Legislature(2003 - 2004)

2003-04-17 House Journal

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2003-04-17                     House Journal                      Page 1021
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
               TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                         
                                                                                                    
Juneau, Alaska                  Thursday                 April 17, 2003                           
                                                                                                    
                           Eighty-seventh Day                                                  
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 10:13 a.m.                                                                                  
                                                                                                    
                                                                                                    
Roll call showed 30 members present.  Representatives Chenault,                                     
Dahlstrom, Harris, Joule, Kohring, McGuire, Morgan, Moses,                                          
Williams, and Wolf had been previously excused from a call of the                                   
House today.                                                                                        
                                                                                                    
                                                                                                    
The invocation was offered by the Chaplain, Pastor Sam Dalin of                                     
River of Glory Church.  Representative Coghill moved and asked                                      
unanimous consent that the invocation be spread on the journal.  There                              
being no objection, it was so ordered.                                                              
                                                                                                    
                                                                                                    
    Let us pray.  The Bible says "for God so loved the world that                                   
    He gave . . ."  Let us, let me, be a giving person.  These men                                  
    and women give of their time, talent, and hard work for the                                     
    good of the great land of Alaska.  As these men and women                                       
    serve, may it be done with love, O Lord, we pray.  Grant them                                   
    wisdom beyond their natural ability.  Grant them great                                          
    understanding of the issues that are at hand.  Let love guide us                                
    all for a better Alaska.  We pray this in the Name of God the                                   
    Father, God the Son, and God the Holy Spirit.  Amen.                                            
                                                                                                    
                                                                                                    
The Pledge of Allegiance was led by Representative Lynn.                                            
                                                                                                    

2003-04-17                     House Journal                      Page 1022
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 86th legislative day be approved as certified by the                                
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                       MESSAGES FROM THE GOVERNOR                                                
                                                                                                    
HB 139                                                                                            
A message dated April 16, 2003, was read stating the Governor has                                   
signed the following bill and is transmitting the engrossed and enrolled                            
copies to the Lieutenant Governor's office for permanent filing:                                    
                                                                                                    
    CS FOR HOUSE BILL NO. 139(RES)                                                                  
    "An Act approving an interim classification by the commissioner                                 
    of natural resources closing certain land within the Glacier Creek                              
    and Winner Creek drainages to new mineral entry; and providing                                  
    for an effective date."                                                                         
                                                                                                    
    Chapter No. 8, SLA 2003                                                                         
    Effective Date:  See Chapter                                                                    
                                                                                                    
SB 78                                                                                             
A message dated April 16, 2003, was read stating the Governor has                                   
signed the following bill and is transmitting the engrossed and enrolled                            
copies to the Lieutenant Governor's office for permanent filing:                                    
                                                                                                    
    SENATE BILL NO. 78 am H                                                                         
    "An Act relating to an optional group of persons eligible for                                   
    medical assistance who require treatment for breast and cervical                                
    cancer; relating to cost sharing by those recipients under the                                  
    medical assistance program; and providing for an effective date."                               
                                                                                                    
    Chapter No. 9, SLA 2003                                                                         
    Effective Date:  April 17, 2003                                                                 
                                                                                                    
                             COMMUNICATIONS                                                      
                                                                                                    
The following were received:                                                                        
                                                                                                    

2003-04-17                     House Journal                      Page 1023
Dept. of Community & Economic Development                                                           
Division of Banking, Securities, and Corporations                                                   
Alaska Growth Capital BIDCO, Inc.                                                                   
Economic Development Effect                                                                         
April 10, 2003                                                                                      
(as required by AS 10.13.590)                                                                       
                                                                                                    
Dept. of Community & Economic Development                                                           
Division of Investments                                                                             
2002 Annual Report of Fisheries                                                                     
Enhancement Loan Extensions                                                                         
April 10, 2003                                                                                      
(as required by AS 16.10.510)                                                                       
                                                                                                    
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
HB 224                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 224                                                                              
    "An Act relating to a tobacco product manufacturer's compliance                                 
    with certain statutory requirements regarding cigarette sales; and                              
    providing for an effective date."                                                               
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (8):  Meyer, Hawker, Croft, Chenault, Whitaker, Foster,                                     
Harris, Williams                                                                                    
                                                                                                    
No recommendation (2):  Stoltze, Moses                                                              
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Law                                                                              
2.  Zero, Dept. of Revenue                                                                          
3.  Zero, Dept. of Health & Social Services                                                         
                                                                                                    
HB 224 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    

2003-04-17                     House Journal                      Page 1024
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
HB 225                                                                                            
The House Special Committee on Economic Development,                                                
International Trade, & Tourism has considered:                                                      
                                                                                                    
    HOUSE BILL NO. 225                                                                              
    "An Act relating to certain civil actions brought by the attorney                               
    general under monopoly and restraint of trade statutes; relating to                             
    the award of damages in actions brought under those statutes; and                               
    providing for an effective date."                                                               
                                                                                                    
The report was signed by Representative Heinze, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Dahlstrom, Kott, Cissna, Heinze                                                       
                                                                                                    
No recommendation (1):  Crawford                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Indeterminate, Dept. of Law                                                                     
                                                                                                    
HB 225 was referred to the Judiciary Committee.                                                     
                                                                                                    
SJR 12                                                                                            
The House Special Committee on Fisheries has considered:                                            
                                                                                                    
    CS FOR SENATE JOINT RESOLUTION NO. 12(RES)                                                      
    Supporting the halibut by-catch utilization project of the Alaska                               
    Food Coalition.                                                                                 
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO.                                                 
    12(FSH)                                                                                         
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Seaton, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    

2003-04-17                     House Journal                      Page 1025
Do pass (5):  Heinze, Ogg, Guttenberg, Wilson, Seaton                                               
                                                                                                    
The following fiscal note(s) apply to HCS CSSJR 12(FSH):                                            
                                                                                                    
1.  Zero, Dept. of Fish & Game                                                                      
                                                                                                    
CSSJR 12(RES) was referred to the Resources Committee.                                              
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citation was introduced and referred to the Rules                                     
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Mona Catherine Jackson                                                                   
By Representative Kookesh; Senator Lincoln                                                          
                                                                                                    
                                                                                                    
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                          OF HOUSE RESOLUTIONS                                                   
                                                                                                    
HJR 26                                                                                            
HOUSE JOINT RESOLUTION NO. 26 by the House Rules                                                    
Committee by request of the Legislative Budget & Audit Committee                                    
by request:                                                                                         
                                                                                                    
    Proposing amendments to the Constitution of the State of Alaska                                 
    relating to and limiting appropriations from and inflation-proofing                             
    the Alaska permanent fund by establishing a percent of market                                   
    value spending limit.                                                                           
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Ways & Means and the Judiciary and Finance Committees.                                              
                                                                                                    
                                                                                                    
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                             OF HOUSE BILLS                                                      
                                                                                                    
HB 274                                                                                            
HOUSE BILL NO. 274 by Representatives Dahlstrom and Crawford,                                       
entitled:                                                                                           
                                                                                                    

2003-04-17                     House Journal                      Page 1026
    "An Act relating to the hours during which sale of alcohol and                                  
    entry on licensed premises are allowed; and providing for an                                    
    effective date."                                                                                
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
State Affairs Committees.                                                                           
                                                                                                    
                                                                                                    
HB 275                                                                                            
HOUSE BILL NO. 275 by Representatives Chenault and Gruenberg,                                       
entitled:                                                                                           
                                                                                                    
    "An Act relating to veterinarians and animals."                                                 
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Resources Committees.                                                                               
                                                                                                    
                                                                                                    
HB 276                                                                                            
HOUSE BILL NO. 276 by Representatives Guttenberg and Gatto,                                         
entitled:                                                                                           
                                                                                                    
    "An Act authorizing fire departments and emergency medical                                      
    services to obtain criminal justice information and motor vehicle                               
    records to screen volunteer applicants."                                                        
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
                                                                                                    
HB 277                                                                                            
HOUSE BILL NO. 277 by Representative Dahlstrom, entitled:                                           
                                                                                                    
    "An Act relating to the powers of the Regulatory Commission of                                  
    Alaska in regard to intrastate pipeline transportation services and                             
    pipeline facilities, to the rate of interest for funds to be paid by                            
    pipeline shippers or carriers at the end of a suspension of tariff                              
    filing, and to the prospective application of increased standards on                            
    regulated pipeline utilities; allowing the commission to accept                                 
    rates set in conformity with a settlement agreement between the                                 

2003-04-17                     House Journal                      Page 1027
    state and one or more pipeline carriers and to enforce the terms of                             
    a settlement agreement in regard to intrastate rates; and providing                             
    for an effective date."                                                                         
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Oil & Gas and the Labor & Commerce Committee.                                                       
                                                                                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 187                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 187                                                                              
    "An Act extending the termination date of the Board of Storage                                  
    Tank Assistance; and providing for an effective date."                                          
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 RES RPT 8DP                                                         710                            
 FN1: (DEC)                                                          710                            
 FIN RPT 11DP                                                        839                            
 FN1: (DEC)                                                          839                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
HB 187 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
HB 187 was read the third time.                                                                     
                                                                                                    
The question being:  "Shall HB 187 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HB 187                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  29   NAYS:  0   EXCUSED:  10   ABSENT:  1                                                  
                                                                                                    

2003-04-17                     House Journal                      Page 1028
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Fate,                                 
Gara, Gatto, Gruenberg, Guttenberg, Hawker, Heinze, Holm, Kapsner,                                  
Kerttula, Kookesh, Kott, Lynn, Masek, Meyer, Ogg, Rokeberg,                                         
Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Wilson                                               
                                                                                                    
Excused:  Chenault, Dahlstrom, Harris, Joule, Kohring, McGuire,                                     
Morgan, Moses, Williams, Wolf                                                                       
                                                                                                    
Absent:  Foster                                                                                     
                                                                                                    
And so, HB 187 passed the House.                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
HB 187 was referred to the Chief Clerk for engrossment.                                             
                                                                                                    
                                                                                                    
                     SECOND READING OF SENATE BILLS                                              
                                                                                                    
SB 83                                                                                             
The following was read the second time:                                                             
                                                                                                    
    SENATE BILL NO. 83                                                                              
    "An Act naming the Sven Haakanson, Sr. Airport at Old Harbor."                                  
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 TRA RPT 7DP                                                         767                            
 FN1: ZERO(DOT)                                                      768                            
 STA RPT 6DP                                                         841                            
 FN1: ZERO(DOT)                                                      841                            
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
SB 83 be considered engrossed, advanced to third reading, and placed                                
on final passage.  There being no objection, it was so ordered.                                     
                                                                                                    
SB 83 was read the third time.                                                                      
                                                                                                    

2003-04-17                     House Journal                      Page 1029
The question being:  "Shall SB 83 pass the House?"  The roll was                                    
taken with the following result:                                                                    
                                                                                                    
SB 83                                                                                               
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  30   NAYS:  0   EXCUSED:  10   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Fate,                                 
Foster, Gara, Gatto, Gruenberg, Guttenberg, Hawker, Heinze, Holm,                                   
Kapsner, Kerttula, Kookesh, Kott, Lynn, Masek, Meyer, Ogg,                                          
Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Wilson                                     
                                                                                                    
Excused:  Chenault, Dahlstrom, Harris, Joule, Kohring, McGuire,                                     
Morgan, Moses, Williams, Wolf                                                                       
                                                                                                    
And so, SB 83 passed the House, was signed by the Speaker and Chief                                 
Clerk and returned to the Senate.                                                                   
                                                                                                    
                         LEGISLATIVE CITATIONS                                                   
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citation on the calendar.  There being no objection,                              
the following citation was approved and sent to enrolling:                                          
                                                                                                    
In Memoriam - Linda Marie Norman                                                                    
By Representatives Seaton, Kott, Anderson, Berkowitz, Chenault,                                     
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara,                                    
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner,                                 
Kerttula, Masek, McGuire, Meyer, Ogg, Rokeberg, Samuels, Stoltze,                                   
Weyhrauch, Williams, Wilson                                                                         
                                                                                                    
                          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 Samuels - from 1:00 p.m., April 17 to evening plane                                  
time, April 21, 2003 (amended from page 1016)                                                       
                                                                                                    

2003-04-17                     House Journal                      Page 1030
HCR 10                                                                                            
Representative Gatto added his name as cosponsor to:                                                
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 10                                                              
    Relating to restoration of riparian habitat that is vital to the                                
    fisheries resources of the state.                                                               
                                                                                                    
HB 102                                                                                            
Representative Hawker added his name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 102                                                                              
    "An Act relating to concealed deadly weapons."                                                  
                                                                                                    
HB 194                                                                                            
Representative Whitaker added his name as cosponsor to:                                             
                                                                                                    
    HOUSE BILL NO. 194                                                                              
    "An Act creating a tax credit under the Alaska Net Income Tax                                   
    Act for contributions to regional development organizations; and                                
    providing for an effective date."                                                               
                                                                                                    
                                                                                                    
HB 221                                                                                            
Representative Lynn added his name as cosponsor to:                                                 
                                                                                                    
    HOUSE BILL NO. 221                                                                              
    "An Act making it a class C felony to knowingly make a false                                    
    statement relating to citizenship or residency on an application for                            
    voter registration or reregistration."                                                          
                                                                                                    
HB 250                                                                                            
Representative Crawford added his name as cosponsor to:                                             
                                                                                                    
    HOUSE BILL NO. 250                                                                              
    "An Act relating to protests of state contract awards, to claims on                             
    state contracts, to the arbitration of certain state construction                               
    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."                                         
                                                                                                    

2003-04-17                     House Journal                      Page 1031
                              ENGROSSMENT                                                        
                                                                                                    
HB 187                                                                                            
HB 187 was engrossed, signed by the Speaker and Chief Clerk and                                     
transmitted to the Senate for consideration.                                                        
                                                                                                    
                                                                                                    
                               ENROLLMENT                                                        
                                                                                                    
HB 71                                                                                             
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 10:20 a.m.,                                
April 17, 2003:                                                                                     
                                                                                                    
                                                                                                    
    SENATE CS FOR HOUSE BILL NO. 71(FIN)                                                            
    "An Act extending the termination date of the Board of Certified                                
    Direct-Entry Midwives; and relating to the regulation of certified                              
    direct-entry midwives."                                                                         
                                                                                                    
                                                                                                    
HB 82                                                                                             
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 10:20 a.m.,                                
April 17, 2003:                                                                                     
                                                                                                    
                                                                                                    
    CS FOR HOUSE BILL NO. 82(L&C)                                                                   
    "An Act making certain activity related to commercial electronic                                
    mail unlawful and an unfair method of competition or an unfair or                               
    deceptive act or practice under the Act enumerating unfair trade                                
    practices and consumer protections."                                                            
                                                                                                    
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    

2003-04-17                     House Journal                      Page 1032
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 2:00 p.m., April 22, 2003.  There being no                                      
objection, the House adjourned at 10:32 a.m.                                                        
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk