Legislature(2003 - 2004)

2003-04-07 House Journal

Full Journal pdf

2003-04-07                     House Journal                      Page 0809
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
               TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                         
                                                                                                    
Juneau, Alaska                   Monday                   April 7, 2003                           
                                                                                                    
                          Seventy-seventh Day                                                  
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 11:16 a.m.                                                                                  
                                                                                                    
Roll call showed 36 members present.  Representative Kohring had                                    
been previously excused from a call of the House today.                                             
Representatives Croft and Williams were absent and their presence                                   
was noted later.                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Heinze be excused from a call of the House today.                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
The invocation was sung by Teri Tibbett.  Representative Fate moved                                 
and asked unanimous consent that the invocation be spread on the                                    
journal.  There being no objection, it was so ordered.                                              
                                                                                                    
                      Peace I ask of thee O river                                                  
                           Peace peace peace                                                       
                     When I learn to live serenely                                                 
                            Cares will cease                                                       
                    From the hills I gather courage                                                
                        Visions of the day to be                                                   
                  Strength to lead and faith to follow                                             
                         All are given unto me                                                     
                      Peace I ask of thee O river                                                  
                           Peace peace peace                                                       
                                                                                                    
The Pledge of Allegiance was led by Representative Coghill.                                         
                                                                                                    

2003-04-07                     House Journal                      Page 0810
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 74th, 75th, and 76th legislative days be approved as                                
certified by the Chief Clerk.  There being no objection, it was so                                  
ordered.                                                                                            
                                                                                                    
                       MESSAGES FROM THE GOVERNOR                                                
                                                                                                    
HR 6                                                                                              
A message dated April 2, 2003, was read stating the Governor is                                     
transmitting the engrossed and enrolled copies of the following                                     
resolution to the Lieutenant Governor's office for permanent filing:                                
                                                                                                    
    HOUSE RESOLUTION NO. 6                                                                          
       Establishing a House Special Committee on Ways and Means.                                   
                                                                                                    
    House Resolve No. 6                                                                             
                                                                                                    
**The presence of Representative Williams was noted.                                                
                                                                                                    
                        MESSAGES FROM THE SENATE                                                 
                                                                                                    
HB 16                                                                                             
A message dated April 4, 2003, was read stating the Senate has                                      
passed:                                                                                             
                                                                                                    
    CS FOR HOUSE BILL NO. 16(FIN) am                                                                
    "An Act amending, for purposes of the Alaska Stranded Gas                                       
    Development Act, the standards applicable to determining                                        
    whether a proposed new investment constitutes a qualified project,                              
    the standards used to determine whether a person or group                                       
    qualifies as a project sponsor or project sponsor group, and the                                
    deadline for applications relating to the development of contracts                              
    for payments in lieu of taxes and for royalty adjustments that may                              
    be submitted for consideration, and modifying the conditions                                    
    bearing on the use of independent contractors to evaluate                                       
    applications or to develop contract terms; providing statements of                              
    intent for the Act relating to use of project labor agreements and to                           
    reopening of contracts; and providing for an effective date."                                   
                                                                                                    

2003-04-07                     House Journal                      Page 0811
CSHB 16(FIN) am was enrolled and transmitted to the Governor on                                     
April 4, 2003 (page 800).                                                                           
                                                                                                    
HJR 18                                                                                            
A message dated April 4, 2003, was read stating the Senate has passed                               
CSHJR 18(MLV) with the following amendment and it is transmitted                                    
for consideration:                                                                                  
                                                                                                    
    SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.                                                 
    18(STA)                                                                                         
    Supporting the men and women of the United States armed forces.                                 
                                                                                                    
CSHJR 18(MLV) is under Unfinished Business.                                                         
                                                                                                    
**The presence of Representative Croft was noted.                                                   
                                                                                                    
                             COMMUNICATIONS                                                      
                                                                                                    
The following was received:                                                                         
                                                                                                    
Dept. of Administration                                                                             
Division of Senior Services                                                                         
Alaska Commission on Aging                                                                          
Annual Report FY 02                                                                                 
www.AlaskaAging.org                                                                                 
(as required by AS 44.21.230)                                                                       
                                                                                                    
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
HB 25                                                                                             
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 25                                                                               
    "An Act relating to health care decisions, including do not                                     
    resuscitate orders and the donation of body parts, and to powers of                             
    attorney relating to health care, including the donation of body                                
    parts; and providing for an effective date."                                                    
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    

2003-04-07                     House Journal                      Page 0812
    CS FOR HOUSE BILL NO. 25(JUD)                                                                   
    "An Act relating to health care decisions, including do not                                     
    resuscitate orders, anatomical gifts, and mental health treatment                               
    decisions, and to powers of attorney relating to health care,                                   
    including anatomical gifts and mental health treatment decisions;                               
    and providing for an effective date."                                                           
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Samuels, Holm, Gara, Ogg, McGuire                                                     
                                                                                                    
The following fiscal note(s) apply to CSHB 25(JUD):                                                 
                                                                                                    
1.  Zero, Dept. of Health & Social Services                                                         
                                                                                                    
HB 25 was referred to the Finance Committee.                                                        
                                                                                                    
HB 75                                                                                             
The Finance Committee has considered:                                                               
                                                                                                    
    SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 75                                                        
    "An Act making appropriations for the operating and loan                                        
    program expenses of state government, for certain programs, and                                 
    to capitalize funds; making appropriations under art. IX, sec.                                  
    17(c), Constitution of the State of Alaska, from the constitutional                             
    budget reserve fund; and providing for an effective date."                                      
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                    
    75(FIN)                                                                                         
    (same title)                                                                                    
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (7):  Meyer, Hawker, Stoltze, Chenault, Foster, Harris,                                     
Williams                                                                                            
                                                                                                    

2003-04-07                     House Journal                      Page 0813
Do not pass (1):  Joule                                                                             
                                                                                                    
No recommendation (2):  Croft, Moses                                                                
                                                                                                    
SSHB 75 was referred to the Rules Committee for placement on the                                    
calendar.                                                                                           
                                                                                                    
HB 76                                                                                             
The Finance Committee has considered:                                                               
                                                                                                    
    SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 76                                                        
    "An Act making appropriations for the operating and capital                                     
    expenses of the state's integrated comprehensive mental health                                  
    program; and providing for an effective date."                                                  
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                    
    76(FIN)                                                                                         
    (same title)                                                                                    
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (7):  Meyer, Hawker, Stoltze, Chenault, Foster, Harris,                                     
Williams                                                                                            
                                                                                                    
No recommendation (3):  Joule, Croft, Moses                                                         
                                                                                                    
SSHB 76 was referred to the Rules Committee for placement on the                                    
calendar.                                                                                           
                                                                                                    
HB 167                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
    HOUSE BILL NO. 167                                                                              
    "An Act relating to grants for alcoholism and drug abuse                                        
    programs; and providing for an effective date."                                                 
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    

2003-04-07                     House Journal                      Page 0814
    CS FOR HOUSE BILL NO. 167(HES)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Wilson, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Cissna, Seaton, Coghill, Gatto                                                        
                                                                                                    
Do not pass (2):  Kapsner, Wilson                                                                   
                                                                                                    
No recommendation (1):  Wolf                                                                        
                                                                                                    
The following fiscal note(s) apply to CSHB 167(HES):                                                
                                                                                                    
1.  Fiscal, Dept. of Health & Social Services                                                       
2.  Fiscal, Dept. of Health & Social Services                                                       
3.  Fiscal, Dept. of Health & Social Services                                                       
4.  Fiscal, Dept. of Health & Social Services                                                       
                                                                                                    
HB 167 was referred to the Finance Committee.                                                       
                                                                                                    
HB 177                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 177                                                       
    "An Act relating to concealed handguns."                                                        
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                    
    177(STA)                                                                                        
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Samuels, Holm, Ogg, Gruenberg, Anderson, McGuire                                      
                                                                                                    
No recommendation (1):  Gara                                                                        
                                                                                                    

2003-04-07                     House Journal                      Page 0815
The following fiscal note(s) apply to CSSSHB 177(STA):                                              
                                                                                                    
1.  Zero, Dept. of Law                                                                              
                                                                                                    
SSHB 177 was referred to the Rules Committee for placement on the                                   
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 210                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 210                                                                              
    "An Act relating to the Chitina dip net fishery; and providing for                              
    an effective date."                                                                             
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 210(RES)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Fate, Chair, with the                                       
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Lynn, Gatto, Masek, Wolf, Fate                                                        
                                                                                                    
Amend (3):  Morgan, Kerttula, Guttenberg                                                            
                                                                                                    
The following fiscal note(s) apply to CSHB 210(RES):                                                
                                                                                                    
1.  Zero, Dept. of Natural Resources                                                                
2.  Fiscal, Dept. of Fish & Game                                                                    
                                                                                                    
HB 210 was referred to the Finance Committee.                                                       
                                                                                                    
HB 212                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 212                                                                              
    "An Act relating to trusts, including trust protectors, trustee                                 
    advisors, transfers of property in trust, and transfers of trust                                

2003-04-07                     House Journal                      Page 0816
    interests, and to creditors' claims against property subject to a                               
    power of appointment."                                                                          
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 212(JUD)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Gara, Ogg, Gruenberg, Anderson, McGuire                                               
                                                                                                    
No recommendation (2):  Samuels, Holm                                                               
                                                                                                    
The following fiscal note(s) apply to CSHB 212(JUD):                                                
                                                                                                    
1.  Zero, Dept. of Law                                                                              
                                                                                                    
HB 212 was referred to the Finance Committee.                                                       
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
HCR 10                                                                                            
The House Special Committee on Fisheries has considered:                                            
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 10                                                              
    Relating to restoration of riparian habitat that is vital to the                                
    fisheries resources of the state.                                                               
                                                                                                    
The report was signed by Representative Seaton, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Ogg, Wilson, Samuels, Seaton                                                          
                                                                                                    
No recommendation (1):  Guttenberg                                                                  
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Legislative Agency                                                                        
                                                                                                    

2003-04-07                     House Journal                      Page 0817
HCR 10 was referred to the Resources Committee.                                                     
                                                                                                    
HB 19                                                                                             
The House Special Committee on Education has considered:                                            
                                                                                                    
    HOUSE BILL NO. 19                                                                               
    "An Act relating to appropriations for operating expenses for                                   
    primary and secondary public education; and providing for an                                    
    effective date."                                                                                
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 19(EDU)                                                                   
    "An Act relating to a separate appropriation bill for operating                                 
    expenses for primary and secondary public education and                                         
    establishing a date by which the bill must be transmitted to the                                
    governor each year; and providing for an effective date."                                       
                                                                                                    
The report was signed by Representative Gatto, Chair, with the                                      
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Wolf, Seaton                                                                          
                                                                                                    
Do not pass (3):  Gara, Wilson, Gatto                                                               
                                                                                                    
Amend (2):  Kapsner, Ogg                                                                            
                                                                                                    
The following fiscal note(s) apply to CSHB 19(EDU):                                                 
                                                                                                    
1.  Zero, Dept. of Education & Early Development                                                    
                                                                                                    
HB 19 was referred to the Health, Education & Social Services                                       
Committee.                                                                                          
                                                                                                    
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    

2003-04-07                     House Journal                      Page 0818
Honoring - Cherrie Ruesch, 4-H National Salute to Excellence Award                                  
By Representatives Stoltze, Dahlstrom, Kohring; Senators Green,                                     
Ogan, Dyson                                                                                         
                                                                                                    
Honoring - Blake Stauffer, Eagle Scout                                                              
By Representatives Weyhrauch, Kerttula; Senator Elton                                               
                                                                                                    
Honoring - Juneau Gold Rush Commission                                                              
By Representatives Weyhrauch, Kerttula; Senator Elton                                               
                                                                                                    
In Memoriam - Terry W. Ahseln                                                                       
By Representatives Coghill, Harris                                                                  
                                                                                                    
In Memoriam - Superior Court Judge Jonathan H. Link                                                 
By Representatives Wolf, Holm, Chenault; Senator Wagoner                                            
                                                                                                    
In Memoriam - Linda Luthy Connelly                                                                  
By Representative Gatto                                                                             
                                                                                                    
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                          OF HOUSE RESOLUTIONS                                                   
                                                                                                    
HJR 23                                                                                            
HOUSE JOINT RESOLUTION NO. 23 by Representative Coghill:                                            
                                                                                                    
    Relating to the USA PATRIOT Act and to the peace and security                                   
    of citizens of our country.                                                                     
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                             OF HOUSE BILLS                                                      
                                                                                                    
HB 250                                                                                            
HOUSE BILL NO. 250 by Representatives Holm and Wilson,                                              
entitled:                                                                                           
                                                                                                    
    "An Act relating to protests of state contract awards, to claims on                             
    state contracts, to the arbitration of certain state construction                               

2003-04-07                     House Journal                      Page 0819
    contract claims, and to hearings and appeals under the State                                    
    Procurement Code; making conforming amendments in the State                                     
    Procurement Code; and providing for an effective date."                                         
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
State Affairs Committees.                                                                           
                                                                                                    
HB 251                                                                                            
HOUSE BILL NO. 251 by Representatives Dahlstrom, Harris, and                                        
Hawker, entitled:                                                                                   
                                                                                                    
    "An Act exempting certain foreign pleasure craft from the                                       
    mandatory pilotage requirement."                                                                
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 160                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 160                                                                              
    "An Act relating to the emission control permit program; relating                               
    to fees for that program and to the accounting of receipts                                      
    deposited in the emission control permit receipts account; and                                  
    providing for an effective date."                                                               
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 RES RPT 5DP 2NR                                                     559                            
 FN1: (DEC)                                                          559                            
 FIN RPT CS(FIN) 10DP                                                665                            
 FN2: ZERO(DEC)                                                      666                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    

2003-04-07                     House Journal                      Page 0820
    CS FOR HOUSE BILL NO. 160(FIN)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 160(FIN) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 160(FIN) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSHB 160(FIN) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 160(FIN)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn,                                
Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels,                                       
Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf                                        
                                                                                                    
Excused:  Heinze, Kohring                                                                           
                                                                                                    
And so, CSHB 160(FIN) 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.                                
                                                                                                    
CSHB 160(FIN) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    
                                                                                                    
HB 184                                                                                            
The following was read the second time:                                                             
                                                                                                    

2003-04-07                     House Journal                      Page 0821
    SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 184                                                       
    "An Act relating to individual deferred annuities; and providing                                
    for an effective date."                                                                         
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 L&C RPT CS(L&C) 5DP                                                 764                            
 FN1: ZERO(CED)                                                      764                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                    
    184(L&C)                                                                                        
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSSSHB 184(L&C) be considered engrossed, advanced to third                                          
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
CSSSHB 184(L&C) was read the third time.                                                            
                                                                                                    
Representative Rokeberg moved and asked unanimous consent that he                                   
be allowed to abstain from voting because of a conflict of interest.                                
Objection was heard, and Representative Rokeberg was required to                                    
vote.                                                                                               
                                                                                                    
                                                                                                    
The question being:  "Shall CSSSHB 184(L&C) pass the House?"                                        
The roll was taken with the following result:                                                       
                                                                                                    
CSSSHB 184(L&C)                                                                                     
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    

2003-04-07                     House Journal                      Page 0822
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn,                                
Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels,                                       
Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf                                        
                                                                                                    
Excused:  Heinze, Kohring                                                                           
                                                                                                    
And so, CSSSHB 184(L&C) 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.                                
                                                                                                    
Representative Gruenberg gave notice of reconsideration of the vote                                 
on CSSSHB 184(L&C).                                                                                 
                                                                                                    
                                                                                                    
                  SECOND READING OF SENATE RESOLUTIONS                                           
                                                                                                    
SCR 1                                                                                             
The following was read the second time:                                                             
                                                                                                    
    CS FOR SENATE CONCURRENT RESOLUTION NO. 1(FIN)                                                  
    Relating to economic development generated by new road                                          
    construction and to the design and construction of the Hot Springs                              
    Loop Road to connect Chena Hot Springs and Circle Hot Springs,                                  
    of a highway along the Bradfield/Iskut Rivers transportation                                    
    corridor, of the Knik Arm Crossing, of a road from Iliamna Bay to                               
    Pile Bay, and of other roads and highways.                                                      
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 TRA RPT HCS(TRA) 5DP 2NR                                            667                            
 FN1: ZERO(DOT)                                                      667                            
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original                                   
resolution:                                                                                         
                                                                                                    

2003-04-07                     House Journal                      Page 0823
    HOUSE CS FOR CS FOR SENATE CONCURRENT                                                           
    RESOLUTION NO. 1(TRA)                                                                           
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representative Gatto:                                                
                                                                                                    
Page 4, line 7, following "Peninsula":                                                              
 Insert "; and be it                                                                                
 FURTHER RESOLVED that the Alaska State Legislature                                               
supports the design and construction and realignment of Trunk Road                                  
in the Matanuska-Susitna Valley to serve as a major north-south                                     
corridor for future development"                                                                    
                                                                                                    
Representative Gatto moved and asked unanimous consent that                                         
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Holm objected.                                                                       
                                                                                                    
Representative Coghill placed a call of the House and lifted the call.                              
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
Majority Caucus          Speaker's Chamber              upon recess, 4/7                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House recess until 5:00 p.m.  There being no objection, the House                                   
recessed at 12:33 p.m.                                                                              
                                                                                                    
                              AFTER RECESS                                                       
                                                                                                    
The Speaker called the House back to order at 5:17 p.m.                                             
                                                                                                    
                  SECOND READING OF SENATE RESOLUTIONS                                           
                              (Continued)                                                          
                                                                                                    
SCR 1                                                                                             
The following was before the House in second reading with                                           
Amendment No. 1 moved and pending:                                                                  
                                                                                                    

2003-04-07                     House Journal                      Page 0824
    HOUSE CS FOR CS FOR SENATE CONCURRENT                                                           
    RESOLUTION NO. 1(TRA)                                                                           
    Relating to economic development generated by new road                                          
    construction and to the design and construction of the Hot Springs                              
    Loop Road to connect Chena Hot Springs and Circle Hot Springs,                                  
    of a highway along the Bradfield/Iskut Rivers transportation                                    
    corridor, of the Knik Arm Crossing, of a road from Iliamna Bay to                               
    Pile Bay, and of other roads and highways.                                                      
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSCR 1(TRA)                                                                                    
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  11   NAYS:  19   EXCUSED:  2   ABSENT:  8                                                  
                                                                                                    
Yeas:  Cissna, Croft, Dahlstrom, Gatto, Harris, Kapsner, Kerttula,                                  
Masek, Stoltze, Weyhrauch, Williams                                                                 
                                                                                                    
Nays:  Berkowitz, Chenault, Coghill, Fate, Foster, Hawker, Holm,                                    
Kott, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels,                                         
Seaton, Whitaker, Wilson, Wolf                                                                      
                                                                                                    
Excused:  Heinze, Kohring                                                                           
                                                                                                    
Absent:  Anderson, Crawford, Gara, Gruenberg, Guttenberg, Joule,                                    
Kookesh, Moses                                                                                      
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
Amendment No. 2 was not offered.                                                                    
                                                                                                    
Amendment No. 3 was offered  by Representative Kerttula:                                             
                                                                                                    
Page 2, line 20, following "base", through line 27:                                                 
 Delete all material.                                                                               
 Insert "due to a severe decline in the timber, mining, and fishing                                 
industries; and"                                                                                    
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 3 be adopted.                                                                         
                                                                                                    

2003-04-07                     House Journal                      Page 0825
Representative Holm objected.                                                                       
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSCR 1(TRA)                                                                                    
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
                                                                                                    
YEAS:  15   NAYS:  19   EXCUSED:  2   ABSENT:  4                                                  
                                                                                                    
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Crawford, Croft, Gara, Gatto,                                   
Kapsner, Kerttula, Kott, Lynn, McGuire, Moses, Weyhrauch,                                           
Williams                                                                                            
                                                                                                    
                                                                                                    
Nays:  Chenault, Coghill, Dahlstrom, Fate, Foster, Harris, Hawker,                                  
Holm, Masek, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                         
Stoltze, Whitaker, Wilson, Wolf                                                                     
                                                                                                    
                                                                                                    
Excused:  Heinze, Kohring                                                                           
                                                                                                    
                                                                                                    
Absent:  Gruenberg, Guttenberg, Joule, Kookesh                                                      
                                                                                                    
And so, Amendment No. 3 was not adopted.                                                            
                                                                                                    
                                                                                                    
Amendment No. 4 was offered  by Representatives Williams and                                         
Weyhrauch:                                                                                          
                                                                                                    
                                                                                                    
Page 3, line 16, following "region;":                                                               
 Insert "and                                                                                        
 WHEREAS the Ralph M. Bartholomew Veterans' Memorial                                              
Bridge connecting the City of Ketchikan to Gravina Island has been                                  
identified as a project that will provide needed access to the Ketchikan                            
International Airport and foster future development of Gravina Island;                              
and                                                                                                 
 WHEREAS the East Lynn Canal Road connecting the City of                                          
Juneau with northern Southeast Alaska communities would have a                                      
profound impact on the economy of Juneau and enhance regional                                       
development and transportation infrastructure;"                                                     
                                                                                                    

2003-04-07                     House Journal                      Page 0826
Page 4, line 7, following "Peninsula":                                                              
 Insert "; and be it                                                                                
 FURTHER RESOLVED that the Alaska State Legislature                                               
supports the design and construction of the Ralph M. Bartholomew                                    
Veterans' Memorial Bridge to connect the City of Ketchikan and                                      
Gravina Island and the East Lynn Canal Road alignment connecting                                    
the City of Juneau to northern Southeast Alaska"                                                    
                                                                                                    
Representative Williams moved and asked unanimous consent that                                      
Amendment No. 4 be adopted.                                                                         
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSCR 1(TRA)                                                                                    
Second Reading                                                                                      
Amendment No. 4                                                                                     
                                                                                                    
                                                                                                    
YEAS:  19   NAYS:  15   EXCUSED:  2   ABSENT:  4                                                  
                                                                                                    
                                                                                                    
Yeas:  Anderson, Chenault, Crawford, Croft, Dahlstrom, Foster, Gatto,                               
Kapsner, Kott, Lynn, McGuire, Meyer, Morgan, Moses, Rokeberg,                                       
Stoltze, Weyhrauch, Williams, Wolf                                                                  
                                                                                                    
Nays:  Berkowitz, Cissna, Coghill, Fate, Gara, Harris, Hawker, Holm,                                
Kerttula, Masek, Ogg, Samuels, Seaton, Whitaker, Wilson                                             
                                                                                                    
Excused:  Heinze, Kohring                                                                           
                                                                                                    
Absent:  Gruenberg, Guttenberg, Joule, Kookesh                                                      
                                                                                                    
                                                                                                    
Kott changed from "Nay" to "Yea".                                                                   
Croft changed from "Nay" to "Yea".                                                                  
McGuire changed from "Nay" to "Yea".                                                                
Wolf changed from "Nay" to "Yea".                                                                   
Dahlstrom changed from "Nay" to "Yea".                                                              
Lynn changed from "Nay" to "Yea".                                                                   
                                                                                                    
And so, Amendment No. 4 was adopted.                                                                
                                                                                                    

2003-04-07                     House Journal                      Page 0827
Amendment No. 5 (technical) was offered by Representative                                           
Weyhrauch:                                                                                          
                                                                                                    
Page 4, line 12, following "City of Fairbanks,"                                                     
 Insert "City and Borough of Juneau,"                                                               
                                                                                                    
Representative Weyhrauch moved and asked unanimous consent that                                     
Amendment No. 5 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
The question being:  "Shall HCS CSSCR 1(TRA) am H pass the                                          
House?"  The roll was taken with the following result:                                              
                                                                                                    
HCS CSSCR 1(TRA) am H                                                                               
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
                                                                                                    
YEAS:  29   NAYS:  4   EXCUSED:  2   ABSENT:  5                                                   
                                                                                                    
                                                                                                    
Yeas:  Anderson, Chenault, Cissna, Crawford, Croft, Dahlstrom, Fate,                                
Foster, Gatto, Harris, Hawker, Holm, Kapsner, Kott, Lynn, Masek,                                    
McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze,                                    
Weyhrauch, Whitaker, Williams, Wilson, Wolf                                                         
                                                                                                    
Nays:  Berkowitz, Coghill, Gara, Kerttula                                                           
                                                                                                    
Excused:  Heinze, Kohring                                                                           
                                                                                                    
Absent:  Gruenberg, Guttenberg, Joule, Kookesh, Moses                                               
                                                                                                    
And so, HCS CSSCR 1(TRA) am H passed the House.                                                     
                                                                                                    
                                                                                                    
Representative Berkowitz gave notice of reconsideration of the vote                                 
on HCS CSSCR 1(TRA) am H.                                                                           
                                                                                                    
                                                                                                    
                         LEGISLATIVE CITATIONS                                                   
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citation on the calendar.  There being no objection,                              
the following citation was approved and sent to enrolling:                                          
                                                                                                    

2003-04-07                     House Journal                      Page 0828
In Memoriam - Sheryl Roberta Nelson, Shandelle Marie Nelson,                                        
Adrienne Shalon Nore                                                                                
By Representatives Wilson, Kott, Anderson, Berkowitz, Chenault,                                     
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara,                                    
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner,                                 
Kerttula, Kohring, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                    
Samuels, Seaton, Weyhrauch, Williams, Wolf; Senator Taylor                                          
                                                                                                    
                                                                                                    
                      CONCUR IN SENATE AMENDMENTS                                                
                                                                                                    
HJR 18                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 811) on the following at this                               
time:                                                                                               
                                                                                                    
    CS FOR HOUSE JOINT RESOLUTION NO. 18(MLV) am                                                    
    Supporting the men and women of the United States armed forces.                                 
                                                                                                    
and                                                                                                 
                                                                                                    
    SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.                                                 
    18(STA)                                                                                         
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHJR 18(MLV) am, thus adopting SCS CSHJR
18(STA), and recommended that the members vote yes.                                                 
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHJR 18(MLV) am?"  The roll was taken with the                                        
following result:                                                                                   
                                                                                                    
SCS CSHJR 18(STA)                                                                                   
Concur                                                                                              
                                                                                                    
                                                                                                    
YEAS:  33   NAYS:  0   EXCUSED:  2   ABSENT:  5                                                   
                                                                                                    

2003-04-07                     House Journal                      Page 0829
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Harris, Hawker, Holm,                                  
Kapsner, Kerttula, Kott, Lynn, Masek, McGuire, Meyer, Morgan,                                       
Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker,                                       
Williams, Wilson, Wolf                                                                              
                                                                                                    
Excused:  Heinze, Kohring                                                                           
                                                                                                    
Absent:  Gruenberg, Guttenberg, Joule, Kookesh, Moses                                               
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHJR 18(STA).                                                                                  
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
SCS CSHJR 18(STA) was referred to the Chief Clerk for enrollment.                                   
                                                                                                    
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following member be excused from a call of the House.  There being                                  
no objection, the member was excused as noted:                                                      
                                                                                                    
Representative Moses - from 7:00 a.m. to 10:00 p.m., April 8, 2003                                  
                                                                                                    
                                                                                                    
HB 25                                                                                             
The Speaker waived the Finance Committee referral for the following                                 
at the request of Representative Williams, Co-chair:                                                
                                                                                                    
    HOUSE BILL NO. 25                                                                               
    "An Act relating to health care decisions, including do not                                     
    resuscitate orders and the donation of body parts, and to powers of                             
    attorney relating to health care, including the donation of body                                
    parts; and providing for an effective date."                                                    
                                                                                                    
                                                                                                    
HB 25 was removed from the Finance Committee and referred to the                                    
Rules Committee for placement on the calendar.                                                      
                                                                                                    

2003-04-07                     House Journal                      Page 0830
HB 57                                                                                             
The Finance Committee submitted the forthcoming fiscal note to                                      
accompany their report (page 762):                                                                  
                                                                                                    
2.  Fiscal, Dept. of Natural Resources                                                              
                                                                                                    
for the following:                                                                                  
                                                                                                    
    CS FOR HOUSE BILL NO. 57(FIN)                                                                   
    "An Act amending the manner of determining the royalty received                                 
    by the state on gas production as it relates to the manufacture of                              
    certain value-added products."                                                                  
                                                                                                    
HB 57 is in the Rules Committee.                                                                    
                                                                                                    
HJR 22                                                                                            
Representative Crawford added his name as cosponsor to:                                             
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 22                                                                   
    Relating to the USA PATRIOT Act and to defending the Bill of                                    
    Rights, the Constitution of the State of Alaska, and civil liberties.                           
                                                                                                    
HB 15                                                                                             
Representative Seaton added his name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 15                                                                               
    "An Act relating to establishing the Alaska No-Call List, a data                                
    base of residential telephone customers who do not wish to                                      
    receive telephonic solicitations; providing that the data base be                               
    compiled at no cost to the customers; requiring paid telephonic                                 
    sellers to purchase the data base; requiring telephonic sellers to                              
    identify themselves; requiring telephonic solicitors who are                                    
    otherwise exempt from registration as telephonic solicitors to file                             
    with the Department of Law and purchase the data base; and                                      
    providing for an effective date."                                                               
                                                                                                    
HB 102                                                                                            
Representatives Dahlstrom and Kott added their names as cosponsors                                  
to:                                                                                                 
                                                                                                    

2003-04-07                     House Journal                      Page 0831
    HOUSE BILL NO. 102                                                                              
    "An Act relating to concealed deadly weapons."                                                  
                                                                                                    
HB 177                                                                                            
Representative Samuels added his name as cosponsor to:                                              
                                                                                                    
    SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 177                                                       
    "An Act relating to concealed handguns."                                                        
                                                                                                    
HB 184                                                                                            
Representative Lynn added his name as cosponsor to:                                                 
                                                                                                    
    CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                    
    184(L&C)                                                                                        
    "An Act relating to individual deferred annuities; and providing                                
    for an effective date."                                                                         
                                                                                                    
HB 209                                                                                            
Representative Wolf added his name as cosponsor to:                                                 
                                                                                                    
    HOUSE BILL NO. 209                                                                              
    "An Act relating to municipal property tax adjustments for                                      
    property affected by a disaster."                                                               
                                                                                                    
HB 214                                                                                            
Representative Dahlstrom added her name as cosponsor to:                                            
                                                                                                    
    HOUSE BILL NO. 214                                                                              
    "An Act relating to the recovery of punitive damages against an                                 
    employer who is determined to be vicariously liable for the act or                              
     omission of an employee; and providing for an effective date."                                
                                                                                                    
HB 228                                                                                            
Representative Lynn added his name as cosponsor to:                                                 
                                                                                                    
    HOUSE BILL NO. 228                                                                              
    "An Act relating to state employees who are called to active duty                               
    as reserve or auxiliary members of the armed forces of the United                               
    States; and providing for an effective date."                                                   
                                                                                                    
                                                                                                    

2003-04-07                     House Journal                      Page 0832
SCR 1                                                                                             
Representatives Holm and Dahlstrom added their names as cross                                       
sponsors to:                                                                                        
                                                                                                    
    HOUSE CS FOR CS FOR SENATE CONCURRENT                                                           
    RESOLUTION NO. 1(TRA) am H                                                                      
    Relating to economic development generated by new road                                          
    construction and to the design and construction of the Hot Springs                              
    Loop Road to connect Chena Hot Springs and Circle Hot Springs,                                  
    of a highway along the Bradfield/Iskut Rivers transportation                                    
    corridor, of the Knik Arm Crossing, of a road from Iliamna Bay to                               
    Pile Bay, and of other roads and highways.                                                      
                                                                                                    
SB 74                                                                                             
Reconsideration of the following was not taken up on this legislative                               
day.  It was signed by the Speaker and Chief Clerk and returned to the                              
Senate:                                                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 74(RES) am                                                               
    "An Act extending the renewal period for oil discharge prevention                               
    and contingency plans; and providing for an effective date."                                    
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HB 160                                                                                            
CSHB 160(FIN) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., April 8, 2003.  There being no                                      
objection, the House adjourned at 5:47 p.m.                                                         
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk