze, Kohring, Holm, Masek                                                          
                                                                                                    
No recommendation (1):  Kapsner                                                                     
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Transportation & Public Facilities                                               
                                                                                                    
HB 147 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
SB 20                                                                                             
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     CS FOR SENATE BILL NO. 20(FIN)                                                                 
     "An Act relating to the Board of Marine Pilots and to marine                                   
     pilotage; extending the termination date of the Board of Marine                                
     Pilots; and providing for an effective date."                                                  
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    

2003-03-12                     House Journal                      Page 0509
Do pass (6):  Lynn, Gatto, Crawford, Guttenberg, Dahlstrom,                                         
Anderson                                                                                            
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Community & Economic Development                                               
                                                                                                    
CSSB 20(FIN) was referred to the Finance Committee.                                                 
                                                                                                    
SB 51                                                                                             
The Community & Regional Affairs Committee has considered:                                          
                                                                                                    
     SENATE BILL NO. 51                                                                             
     "An Act relating to revenue bonds issued by the Alaska Municipal                               
     Bond Bank Authority and the total amount of bonds and notes                                    
     outstanding of that authority; and providing for an effective date."                           
                                                                                                    
The report was signed by Representative Wolf, Vice Chair; with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Chenault, Anderson, Samuels, Cissna, Wolf                                             
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
2.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
SB 51 was referred to the Finance Committee.                                                        
                                                                                                    
                                                                                                    
                      REPORTS OF SPECIAL COMMITTEES                                              
                                                                                                    
HB 105                                                                                            
The House Special Committee on Fisheries has considered:                                            
                                                                                                    
     HOUSE BILL NO. 105                                                                             
     "An Act relating to loans to satisfy past due federal tax obligations                          
     of commercial fishermen and to the commercial fishing loan                                     
     program."                                                                                      
                                                                                                    

2003-03-12                     House Journal                      Page 0510
The report was signed by Representative Seaton, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Kott, Wilson, Seaton                                                                  
                                                                                                    
No recommendation (3):  Berkowitz, Samuels, Guttenberg                                              
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Community & Economic Development                                               
                                                                                                    
HB 105 was referred to the Resources Committee.                                                     
                                                                                                    
HB 126                                                                                            
The House Special Committee on Economic Development,                                                
International Trade, & Tourism has considered:                                                      
                                                                                                    
     HOUSE BILL NO. 126                                                                             
     "An Act authorizing municipalities to provide for economic                                     
     development and authorizing boroughs to expend revenue                                         
     collected on an areawide or nonareawide basis to provide for                                   
     economic development."                                                                         
                                                                                                    
The report was signed by Representative Heinze, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Dahlstrom, Kohring, Crawford, McGuire, Heinze                                         
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
HB 126 was referred to the Community & Regional Affairs                                             
Committee.                                                                                          
                                                                                                    
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                           OF HOUSE RESOLUTIONS                                                  
                                                                                                    
HJR 16                                                                                            
HOUSE JOINT RESOLUTION NO. 16 by Representative Heinze:                                             

2003-03-12                     House Journal                      Page 0511
     Expressing confidence in and support for all members of the                                    
     military, their families, and employers of members of the National                             
     Guard.                                                                                         
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Military & Veterans' Affairs and the State Affairs Committee.                                       
                                                                                                    
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                              OF HOUSE BILLS                                                     
                                                                                                    
HB 185                                                                                            
HOUSE BILL NO. 185 by the House Special Committee on Military                                       
& Veterans' Affairs, entitled:                                                                      
                                                                                                    
     "An Act changing the name of the Department of Military and                                    
     Veterans' Affairs to the Department of Military and Veterans'                                  
     Affairs and Homeland Security; and providing for an effective                                  
     date."                                                                                         
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Military & Veterans' Affairs and the State Affairs Committee.                                       
                                                                                                    
HB 186                                                                                            
HOUSE BILL NO. 186 by Representative Anderson, entitled:                                            
                                                                                                    
     "An Act establishing the Radiologic Technology Board of                                        
     Examiners; requiring licensure of occupations relating to                                      
     radiologic technology, radiation therapy, and nuclear medicine                                 
     technology; and providing for an effective date."                                              
                                                                                                    
was read the first time and referred to the Labor & Commerce, Health,                               
Education & Social Services, and Finance Committees.                                                
                                                                                                    
HB 187                                                                                            
HOUSE BILL NO. 187 by the House Rules Committee by request of                                       
the Legislative Budget & Audit Committee, entitled:                                                 
                                                                                                    
     "An Act extending the termination date of the Board of Storage                                 
     Tank Assistance; and providing for an effective date."                                         
                                                                                                    

2003-03-12                     House Journal                      Page 0512
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
HB 188                                                                                            
HOUSE BILL NO. 188 by Representative Hawker, entitled:                                              
                                                                                                    
     "An Act relating to the authority of the Department of Natural                                 
     Resources to issue citations for certain skiing violations; relating                           
     to establishing a bail schedule for certain skiing violations and to                           
     procedures for issuing a citation for a skiing violation."                                     
                                                                                                    
was read the first time and referred to the Resources and State Affairs                             
Committees.                                                                                         
                                                                                                    
HB 189                                                                                            
HOUSE BILL NO. 189 by Representative Crawford, entitled:                                            
                                                                                                    
     "An Act raising the age for purchase, sale, exchange, or                                       
     possession of tobacco to age 21."                                                              
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs, Labor & Commerce, and Judiciary Committees.                                                
                                                                                                    
HB 190                                                                                            
HOUSE BILL NO. 190 by Representative Crawford, entitled:                                            
                                                                                                    
     "An Act relating to certain licenses for the sale, distribution, or                            
     manufacture of tobacco products; relating to tobacco taxes and                                 
     sales and cigarette tax stamps; relating to provisions making                                  
     certain cigarettes contraband and subject to seizure and forfeiture;                           
     relating to certain crimes, penalties, and interest concerning                                 
     tobacco taxes and sales; relating to notification regarding a                                  
     cigarette manufacturer's noncompliance with the tobacco product                                
     Master Settlement Agreement or related statutory provisions and                                
     to confiscation of the affected cigarettes; and providing for an                               
     effective date."                                                                               
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs, Labor & Commerce, and Judiciary Committees.                                                
                                                                                                    

2003-03-12                     House Journal                      Page 0513
HB 191                                                                                            
HOUSE BILL NO. 191 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to the Alaska coastal management program and                                  
     to policies and procedures for consistency reviews and the                                     
     rendering of consistency determinations under that program;                                    
     relating to the functions of coastal resource service areas; creating                          
     an Alaska Coastal Program Evaluation Council; eliminating the                                  
     Alaska Coastal Policy Council; annulling certain regulations                                   
     relating to the Alaska coastal management program; relating to                                 
     actions based on private nuisance; relating to zoning within a third                           
     class borough covered by the Alaska coastal management                                         
     program; and providing for effective dates."                                                   
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Fisheries and the Resources, Judiciary, and Finance Committees.                                     
                                                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Fish & Game                                                                      
2.  Zero, Dept. of Environmental Conservation                                                       
3.  Fiscal, Dept. of Natural Resources                                                              
                                                                                                    
                                                                                                    
The Governor's transmittal letter dated March 11, 2003, follows:                                    
                                                                                                    
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill to reform and streamline the Alaska Coastal                                     
Management Program (ACMP).  This legislation is premised upon the                                   
statutory changes contained in Executive Order 106, which I presented                               
to you on February 12, 2003.  Executive Order 106 would transfer                                    
responsibility for the ACMP program from the division of                                            
governmental coordination in the office of management and budget to                                 
the Department of Natural Resources.                                                                
                                                                                                    

2003-03-12                     House Journal                      Page 0514
The Alaska Coastal Management Program was first enacted in 1977 in                                  
order to participate in the federal Coastal Zone Management Act of                                  
1972.  The federal program is voluntary, and encourages states to                                   
adopt coastal programs by providing federal funds and the opportunity                               
for federal consistency review.  Federal consistency review enables the                             
state to apply its authorities to projects located on federal land and the                          
federal outer continental shelf where otherwise it would be preempted                               
by federal law.                                                                                     
                                                                                                    
The goal of this legislation is to create a new coastal management                                  
program that retains the benefits of the federal act but eliminates the                             
duplication and complexity built into the present ACMP.  This bill                                  
would achieve this goal by choosing the simplest of the three                                       
management techniques allowed by the federal act.  The bill provides                                
certainty and predictability to the ACMP process by clarifying the                                  
standards and responsibilities for program implementation.                                          
                                                                                                    
The central streamlining concept of the bill is the reliance on existing                            
state statutes and regulations as the enforceable policies of the ACMP.                             
The current duplicative consistency review process in AS 46.40.096                                  
and 6 AAC 50 is eliminated by simply relying on the issuance of                                     
current state permits by the resource agencies as the means of                                      
determining whether an activity is consistent with the ACMP.                                        
                                                                                                    
The bill would eliminate district coastal management enforceable                                    
policies but retains a local role in three ways.  First, AS 29                                      
municipalities would retain their existing land use authorities to                                  
regulate private activity within their jurisdiction.  Second, the bill                              
authorizes the Department of Natural Resources (DNR), as the                                        
implementing agency, to adopt local ordinances as enforceable                                       
policies to be applied in consistency reviews of federal projects and                               
Outer Continental Shelf (OCS) development.  The DNR would consult                                   
with the local government when interpreting and applying the local                                  
ordinance as part of a consistency review.  Third, the bill would                                   
specifically adopt certain existing coastal district policies for federal                           
OCS development as state enforceable policies.                                                      
                                                                                                    
Coastal resource service areas in the unorganized borough would no                                  
longer exist.  However, municipalities within the unorganized borough                               
could participate in both the funding and regulatory aspects of the                                 

2003-03-12                     House Journal                      Page 0515
program. Because the bill would affect the way coastal communities                                  
participate in the program, I have consulted with communities across                                
the state and incorporated their suggestions into the legislation.                                  
                                                                                                    
The bill would also eliminate the Coastal Policy Council, but would                                 
create a Coastal Program Evaluation Council to submit a report to the                               
Governor on the implementation of these reforms.  The council would                                 
sunset July 1, 2005.                                                                                
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                Sincerely,                                                         
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                Governor"                                                          
                                                                                                    
HB 192                                                                                            
HOUSE BILL NO. 192 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act designating the Department of Natural Resources as lead                                
     agency for resource development projects; making conforming                                    
     amendments; and providing for an effective date."                                              
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Natural Resources                                                              
                                                                                                    
The Governor's transmittal letter dated March 11, 2003, follows:                                    
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill designating the Department of Natural Resources                                 
(DNR) as the lead state agency in the permitting of resource                                        
development projects in this state.                                                                 
                                                                                                    

2003-03-12                     House Journal                      Page 0516
The purpose of this bill is to facilitate and expedite resource                                     
development in Alaska.  In recent years, the laws governing resource                                
development have proliferated, and there are now more agencies than                                 
ever with permitting authority over large projects.  Resource                                       
development should not be held up by the sheer complexity of                                        
government.  This bill is intended to alleviate that problem.                                       
                                                                                                    
This bill would authorize the DNR to lead and coordinate the                                        
permitting activities of all agencies with jurisdiction over the project                            
and would repeal existing statutes in AS 46.35 regarding permit                                     
coordination.  The result of the DNR's efforts as lead agency will be                               
better communication, more efficient permitting, consolidated public                                
process, and stable funding for the state's permitting process.                                     
                                                                                                    
The repeal of the AS 46.35 provisions necessitates the relocation of                                
unrelated language, specific to Department of Environmental                                         
Conservation permit decisions, to more appropriate locations in                                     
AS 46.03 and AS 46.04, as set out in secs. 2 and 3 of the bill.                                     
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                Sincerely,                                                         
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                Governor"                                                          
                                                                                                    
                                                                                                    
                   CONSIDERATION OF THE DAILY CALENDAR                                           
                                                                                                    
                      SECOND READING OF HOUSE BILLS                                              
                                                                                                    
HB 64                                                                                             
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 64                                                                              
     "An Act relating to court approval of the purchase of structured                               
     settlements."                                                                                  
                                                                                                    

2003-03-12                     House Journal                      Page 0517
with the:                                                    Journal Page                           
                                                                                                    
 STA RPT CS(STA) 5DP 1NR 1AM                                           283                          
 FN1: ZERO(CED)                                                        283                          
 JUD RPT CS(JUD) 7DP                                                   488                          
 FN1: ZERO(CED)                                                        489                          
 FN2: ZERO(CRT)                                                        489                          
 FN3: ZERO(LWF)                                                        489                          
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     CS FOR HOUSE BILL NO. 64(JUD)                                                                  
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 64(JUD) be considered engrossed, advanced to third reading,                                    
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 64(JUD) was read the third time.                                                               
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 64(JUD) pass the House?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CSHB 64(JUD)                                                                                        
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  1   ABSENT:  2   VACANT:  1                                      
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                   
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels,                                       
Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                                  
                                                                                                    
Excused:  Whitaker                                                                                  
                                                                                                    

2003-03-12                     House Journal                      Page 0518
Absent:  Croft, Moses                                                                               
                                                                                                    
And so, CSHB 64(JUD) passed the House and was referred to the                                       
Chief Clerk for engrossment.                                                                        
                                                                                                    
                                                                                                    
HB 124                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 124                                                                             
     "An Act relating to commercial motor vehicle drivers and their                                 
     employers and to railroad-highway grade crossings; and providing                               
     for an effective date."                                                                        
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 TRA RPT 4DP                                                           393                          
 FN1: ZERO(ADM)                                                        394                          
 FN2: ZERO(DPS)                                                        394                          
 FN3: ZERO(DOT)                                                        394                          
                                                                                                    
                                                                                                    
The Rules Committee submitted the following updated fiscal note:                                    
                                                                                                    
4.  Zero, Dept. of Transportation & Public Facilities                                               
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
HB 124 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
HB 124 was read the third time.                                                                     
                                                                                                    
The question being:  "Shall HB 124 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HB 124                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
                                                                                                    
YEAS:  34   NAYS:  1   EXCUSED:  1   ABSENT:  3   VACANT:  1                                      

2003-03-12                     House Journal                      Page 0519
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kookesh, Kott,                                      
Lynn, Masek, McGuire, Meyer, Morgan, Samuels, Seaton, Stoltze,                                      
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
Nays:  Kohring                                                                                      
                                                                                                    
Excused:  Whitaker                                                                                  
                                                                                                    
Absent:  Croft, Moses, Rokeberg                                                                     
                                                                                                    
And so, HB 124 passed the House.                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
HB 124 was referred to the Chief Clerk for engrossment.                                             
                                                                                                    
                                                                                                    
HB 140                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 140                                                                             
     "An Act relating to benefits for retired teachers or employees who                             
     participated in retirement incentive programs and are subsequently                             
     reemployed as a commissioner; and providing for an effective                                   
     date."                                                                                         
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 STA RPT 6DP                                                           376                          
 FN1: ZERO(ADM)                                                        376                          
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
HB 140 be considered engrossed, advanced to third reading, and                                      
placed on final passage.                                                                            
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    

2003-03-12                     House Journal                      Page 0520
The Speaker stated that HB 140 will be in third reading on the                                      
March 14, 2003, calendar.                                                                           
                                                                                                    
                                                                                                    
                           UNFINISHED BUSINESS                                                   
                                                                                                    
HB 23                                                                                             
The Speaker waived the Finance Committee referral for the following                                 
at the request of Representative Williams, Co-chair:                                                
                                                                                                    
     HOUSE BILL NO. 23                                                                              
     "An Act relating to court-ordered restitution and compensation                                 
     following a criminal conviction."                                                              
                                                                                                    
HB 23 was removed from the Finance Committee and referred to the                                    
Rules Committee for placement on the calendar.                                                      
                                                                                                    
                                                                                                    
Representative Coghill moved that the House confirm the appointment                                 
of Dennis "Skip" Cook to the Select Committee on Legislative Ethics.                                
                                                                                                    
**The presence of Representative Croft was noted.                                                   
                                                                                                    
                                                                                                    
The question being:  "Shall the House confirm the appointment of                                    
Dennis "Skip" Cook to the Select Committee on Legislative Ethics?"                                  
The roll was taken with the following result:                                                       
                                                                                                    
Select Committee on Legislative Ethics                                                              
Confirm Appointment of Dennis "Skip" Cook                                                           
                                                                                                    
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  1   ABSENT:  2   VACANT:  1                                      
                                                                                                    
                                                                                                    
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                 
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                   
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels,                                       
Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                                  
                                                                                                    
                                                                                                    
Excused:  Whitaker                                                                                  
                                                                                                    

2003-03-12                     House Journal                      Page 0521
Absent:  Foster, Moses                                                                              
                                                                                                    
And so, the appointment was confirmed.                                                              
                                                                                                    
                                                                                                    
Representative Coghill moved that the House confirm the appointment                                 
of Herman G. Walker, Jr. to the Select Committee on Legislative                                     
Ethics.                                                                                             
                                                                                                    
The question being:  "Shall the House confirm the appointment of                                    
Herman G. Walker, Jr. to the Select Committee on Legislative                                        
Ethics?"  The roll was taken with the following result:                                             
                                                                                                    
Select Committee on Legislative Ethics                                                              
Confirm Appointment of Herman G. Walker, Jr.                                                        
                                                                                                    
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  1   ABSENT:  2   VACANT:  1                                      
                                                                                                    
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                 
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                   
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels,                                       
Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                                  
                                                                                                    
Excused:  Whitaker                                                                                  
                                                                                                    
Absent:  Foster, Moses                                                                              
                                                                                                    
And so, the appointment was confirmed.                                                              
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following members be excused from a call of the House.  There being                                 
no objection, the members were excused as noted:                                                    
                                                                                                    
Representative Fate - from 8:00 a.m. to evening plane time,                                         
March 13, 2003                                                                                      
                                                                                                    
Representative Kapsner - from 8:00 a.m. to 8:00 p.m., March 14, 2003                                
                                                                                                    
Representative Gara - from 7:00 a.m., March 14 to morning plane                                     
time, March 17, 2003                                                                                

2003-03-12                     House Journal                      Page 0522
Representative Dahlstrom - from evening plane time, March 14 to                                     
morning plane time, March 17, 2003                                                                  
                                                                                                    
Representative Samuels - from evening plane time, March 14 to                                       
morning plane time, March 17, 2003                                                                  
                                                                                                    
Representative Hawker - from noon, March 14 to morning plane time,                                  
March 17, 2003                                                                                      
                                                                                                    
Representative Rokeberg - from noon, March 14 to morning plane                                      
time, March 17, 2003                                                                                
                                                                                                    
                                                                                                    
Representative Kott - from morning plane time, March 15 to evening                                  
plane time, March 16, 2003                                                                          
                                                                                                    
Representative Morgan - from morning plane time, March 15 to                                        
evening plane time, March 16, 2003                                                                  
                                                                                                    
Representative Joule - from 5:00 p.m., March 14 to 3:00 p.m.,                                       
March 23, 2003                                                                                      
                                                                                                    
                                                                                                    
HB 157                                                                                            
The Office of the Governor submitted the following fiscal notes:                                    
                                                                                                    
1.  Zero, Office of the Governor                                                                    
2.  Fiscal, Dept. of Administration                                                                 
3.  Fiscal, Dept. of Administration                                                                 
                                                                                                    
                                                                                                    
The fiscal notes accompany the introduction (page 426) of:                                          
                                                                                                    
     HOUSE BILL NO. 157                                                                             
     "An Act eliminating the Alaska Public Offices Commission;                                      
     transferring campaign, public official, and lobbying financial                                 
     disclosure record-keeping duties to the division of elections;                                 
     relating to reports, summaries, and documents regarding                                        
     campaign, public official, and lobbying financial disclosure;                                  

2003-03-12                     House Journal                      Page 0523
     providing for enforcement by the Department of Law; making                                     
     conforming statutory amendments; and providing for an effective                                
     date."                                                                                         
                                                                                                    
HB 157 is in the State Affairs Committee.                                                           
                                                                                                    
HSCR 1                                                                                            
Representative Kapsner added her name as cosponsor to:                                              
                                                                                                    
     HOUSE SPECIAL CONCURRENT RESOLUTION NO. 1                                                      
     Disapproving Executive Order No. 107, relating to the transfer of                              
     certain functions of the Department of Fish and Game to the                                    
     Department of Natural Resources and to the transfer of certain                                 
     functions within the Department of Natural Resources.                                          
                                                                                                    
HB 12                                                                                             
Representative Gara added his name as cosponsor to:                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 12(JUD) am                                                               
     "An Act relating to the crime of harassment committed by use of                                
     electronic communication."                                                                     
                                                                                                    
HB 64                                                                                             
Representatives Dahlstrom, Wolf, Gara, McGuire, and Lynn added                                      
their names as cosponsors to:                                                                       
                                                                                                    
     CS FOR HOUSE BILL NO. 64(JUD)                                                                  
     "An Act relating to court approval of the purchase of structured                               
     settlements."                                                                                  
                                                                                                    
HB 91                                                                                             
Representative Heinze added her name as cosponsor 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."                                                                                      
                                                                                                    
HB 124                                                                                            
Representatives Dahlstrom and Lynn added their names as cosponsors                                  
to:                                                                                                 

2003-03-12                     House Journal                      Page 0524
                                                                                                    
     HOUSE BILL NO. 124                                                                             
     "An Act relating to commercial motor vehicle drivers and their                                 
     employers and to railroad-highway grade crossings; and providing                               
     for an effective date."                                                                        
                                                                                                    
                               ENGROSSMENT                                                       
                                                                                                    
HB 64                                                                                             
CSHB 64(JUD) was engrossed, signed by the Speaker and Chief Clerk                                   
and transmitted to the Senate for consideration.                                                    
                                                                                                    
HB 124                                                                                            
HB 124 was engrossed, signed by the Speaker and Chief Clerk and                                     
transmitted to the Senate for consideration.                                                        
                                                                                                    
                                ENROLLMENT                                                       
                                                                                                    
HB 74                                                                                             
The following was engrossed and enrolled, signed by the Speaker and                                 
Chief Clerk, President and Secretary of the Senate, and the engrossed                               
and enrolled copies were transmitted to the Office of the Governor at                               
3:22 p.m., March 11, 2003:                                                                          
                                                                                                    
     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."                                                          
                                                                                                    
                              ANNOUNCEMENTS                                                      
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                               ADJOURNMENT                                                       
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., March 14, 2003.  There being no                                     
objection, the House adjourned at 11:22 a.m.                                                        
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk