Legislature(2003 - 2004)
2003-04-29 House Journal
Full Journal pdf2003-04-29 House Journal Page 1175 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- FIRST SESSION Juneau, Alaska Tuesday April 29, 2003 Ninety-ninth Day Pursuant to adjournment the House was called to order by Speaker Kott at 10:13 a.m. Roll call showed 38 members present. Representatives Gruenberg and Weyhrauch were absent and their presence was noted later. The invocation was offered by the Chaplain, Pastor Jimmie Woods of Glacier Valley Baptist Church. Representative Meyer moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. I realize and recognize that each of us have our own religious convictions and I invite you to pray in your custom and habit. God, thank You for the privilege to pray to You at the beginning of this week in this House of Representatives. Father, I pray the prayer of the chaplain of the U.S. Senate: "We need a profound spiritual awakening once again. Forgive our nation's humanistic secularism, materialism, and insensitivity to the problems of poverty, racism, and injustice. Lower Your plumb line of righteousness on every facet of our society and reveal what is out of plumb for what You desire." May our prayers draw us to Your heart. I want this prayer to begin a continuous conversation with You throughout this day. Help us to listen, discern Your will, and obey with faithfulness. You are our Lord and Savior. In the name of Jesus, I pray. Amen. 2003-04-29 House Journal Page 1176 The Pledge of Allegiance was led by Representative Chenault. CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 98th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 69 A message dated April 28, 2003, was read stating the Senate has passed HB 69 with the following amendment and it is transmitted for consideration: SENATE CS FOR HOUSE BILL NO. 69(RES) "An Act relating to regulation of shallow natural gas leasing and closely related energy projects; and providing for an effective date." HB 69 is under Unfinished Business. **The presence of Representative Gruenberg was noted. A message dated April 28, 2003, was read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SJR 16 SENATE JOINT RESOLUTION NO. 16 by Senators Bunde, Wilken, Dyson, Cowdery, Taylor, Seekins, and Wagoner: Encouraging the federal government to end the federal subsidy of ethanol, and requesting the Congress of the United States to mandate that land currently used to grow corn for the production of ethanol be returned to its natural state. was read the first time and referred to the State Affairs Committee. 2003-04-29 House Journal Page 1177 FIRST READING AND REFERENCE OF SENATE BILLS SB 151 CS FOR SENATE BILL NO. 151(L&C) by the Senate Labor & Commerce Committee, entitled: "An Act relating to the regulation of natural gas pipelines under the Pipeline Act; and providing for an effective date." was read the first time and referred to the Resources Committee. **The presence of Representative Weyhrauch was noted. COMMUNICATIONS The following was received: Dept. of Natural Resources Division of Geological & Geophysical Surveys Annual Report 2002 (as required by AS 41.08.030) REPORTS OF STANDING COMMITTEES HB 97 The Finance Committee has considered: HOUSE BILL NO. 97 "An Act authorizing a long-term lease of certain Alaska Railroad Corporation land at Anchorage; and providing for an effective date." The report was signed by Representative Williams, Co-chair, with the following individual recommendations: Do pass (5): Foster, Whitaker, Chenault, Croft, Williams No recommendation (4): Stoltze, Hawker, Joule, Moses 2003-04-29 House Journal Page 1178 The following fiscal note(s) apply: 1. Zero, Dept. of Community & Economic Development HB 97 was referred to the Rules Committee for placement on the calendar. HB 105 The Finance Committee has considered: HOUSE BILL NO. 105 "An Act relating to loans to satisfy past due federal tax obligations of commercial fishermen and to the commercial fishing loan program." and recommends it be replaced with: CS FOR HOUSE BILL NO. 105(FIN) (same title) The report was signed by Representatives Harris and Williams, Co- chairs, with the following individual recommendations: Do pass (5): Croft, Foster, Chenault, Harris, Williams No recommendation (3): Joule, Stoltze, Moses The following fiscal note(s) apply to CSHB 105(FIN): 1. Fiscal, Dept. of Community & Economic Development HB 105 was referred to the Rules Committee for placement on the calendar. HB 192 The Finance Committee has considered: 2003-04-29 House Journal Page 1179 HOUSE BILL NO. 192 "An Act designating the Department of Natural Resources as lead agency for resource development projects; making conforming amendments; 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, Stoltze, Chenault, Whitaker, Foster, Harris, Williams No recommendation (2): Croft, Moses The following fiscal note(s) apply: 1. Fiscal, Dept. of Natural Resources 2. Zero, Dept. of Environmental Conservation HB 192 was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES SB 95 The House Special Committee on Education has considered: SENATE BILL NO. 95 "An Act relating to strikes by employees of a municipal school district, a regional educational attendance area, or a state boarding school, and requiring notice of at least 72 hours of a strike by those employees." The report was signed by Representative Gatto, Chair, with the following individual recommendations: Do pass (5): Wilson, Wolf, Ogg, Seaton, Gatto No recommendation (1): Gara The following fiscal note(s) apply: 2003-04-29 House Journal Page 1180 1. Zero, Dept. of Labor & Workforce Development SB 95 was referred to the Labor & Commerce Committee. INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE RESOLUTIONS HCR 20 HOUSE CONCURRENT RESOLUTION NO. 20 by the House Finance Committee: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 115, relating to correctional industries. was read the first time and referred to the Rules Committee for placement on the calendar. HJR 27 HOUSE JOINT RESOLUTION NO. 27 by Representative Meyer: Relating to support for a federal appropriation for expansion of the Anchorage Jail. was read the first time and referred to the State Affairs Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 108 The following was read the second time: SENATE BILL NO. 108 "An Act relating to payment rates under the Medicaid program for health facilities and to budgeting, accounting, and reporting requirements for those facilities; abolishing the Medicaid Rate Advisory Commission; and providing for an effective date." 2003-04-29 House Journal Page 1181 with the: Journal Page FIN RPT HCS(FIN) 6DP 1NR 1124 FN1: (HSS) 1125 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR SENATE BILL NO. 108(FIN) (same title) There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that HCS SB 108(FIN) be considered engrossed, advanced to third reading, and placed on final passage. Objection was heard. HCS SB 108(FIN) will advance to third reading on tomorrow's calendar. SB 120 The following was read the second time: SENATE BILL NO. 120 "An Act relating to the state's sovereign immunity for certain actions regarding injury, illness, or death of state-employed seamen and to workers' compensation coverage for those seamen; and providing for an effective date." with the: Journal Page FIN RPT 6DP 1DNP 2NR 1125 FN1: ZERO(ADM) 1125 FN2: (LWF) 1125 Representative Coghill moved and asked unanimous consent that SB 120 be considered engrossed, advanced to third reading, and placed on final passage. 2003-04-29 House Journal Page 1182 Objection was heard. SB 120 will advance to third reading on tomorrow's calendar. THIRD READING OF HOUSE BILLS HB 203 The following, which was advanced to third reading from the April 28, 2003, calendar (page 1158), was read the third time: HOUSE BILL NO. 203 "An Act relating to the definitions of 'net income' and 'unrestricted net income' for purposes of calculating the dividends to be paid to the state by the Alaska Industrial Development and Export Authority; and providing for an effective date." The question being: "Shall HB 203 pass the House?" The roll was taken with the following result: HB 203 Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Wilson, Wolf Absent: Williams And so, HB 203 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 203 was referred to the Chief Clerk for engrossment. 2003-04-29 House Journal Page 1183 HB 212 The following, which was advanced to third reading from the April 28, 2003, calendar (page 1159), was read the third time: CS FOR HOUSE BILL NO. 212(JUD) "An Act relating to trusts, including trust protectors, trustee advisors, transfers of property in trust, and transfers of trust interests, and to creditors' claims against property subject to a power of appointment." The question being: "Shall CSHB 212(JUD) pass the House?" The roll was taken with the following result: CSHB 212(JUD) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Wilson, Wolf Absent: Williams And so, CSHB 212(JUD) passed the House and was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative Coghill moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: 2003-04-29 House Journal Page 1184 Honoring - Andre Hogg, Eagle Scout By Representatives Heinze, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf Honoring - Travis Clark, Eagle Scout By Representatives Weyhrauch, Kerttula, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Whitaker, Williams, Wilson, Wolf; Senator Elton Honoring - Kyle Russell, Eagle Scout By Representatives Weyhrauch, Kerttula, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Whitaker, Williams, Wilson, Wolf; Senator Elton Honoring - Aaron Bruce, Eagle Scout By Representatives Weyhrauch, Kerttula, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Whitaker, Williams, Wilson, Wolf; Senator Elton Honoring - Kevin Shaw, Eagle Scout By Representatives Weyhrauch, Kerttula, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Whitaker, Williams, Wilson, Wolf; Senator Elton 2003-04-29 House Journal Page 1185 Honoring - Beta Sigma Phi By Representatives Weyhrauch, Kerttula, Kott, Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kohring, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Williams, Wilson, Wolf; Senator Elton In Memoriam - Andres Aquino Cadiente, Sr. By Representatives Weyhrauch, Kerttula, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Williams, Wilson, Wolf; Senator Elton In Memoriam - George "Bud" Danby By Representatives Seaton, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Stoltze, Weyhrauch, Williams, Wilson, Wolf In Memoriam - Dora O. Uluktluk Mulch By Representatives Seaton, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Stoltze, Weyhrauch, Williams, Wilson, Wolf In Memoriam - Muriel "Ruth" Lofstedt By Senator Wagoner; Representatives Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf 2003-04-29 House Journal Page 1186 In Memoriam - Noel Kathleen Grant Smith By Senator Taylor; Representatives Wilson, Kott, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kookesh, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wolf UNFINISHED BUSINESS HB 56 The Speaker added a Finance Committee referral to follow the Judiciary Committee referral for the following: HOUSE BILL NO. 56 "An Act relating to the attorney fees and costs awarded in certain court actions relating to unfair trade practices; and, if considered court rule changes, amending Rules 54(d), 79, and 82, Alaska Rules of Civil Procedure." HB 56 is in the Judiciary Committee. HCR 19 Representative Wilson, Chair of the Health, Education & Social Services Committee, moved and asked unanimous consent that the five-day notice for first public hearing be waived for a May 1, 2003, meeting on the following: HOUSE CONCURRENT RESOLUTION NO. 19 Urging implementation of an Alaska history curriculum in public schools. Representative Wilson moved and asked unanimous consent to withdraw the motion. Representative Berkowitz objected and withdrew the objection. 2003-04-29 House Journal Page 1187 Representative Wilson moved and asked unanimous consent to withdraw the previous motion. There being no objection, it was so ordered and the motion to waive the five-day notice was again before the House. The Rules Committee Chair indicated that the motion would, in effect, also waive the Thursday notification requirement in Uniform Rule 23(a), and asked for a ruling. The Speaker concurred and ruled that the motion was not procedural and would not be precedential for future application. There being no objection, Uniform Rule 23(a) was waived and HCR 19 is scheduled for a Health, Education & Social Services Committee meeting on May 1, 2003. HB 191 Representative McGuire, Chair, moved and asked unanimous consent that the Judiciary Committee referral be waived for the following: HOUSE BILL NO. 191 "An Act relating to the Alaska coastal management program and to policies and procedures for consistency reviews and the rendering of consistency determinations under that program; relating to the functions of coastal resource service areas; creating an Alaska Coastal Program Evaluation Council; eliminating the Alaska Coastal Policy Council; annulling certain regulations relating to the Alaska coastal management program; relating to actions based on private nuisance; relating to zoning within a third class borough covered by the Alaska coastal management program; and providing for effective dates." Representative Berkowitz objected. Representative McGuire moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. HB 191 is in the Resources Committee. 2003-04-29 House Journal Page 1188 HCR 14 Representatives Hawker and Ogg added their names as cosponsors to: HOUSE CONCURRENT RESOLUTION NO. 14 Relating to urging school districts to implement an Alaska history curriculum. HB 10 Representative Wolf added his name as cosponsor to: HOUSE BILL NO. 10 "An Act amending the definition of group health insurance, and allowing the Department of Administration to obtain a policy or policies of group health care insurance for employers that are small businesses, nonprofit organizations, special services organizations, or small associations for insurance purposes; and providing for an effective date." HB 102 Representatives Harris, Fate, Wilson, and McGuire added their names as cosponsors to: HOUSE BILL NO. 102 "An Act relating to concealed deadly weapons." HB 212 Representative Lynn added his name as cosponsor to: CS FOR HOUSE BILL NO. 212(JUD) "An Act relating to trusts, including trust protectors, trustee advisors, transfers of property in trust, and transfers of trust interests, and to creditors' claims against property subject to a power of appointment." HB 282 Representative Guttenberg added his name as cosponsor to: 2003-04-29 House Journal Page 1189 HOUSE BILL NO. 282 "An Act relating to contracts between the University of Alaska and its employees involving research or other development of intellectual property and to the authority of the president of the University of Alaska regarding employee contracts for development of intellectual property." ENGROSSMENT HB 203 HB 203 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 212 CSHB 212(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 224 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: 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." HB 248 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: HOUSE BILL NO. 248 "An Act relating to the annual salary of the chief procurement officer; and providing for an effective date." 2003-04-29 House Journal Page 1190 ENROLLMENT HCR 2 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 4:45 p.m., April 28, 2003: SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION NO. 2(CRA) Relating to the extension of the Alaska Railroad to Delta Junction and Fort Greely to support expanding resource development, agricultural, and military activities. HB 64 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 4:45 p.m., April 28, 2003: CS FOR HOUSE BILL NO. 64(JUD) "An Act relating to court approval of the purchase of structured settlements." ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meeting today has been changed as indicated: House Special Committee on Education CHANGED TO: upon adj., 4/29 ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 30, 2003. There being no objection, the House adjourned at 11:59 a.m. Suzi Lowell Chief Clerk