Legislature(2003 - 2004)

2003-03-24 House Journal

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2003-03-24                     House Journal                      Page 0611
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
               TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                         
                                                                                                    
Juneau, Alaska                  Monday                 March 24, 2003                             
                                                                                                    
                            Sixty-third Day                                                    
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 2:15 p.m.                                                                                   
                                                                                                    
Roll call showed 32 members present.  Representatives Anderson,                                     
Crawford, Fate, Moses, Seaton, and Wolf had been previously excused                                 
from a call of the House today.                                                                     
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representatives Masek and McGuire be excused from a call of the                                     
House today.  There being no objection, it was so ordered.                                          
                                                                                                    
The invocation was offered by the Chaplain, Major Larry Fankhauser                                  
of The Salvation Army.  Representative Croft moved and asked                                        
unanimous consent that the invocation be spread on the journal.  There                              
being no objection, it was so ordered.                                                              
                                                                                                    
    Lord, each of us in our own way would take a moment to lift a                                   
    prayer seeking Your watchful care over our military                                             
    personnel.  They are fathers, mothers, brothers, and sisters,                                   
    and we would ask for their safe and quick return.                                               
                                                                                                    
    Thank You for this day and the opportunities to serve that it                                   
    presents.  As one nation under God, we would seek wisdom,                                       
    insight, and direction from Your hand.                                                          
                                                                                                    
    At the end of this day, may each Representative here gathered                                   
    rest in knowing they have done all they could for the better of                                 
    those they serve.  Amen.                                                                        
                                                                                                    

2003-03-24                     House Journal                      Page 0612
The Pledge of Allegiance was led by Representative Ogg.                                             
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 58th, 59th, 60th, 61st, and 62nd legislative days be                                
approved as certified by the Chief Clerk.  There being no objection, it                             
was so ordered.                                                                                     
                                                                                                    
                               * * * * *                                                           
                                                                                                    
Representative Kerttula introduced Erin Walker, Guest Page, from                                    
Juneau.                                                                                             
                                                                                                    
                      MESSAGES FROM THE GOVERNOR                                                 
                                                                                                    
A letter dated March 21, 2003, was read stating that, in accordance                                 
with Article III, section 25 of the Alaska Constitution, the Governor                               
submits the following name for legislative confirmation of                                          
appointment to the position set out below.                                                          
                                                                                                    
The following appointment was referred to the Resources Committee:                                  
                                                                                                    
Commissioner - Department of Fish and Game                                                        
 Kevin Duffy                                                                                        
  Appointed: 03/19/2003                                                                             
                                                                                                    
A resume for the appointment is on file in the Chief Clerk's office.                                
                                                                                                    
                                                                                                    
                            COMMUNICATIONS                                                       
                                                                                                    
The following Monetary Terms of Agreements between the State and                                    
employee organizations were received from the Department of                                         
Administration, Office of the Commissioner, as required by                                          
AS 23.40.215, and the Speaker referred them to the Finance                                          
Committee:                                                                                          
                                                                                                    
Alyeska Central Education Association                                                               
March 17, 2003                                                                                      
                                                                                                    

2003-03-24                     House Journal                      Page 0613
Public Safety Employees Association on                                                              
Behalf of the Correctional Officers                                                                 
March 17, 2003                                                                                      
                                                                                                    
Public Safety Employees Association on                                                              
Behalf of the State Troopers                                                                        
March 17, 2003                                                                                      
                                                                                                    
                                                                                                    
Teachers' Education Association of                                                                  
Mt. Edgecumbe                                                                                       
March 17, 2003                                                                                      
                                                                                                    
                                                                                                    
Public Employees Local 71 on                                                                        
Behalf of the Labor, Trades and Crafts Unit                                                         
March 17, 2003                                                                                      
                                                                                                    
Alaska Vocational Technical Education                                                               
Center Teachers' Association                                                                        
March 18, 2003                                                                                      
                                                                                                    
                                                                                                    
Alaska Public Employees Association                                                                 
Representing the Confidential Unit                                                                  
March 20, 2003                                                                                      
                                                                                                    
Alaska Public Employees Association                                                                 
Representing the Supervisory Bargaining Unit                                                        
March 20, 2003                                                                                      
                                                                                                    
                                                                                                    
Alaska State Employees Association on                                                               
Behalf of the General Government Unit                                                               
March 21, 2003                                                                                      
                                                                                                    
                                                                                                    
Inlandboatmen's Union of the Pacific                                                                
March 21, 2003                                                                                      
                                                                                                    

2003-03-24                     House Journal                      Page 0614
Dept. of Community & Economic Development                                                           
Alaska Aerospace Development Corporation                                                            
Ten Years, 1992-2002                                                                                
2002 Annual Report                                                                                  
                                                                                                    
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
HB 49                                                                                             
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 49                                                                               
    "An Act relating to the DNA identification registration system;                                 
    and providing for an effective date."                                                           
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 49(JUD)                                                                   
    "An Act relating to the deoxyribonucleic acid (DNA)                                             
    identification registration system and testing; and providing for an                            
    effective date."                                                                                
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Gara, Holm, Samuels, Anderson, Gruenberg, McGuire                                     
                                                                                                    
No recommendation (1):  Coghill                                                                     
                                                                                                    
The following fiscal note(s) apply to CSHB 49(JUD):                                                 
                                                                                                    
1.  Zero, Dept. of Public Safety                                                                    
2.  Zero, Dept. of Law                                                                              
3.  Indeterminate, Dept. of Administration                                                          
                                                                                                    
HB 49 was referred to the Finance Committee.                                                        
                                                                                                    
HB 114                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    

2003-03-24                     House Journal                      Page 0615
    HOUSE BILL NO. 114                                                                              
    "An Act relating to the issuance of a search warrant."                                          
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 114(JUD)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Holm, Ogg, Gruenberg, Samuels, McGuire                                                
                                                                                                    
No recommendation (1):  Gara                                                                        
                                                                                                    
The following fiscal note(s) apply to CSHB 114(JUD):                                                
                                                                                                    
1.  Zero, Dept. of Corrections                                                                      
2.  Zero, Alaska Court System                                                                       
3.  Zero, Dept. of Law                                                                              
4.  Zero, Dept. of Public Safety                                                                    
                                                                                                    
HB 114 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
HCR 11                                                                                            
The House Special Committee on Fisheries has considered:                                            
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 11                                                              
    Relating to Alaska Salmon Day.                                                                  
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE CONCURRENT RESOLUTION NO. 11(FSH)                                                  
    Relating to Alaska Wild Salmon Day.                                                             
                                                                                                    
The report was signed by Representative Seaton, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    

2003-03-24                     House Journal                      Page 0616
Do pass (4):  Berkowitz, Wilson, Samuels, Seaton                                                    
                                                                                                    
The following fiscal note(s) apply to CSHCR 11(FSH):                                                
                                                                                                    
1.  Zero, Legislative Agency                                                                        
                                                                                                    
HCR 11 was referred to the Resources Committee.                                                     
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Donna A. Peterson, Superintendent of the Year                                            
By Representative Chenault; Senator Wagoner                                                         
                                                                                                    
                                                                                                    
Honoring - Juneau-Douglas High School Home Designers                                                
By Senator Elton; Representatives Weyhrauch, Kerttula                                               
                                                                                                    
                                                                                                    
Honoring - Peters Creek Christian Center, Finding the Lost                                          
By Senator Dyson                                                                                    
                                                                                                    
                                                                                                    
In Memoriam - James Hesterberg                                                                      
By Senator Green                                                                                    
                                                                                                    
                                                                                                    
In Memoriam - Paul Helmar                                                                           
By Senator Elton; Representatives Kerttula, Weyhrauch                                               
                                                                                                    
                                                                                                    
In Memoriam - Thomas Patrick O'Hara                                                                 
By Senator Dyson                                                                                    
                                                                                                    
                                                                                                    
In Memoriam - Roy Lee Henderson                                                                     
By Senator Davis                                                                                    
                                                                                                    

2003-03-24                     House Journal                      Page 0617
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                         OF HOUSE RESOLUTIONS                                                    
                                                                                                    
HJR 18                                                                                            
HOUSE JOINT RESOLUTION NO. 18 by Representatives Lynn,                                              
Dahlstrom, Anderson, Kohring, Harris, Wilson, and Heinze:                                           
                                                                                                    
    Supporting the men and women of the United States armed forces                                  
    in the military action to free Iraq and to protect the world from                               
    Saddam Hussein.                                                                                 
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Military & Veterans' Affairs.                                                                       
                                                                                                    
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                            OF HOUSE BILLS                                                       
                                                                                                    
HB 207                                                                                            
HOUSE BILL NO. 207 by Representative Gatto, entitled:                                               
                                                                                                    
    "An Act relating to taxes regarding certain commercial passenger                                
    vessels operating in the state; and providing for an effective date."                           
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Economic Development, International Trade, & Tourism and the                                        
Transportation and Finance Committees.                                                              
                                                                                                    
HB 208                                                                                            
HOUSE BILL NO. 208 by Representative Fate, entitled:                                                
                                                                                                    
    "An Act relating to hunting on the same day airborne; and                                       
    providing for an effective date."                                                               
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs and Resources Committees.                                                                   
                                                                                                    
HB 209                                                                                            
HOUSE BILL NO. 209 by Representatives Chenault and Kohring,                                         
entitled:                                                                                           
                                                                                                    

2003-03-24                     House Journal                      Page 0618
    "An Act relating to municipal property tax adjustments for                                      
    property affected by a disaster."                                                               
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs and Finance Committees.                                                                     
                                                                                                    
                                                                                                    
HB 210                                                                                            
HOUSE BILL NO. 210 by Representative Coghill, entitled:                                             
                                                                                                    
    "An Act relating to the Chitina dip net fishery; and providing for                              
    an effective date."                                                                             
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
HB 211                                                                                            
HOUSE BILL NO. 211 by Representative Wilson, entitled:                                              
                                                                                                    
    "An Act relating to a student loan repayment program for nurses,                                
    and amending the duties of the Board of Nursing that relate to this                             
    program; and providing for an effective date."                                                  
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Finance Committees.                                                                    
                                                                                                    
                                                                                                    
HB 212                                                                                            
HOUSE BILL NO. 212 by Representative McGuire, entitled:                                             
                                                                                                    
    "An Act relating to trusts, including trust protectors, trustee                                 
    advisors, transfers of property in trust, and transfers of trust                                
    interests, and to creditors' claims against property subject to a                               
    power of appointment."                                                                          
                                                                                                    
was read the first time and referred to the Labor & Commerce,                                       
Judiciary, and Finance Committees.                                                                  
                                                                                                    

2003-03-24                     House Journal                      Page 0619
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                    SECOND READING OF SENATE BILLS                                               
                                                                                                    
SB 51                                                                                             
The following was read the second time:                                                             
                                                                                                    
    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."                            
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 CRA RPT 5DP                                                        509                             
 FN1: ZERO(REV)                                                     509                             
 FN2: ZERO(CED)                                                     509                             
 FIN RPT 6DP 2NR                                                    581                             
 FN1: ZERO(REV)                                                     582                             
 FN2: ZERO(CED)                                                     582                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
SB 51 be considered engrossed, advanced to third reading, and placed                                
on final passage.  There being no objection, it was so ordered.                                     
                                                                                                    
SB 51 was read the third time.                                                                      
                                                                                                    
The question being:  "Shall SB 51 pass the House?"  The roll was                                    
taken with the following result:                                                                    
                                                                                                    
SB 51                                                                                               
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  32   NAYS:  0   EXCUSED:  8   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Croft, Dahlstrom, Foster,                              
Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm,                                   
Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Meyer,                                      
Morgan, Ogg, Rokeberg, Samuels, Stoltze, Weyhrauch, Whitaker,                                       
Williams, Wilson                                                                                    
                                                                                                    

2003-03-24                     House Journal                      Page 0620
Excused:  Anderson, Crawford, Fate, Masek, McGuire, Moses,                                          
Seaton, Wolf                                                                                        
                                                                                                    
And so, SB 51 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.                                
                                                                                                    
SB 51 was signed by the Speaker and Chief Clerk and returned to the                                 
Senate.                                                                                             
                                                                                                    
SB 78                                                                                             
The following was read the second time:                                                             
                                                                                                    
    SENATE BILL NO. 78                                                                              
    "An Act relating to an optional group of persons eligible for                                   
    medical assistance who require treatment for breast and cervical                                
    cancer; relating to cost sharing by those recipients under the                                  
    medical assistance program; and providing for an effective date."                               
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 FIN RPT 3DP 4NR 1AM                                                582                             
 FN1: (HSS)                                                         583                             
                                                                                                    
The Speaker stated that, without objection, SB 78 would be returned to                              
the Rules Committee; and so, SB 78 was returned to the Rules                                        
Committee.                                                                                          
                                                                                                    
                         LEGISLATIVE CITATIONS                                                   
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citations on the calendar.  There being no                                        
objection, the following citations were approved and sent to enrolling:                             
                                                                                                    
Honoring - Randall P. Burns                                                                         
By Representatives Weyhrauch, Gara, Kott, Anderson, Berkowitz,                                      
Chenault, Cissna, Croft, Dahlstrom, Foster, Gatto, Gruenberg,                                       
Guttenberg, Hawker, Holm, Joule, Kapsner, Kerttula, Masek,                                          
McGuire, Meyer, Rokeberg, Seaton, Williams, Wilson, Wolf                                            

2003-03-24                     House Journal                      Page 0621
                                                                                                    
Honoring - Ivan Parker-Diaz and Tyler Crenshaw                                                      
By Representatives Croft, Kott, Anderson, Berkowitz, Chenault,                                      
Cissna, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Hawker,                                      
Holm, Joule, Kapsner, Kerttula, Masek, McGuire, Meyer, Rokeberg,                                    
Seaton, Williams, Wilson, Wolf                                                                      
                                                                                                    
In Memoriam - Wayne E. Bender                                                                       
By Representatives Weyhrauch, Kerttula, Kott, Anderson, Berkowitz,                                  
Chenault, Cissna, Coghill, Croft, Dahlstrom, Foster, Gara, Gatto,                                   
Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Masek,                                         
McGuire, Meyer, Rokeberg, Seaton, Williams, Wilson, Wolf; Senator                                   
Elton                                                                                               
                                                                                                    
In Memoriam - Earl A. Greene                                                                        
By Senator Davis; Representatives Kott, Anderson, Berkowitz,                                        
Chenault, Cissna, Coghill, Croft, Dahlstrom, Foster, Gara, Gatto,                                   
Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kerttula,                                      
Masek, McGuire, Meyer, Rokeberg, Seaton, Williams, Wilson, Wolf                                     
                                                                                                    
In Memoriam - Wes Coyner                                                                            
By Senator Elton; Representatives Kerttula, Weyhrauch, Kott,                                        
Anderson, Berkowitz, Chenault, Cissna, Coghill, Croft, Dahlstrom,                                   
Foster, Gara, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule,                                    
Kapsner, Masek, McGuire, Meyer, Rokeberg, Seaton, Stoltze,                                          
Williams, Wilson, Wolf                                                                              
                                                                                                    
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
SB 77                                                                                             
The Speaker again referred the following bill, which had been waived                                
to the Rules Committee (page 591), to the Transportation Committee:                                 
                                                                                                    
    SENATE BILL NO. 77                                                                              
    "An Act naming the William Ransom Wood Centennial Bridge in                                     
    Fairbanks."                                                                                     
                                                                                                    
SB 77 was removed from the Rules Committee and referred to the                                      
Transportation Committee.                                                                           
                                                                                                    

2003-03-24                     House Journal                      Page 0622
HB 92                                                                                             
The Speaker removed the Health, Education & Social Services                                         
Committee referral and added a Judiciary Committee referral to follow                               
the State Affairs Committee referral for the following:                                             
                                                                                                    
    HOUSE BILL NO. 92                                                                               
    "An Act relating to reports by members of the clergy and                                        
    custodians of clerical records who have reasonable cause to                                     
    suspect that a child has suffered harm as a result of child abuse or                            
    neglect."                                                                                       
                                                                                                    
HB 92 is in the State Affairs Committee.                                                            
                                                                                                    
                                                                                                    
HB 208                                                                                            
The Speaker reversed the Committee referrals for the following:                                     
                                                                                                    
    HOUSE BILL NO. 208                                                                              
    "An Act relating to hunting on the same day airborne; and                                       
    providing for an effective date."                                                               
                                                                                                    
HB 208 was removed from the Community & Regional Affairs                                            
Committee and referred to the Resources Committee.                                                  
                                                                                                    
                                                                                                    
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 Holm - from 7:00 p.m., March 28 to morning plane                                     
time, March 31, 2003                                                                                
                                                                                                    
Representative Fate - from 7:00 p.m., March 28 to 10:00 p.m.,                                       
March 30, 2003                                                                                      
                                                                                                    
Representative Gruenberg - from 4:00 p.m., March 30 to 4:30 p.m.,                                   
April 1, 2003                                                                                       
                                                                                                    
Representative Wolf - from morning plane time, March 25 to morning                                  
plane time, March 26, 2003                                                                          
                                                                                                    

2003-03-24                     House Journal                      Page 0623
Representative Gruenberg - from 2:30 p.m. to 5:00 p.m.,                                             
March 25, 2003                                                                                      
                                                                                                    
                                                                                                    
HB 177                                                                                            
Representative Gatto added his name as cosponsor to:                                                
                                                                                                    
    SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 177                                                       
    "An Act relating to concealed handguns."                                                        
                                                                                                    
                                                                                                    
SB 78                                                                                             
Representative Wilson added her name as cross sponsor to:                                           
                                                                                                    
    SENATE BILL NO. 78                                                                              
    "An Act relating to an optional group of persons eligible for                                   
    medical assistance who require treatment for breast and cervical                                
    cancer; relating to cost sharing by those recipients under the                                  
    medical assistance program; and providing for an effective date."                               
                                                                                                    
                                                                                                    
                                                                                                    
                           EXECUTIVE ORDERS                                                      
                                                                                                    
EO 104                                                                                            
The House did not disapprove the following executive order within 60                                
days and it was transmitted to the Office of the Governor at                                        
12:05 p.m., March 24, 2003:                                                                         
                                                                                                    
    EXECUTIVE ORDER NO. 104                                                                         
    Transferring the functions of the Office of Equal Employment                                    
    Opportunity from the Office of the Governor to the Division of                                  
    Personnel in the Department of Administration.                                                  
                                                                                                    
                                                                                                    
EO 105                                                                                            
The House did not disapprove the following executive order within 60                                
days and it was transmitted to the Office of the Governor at                                        
12:05 p.m., March 24, 2003:                                                                         
                                                                                                    

2003-03-24                     House Journal                      Page 0624
    EXECUTIVE ORDER NO. 105                                                                         
    Transferring the Alaska Seismic Hazards Safety Commission                                       
    from the Office of the Governor to the Department of Natural                                    
    Resources.                                                                                      
                                                                                                    
                             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 26, 2003.  There being no                                     
objection, the House adjourned at 2:56 p.m.                                                         
                                                                                                    
                                           Suzi Lowell                                              
                                           Chief Clerk