Legislature(2003 - 2004)

2003-05-01 House Journal

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2003-05-01                     House Journal                      Page 1223
                                                                                                    
                              HOUSE JOURNAL                                                      
                                                                                                    
                         ALASKA STATE LEGISLATURE                                                
                                                                                                    
                TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                        
                                                                                                    
Juneau, Alaska                   Thursday                    May 1, 2003                          
                                                                                                    
                          One Hundred First Day                                                
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 10:33 a.m.                                                                                  
                                                                                                    
Roll call showed 36 members present.  Representative Gatto had been                                 
previously excused from a call of the House today.  Representatives                                 
Croft and Kapsner were absent and their presence was noted later.                                   
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Wilson be excused from a call of the House today.                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
The invocation was offered by the Chaplain, Dr. Ken Friendly of                                     
Lighthouse Christian Fellowship, Anchorage.  Representative Fate                                    
moved and asked unanimous consent that the invocation be spread on                                  
the journal.  There being no objection, it was so ordered.                                          
                                                                                                    
     Father, I pray that Your spirit fall afresh on us today.                                       
     Oftentimes, our well of resources runs dry.  We need Your                                      
     strength to fill up our diminished reserves.  Bless these                                      
     legislators and all who work with and for them, that this will                                 
     be a day in which they draw on Your limitless resources for                                    
     dynamic leadership.  Give them skillful and godly wisdom, so                                   
     that these hours of discussion and debate may bring exposure                                   
     of truth and resolution.  In Jesus' name, Amen.                                                
                                                                                                    
                                                                                                    
The Pledge of Allegiance was led by Representative Williams.                                        
                                                                                                    

2003-05-01                     House Journal                      Page 1224
                       CERTIFICATION OF THE JOURNAL                                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 99th and 100th legislative days be approved as certified                            
by the Chief Clerk.  There being no objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
                        MESSAGES FROM THE GOVERNOR                                               
                                                                                                    
A letter dated April 30, 2003, was read stating that, in accordance with                            
AS 39.05.080, the Governor submits the following names for                                          
legislative confirmation of appointment to the boards and commissions                               
set out below.                                                                                      
                                                                                                    
The Speaker referred the following to the Health, Education & Social                                
Services Committee:                                                                                 
                                                                                                    
Professional Teaching Practices Commission                                                        
 Cynthia Curran - Juneau                                                                            
  Appointed: 03/27/2001 Reappointed: 04/29/2003                                                     
  Term Expires: 03/01/2006                                                                          
                                                                                                    
University of Alaska Board of Regents                                                             
 David J. Parks - Anchorage                                                                         
  Appointed: 06/01/2003 Term Expires: 06/01/2005                                                    
                                                                                                    
The Speaker referred the following to the Judiciary Committee:                                      
                                                                                                    
Board of Governors of the Alaska Bar                                                              
 William Granger - Anchorage                                                                        
  Appointed: 06/29/2001 Reappointed: 04/25/2003                                                     
  Term Expires: 03/01/2006                                                                          
                                                                                                    
The Speaker referred the following to the Labor & Commerce                                          
Committee:                                                                                          
                                                                                                    
Alaska Labor Relations Agency                                                                     
 Colleen Scanlon - Ketchikan                                                                        
  Appointed: 04/28/2003 Term Expires: 03/01/2005                                                    
                                                                                                    

2003-05-01                     House Journal                      Page 1225
Board of Barbers and Hairdressers                                                                 
 Charlette Lushin - Fairbanks                                                                       
  Appointed: 04/25/2003 Term Expires: 03/01/2006                                                    
                                                                                                    
 Joylene A. Marrs - Anchorage                                                                       
  Appointed: 04/25/2003 Term Expires: 03/01/2004                                                    
                                                                                                    
Board of Chiropractic Examiners                                                                   
 Dr. David Mulholland - Anchorage                                                                   
  Appointed: 04/25/2003 Term Expires: 03/01/2006                                                    
                                                                                                    
State Medical Board                                                                               
 Dr. Rob Breffeilh - Juneau                                                                         
  Appointed: 04/25/2003 Term Expires: 03/01/2004                                                    
                                                                                                    
Board of Nursing                                                                                  
 Mary Weymiller - Fairbanks                                                                         
  Appointed: 08/23/1999 Reappointed: 04/25/2003                                                     
  Term Expires: 03/01/2007                                                                          
                                                                                                    
Board of Pharmacy                                                                                 
 William Altland - Craig                                                                            
  Appointed: 04/25/2003 Term Expires: 03/01/2007                                                    
                                                                                                    
Board of Psychologist and Psychological Associate Examiners                                       
 Dr. Lorin Bradbury - Bethel                                                                        
  Appointed: 04/25/2003 Term Expires: 03/01/2005                                                    
                                                                                                    
 Dr. John Miller - Chugiak                                                                          
  Appointed: 04/25/2003 Term Expires: 03/01/2005                                                    
                                                                                                    
Real Estate Commission                                                                            
 Brad J. Fluetsch - Juneau                                                                          
  Appointed: 04/25/2003  Term Expires: 03/01/2007                                                   
                                                                                                    
 Barbara Parker-Ramsey - Anchorage                                                                  
  Appointed: 04/25/2003  Term Expires: 03/01/2007                                                   
                                                                                                    
 David B. Somers - Fairbanks                                                                        
  Appointed: 04/25/2003 Term Expires: 03/01/2007                                                    

2003-05-01                     House Journal                      Page 1226
 Z. Kent Sullivan, Esq. - Juneau                                                                    
  Appointed: 04/25/2003 Term Expires: 03/01/2004                                                    
                                                                                                    
Board of Veterinary Examiners                                                                     
 Steven Torrence - Fairbanks                                                                        
  Appointed: 04/25/2003 Term Expires: 03/01/2006                                                    
                                                                                                    
The Speaker referred the following to the Resources Committee:                                      
                                                                                                    
Board of Fisheries                                                                                
 Dr. Floyd F. Bouse - Fairbanks                                                                     
  Appointed: 07/01/2003  Term Expires: 06/30/2006                                                   
                                                                                                    
 Robert (Ed) Dersham - Anchor Point                                                                 
  Appointed: 03/03/1997   Reappointed: 03/20/2000                                                   
  Reappointed: 07/01/2003  Term Expires: 06/30/2006                                                 
                                                                                                    
                                                                                                    
Resumes for the appointments are on file in the Chief Clerk's office.                               
                                                                                                    
**The presence of Representatives Kapsner and Croft was noted.                                      
                                                                                                    
                                                                                                    
                         MESSAGES FROM THE SENATE                                                
                                                                                                    
HB 75                                                                                             
A message dated April 30, 2003, was read stating that the President                                 
has appointed the following members in the event a Conference                                       
Committee is required:                                                                              
                                                                                                    
     Senator Wilken                                                                                 
     Senator Green                                                                                  
     Senator Hoffman                                                                                
                                                                                                    
to meet with a like committee from the House to consider:                                           
                                                                                                    
     CS FOR SS FOR HOUSE BILL NO. 75(FIN) am(brf sup maj fld)                                       
     "An Act making appropriations for the operating and loan                                       
     program expenses of state government, for certain programs, and                                
     to capitalize funds; and providing for an effective date."                                     
                                                                                                    

2003-05-01                     House Journal                      Page 1227
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR SS FOR HOUSE BILL NO.                                                     
     75(FIN)(brf sup maj fld S)                                                                     
     (same title)                                                                                   
                                                                                                    
CSSSHB 75(FIN) am(brf sup maj fld) is under Unfinished Business.                                    
                                                                                                    
HB 76                                                                                             
A message dated April 30, 2003, was read stating that the President                                 
has appointed the following members in the event a Conference                                       
Committee is required:                                                                              
                                                                                                    
     Senator Wilken                                                                                 
     Senator Green                                                                                  
     Senator Hoffman                                                                                
                                                                                                    
to meet with a like committee from the House to consider:                                           
                                                                                                    
     CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                   
     76(FIN)                                                                                        
     "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                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 76(FIN)                                             
     am S                                                                                           
     (same title)                                                                                   
                                                                                                    
CSSSHB 76(FIN) is under Unfinished Business.                                                        
                                                                                                    
HB 140                                                                                            
A message dated April 30, 2003, was read stating the Senate has                                     
passed HB 140(efd fld) with the following amendment and it is                                       
transmitted for consideration:                                                                      
                                                                                                    
     SENATE CS FOR HOUSE BILL NO. 140(STA) am S(efd fld S)                                          
     "An Act relating to benefits for retired teachers or employees who                             
     participated in retirement incentive programs and are subsequently                             
     reemployed as a commissioner."                                                                 

2003-05-01                     House Journal                      Page 1228
HB 140(efd fld) is under Unfinished Business.                                                       
                                                                                                    
                                                                                                    
A message dated April 30, 2003, was read stating the Senate has                                     
passed the following and they are transmitted for consideration:                                    
                                                                                                    
                       FIRST READING AND REFERENCE                                               
                             OF SENATE BILLS                                                     
                                                                                                    
SB 53                                                                                             
SENATE BILL NO. 53 by Senators Ogan and Dyson, entitled:                                            
                                                                                                    
     "An Act relating to disposition of a traffic offense involving the                             
     death of a person; providing for the revocation of driving                                     
     privileges by a court for a driver convicted of a violation of traffic                         
     laws in connection with a fatal motor vehicle or commercial motor                              
     vehicle accident; amending Rules 43 and 43.1, Alaska Rules of                                  
     Administration; and providing for an effective date."                                          
                                                                                                    
was read the first time and referred to the Transportation and Judiciary                            
Committees.                                                                                         
                                                                                                    
SB 157                                                                                            
CS FOR SENATE BILL NO. 157(HES) by the Senate Health,                                               
Education & Social Services Committee, entitled:                                                    
                                                                                                    
     "An Act relating to inpatient psychiatric services for persons who                             
     are under 21 years of age and are either eligible for medical                                  
     assistance or are in the custody of the Department of Health and                               
     Social Services."                                                                              
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Finance Committees.                                                                    
                                                                                                    
                                                                                                    
                      REPORTS OF STANDING COMMITTEES                                             
                                                                                                    
HJR 5                                                                                             
The Finance Committee has considered:                                                               
                                                                                                    

2003-05-01                     House Journal                      Page 1229
     HOUSE JOINT RESOLUTION NO. 5                                                                   
     Proposing an amendment to the Constitution of the State of                                     
     Alaska relating to initiative and referendum petitions.                                        
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (4):  Meyer, Foster, Harris, Williams                                                       
                                                                                                    
Do not pass (2):  Stoltze, Croft                                                                    
                                                                                                    
No recommendation (1):  Hawker                                                                      
                                                                                                    
Amend (1):  Chenault                                                                                
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Office of the Governor                                                                  
                                                                                                    
HJR 5 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
HB 10                                                                                             
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
     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."                                                              
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 10(HES)                                                                  
     "An Act relating to pooling by employers and self-employed                                     
     individuals for purposes of group health insurance; and providing                              
     for an effective date."                                                                        
                                                                                                    

2003-05-01                     House Journal                      Page 1230
The report was signed by Representative Gatto, Vice Chair, with the                                 
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Cissna, Seaton, Wolf                                                                  
                                                                                                    
No recommendation (2):  Coghill, Gatto                                                              
                                                                                                    
The following fiscal note(s) apply to CSHB 10(HES):                                                 
                                                                                                    
1.  Zero, House Labor & Commerce Committee/Dept. of                                                 
Administration                                                                                      
                                                                                                    
HB 10 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
HB 24                                                                                             
The Judiciary Committee has considered:                                                             
                                                                                                    
     HOUSE BILL NO. 24                                                                              
     "An Act relating to intergovernmental agreements regarding                                     
     management of fish or game."                                                                   
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 24(JUD)                                                                  
     "An Act relating to intergovernmental agreements with the federal                              
      government regarding management of fish or game in the state."                               
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Holm, Samuels, Ogg, Gruenberg, McGuire                                                
                                                                                                    
The following fiscal note(s) apply to CSHB 24(JUD):                                                 
                                                                                                    
1.  Zero, House Resources Committee                                                                 
                                                                                                    
HB 24 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    

2003-05-01                     House Journal                      Page 1231
HB 36                                                                                             
The Judiciary Committee has considered:                                                             
                                                                                                    
     HOUSE BILL NO. 36                                                                              
     "An Act relating to electronic mail activities and making certain                              
     electronic mail activities unfair methods of competition or unfair                             
     or deceptive acts or practices under the Act enumerating unfair                                
     trade practices and consumer protections."                                                     
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 36(L&C)                                                                  
     "An Act relating to unlawful electronic mail activities and making                             
     certain electronic mail activities unfair methods of competition or                            
     unfair or deceptive acts or practices under the state's unfair trade                           
     practices and consumer protection laws; and providing for an                                   
     effective date."                                                                               
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Ogg, Gruenberg, Gara, McGuire                                                         
                                                                                                    
No recommendation (2):  Samuels, Holm                                                               
                                                                                                    
The following fiscal note(s) apply to CSHB 36(L&C):                                                 
                                                                                                    
1.  Zero, Dept. of Law                                                                              
                                                                                                    
HB 36 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
HB 154                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     HOUSE BILL NO. 154                                                                             
     "An Act relating to admission to and advancement in public                                     
     schools of children under school age; and providing for an                                     
     effective date."                                                                               
                                                                                                    

2003-05-01                     House Journal                      Page 1232
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 154(FIN)                                                                 
     "An Act relating to advancement in public schools of children                                  
     under school age; and providing for an effective date for the Act                              
     of July 1, 2004."                                                                              
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (3):  Foster, Whitaker, Meyer                                                               
                                                                                                    
No recommendation (7):  Chenault, Croft, Joule, Stoltze, Hawker,                                    
Harris, Williams                                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 154(FIN):                                                
                                                                                                    
2.  Fiscal, Dept. of Education & Early Development                                                  
                                                                                                    
HB 154 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 225                                                                                            
The Judiciary Committee 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 McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Samuels, Ogg, Holm, Gara, McGuire                                                     
                                                                                                    
Amend (1):  Gruenberg                                                                               
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    

2003-05-01                     House Journal                      Page 1233
1.  Indeterminate, Dept. of Law                                                                     
                                                                                                    
HB 225 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 233                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
     HOUSE BILL NO. 233                                                                             
     "An Act relating to the base student allocation used in the formula                            
     for state funding of public education; and providing for an                                    
     effective date."                                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 233(EDU)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative Gatto, Vice Chair, with the                                 
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Seaton, Wolf, Gatto                                                                   
                                                                                                    
No recommendation (1):  Coghill                                                                     
                                                                                                    
Amend (1):  Cissna                                                                                  
                                                                                                    
The following fiscal note(s) apply to CSHB 233(EDU):                                                
                                                                                                    
1.  Fiscal, Dept. of Education & Early Development                                                  
                                                                                                    
HB 233 was referred to the Finance Committee.                                                       
                                                                                                    
HB 259                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     HOUSE BILL NO. 259                                                                             
     "An Act relating to public school transportation, and to the                                   
     minimum wages for school bus drivers; and providing for an                                     
     effective date."                                                                               
                                                                                                    

2003-05-01                     House Journal                      Page 1234
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 259(L&C)                                                                 
     "An Act relating to school transportation; and providing for an                                
     effective date."                                                                               
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Gatto, Dahlstrom                                                                      
                                                                                                    
Do not pass (2):  Crawford, Guttenberg                                                              
                                                                                                    
No recommendation (2):  Rokeberg, Anderson                                                          
                                                                                                    
The following fiscal note(s) apply to CSHB 259(L&C):                                                
                                                                                                    
1.  Fiscal, Dept. of Education & Early Development                                                  
                                                                                                    
HB 259 was referred to the Finance Committee.                                                       
                                                                                                    
SB 105                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     CS FOR SENATE BILL NO. 105(HES) am(efd fld)                                                    
     "An Act relating to eligibility requirements for medical assistance                            
     for certain children, pregnant women, and persons in a medical or                              
     intermediate care facility."                                                                   
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 105(HES)                                                   
     "An Act relating to eligibility requirements for medical assistance                            
     for certain children, pregnant women, and persons in a medical or                              
    intermediate care facility; and providing for an effective date."                              
                                                                                                    
     (technical title change)                                                                       
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    

2003-05-01                     House Journal                      Page 1235
Do pass (5):  Hawker, Whitaker, Foster, Harris, Williams                                            
                                                                                                    
Do not pass (2):  Joule, Croft                                                                      
                                                                                                    
No recommendation (1):  Moses                                                                       
                                                                                                    
Amend (2):  Stoltze, Chenault                                                                       
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 105(HES):                                            
                                                                                                    
1.  Fiscal, Dept. of Health & Social Services                                                       
                                                                                                    
CSSB 105(HES) am(efd fld) was referred to the Rules Committee for                                   
placement on the calendar.                                                                          
                                                                                                    
                                                                                                    
                        INTRODUCTION OF CITATIONS                                                
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - John W. Katz                                                                             
By Representative Gruenberg                                                                         
                                                                                                    
Honoring - Cleo Bishop, Jr.                                                                         
By Representative Gruenberg                                                                         
                                                                                                    
Honoring - Susan Okeson                                                                             
By Senators Guess, Green                                                                            
                                                                                                    
The following citation was introduced and taken up later as a Special                               
Order of Business:                                                                                  
                                                                                                    
Honoring - Julia Walker                                                                             
By Representatives Masek, Morgan                                                                    
                                                                                                    

2003-05-01                     House Journal                      Page 1236
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                              OF HOUSE BILLS                                                     
                                                                                                    
HB 294                                                                                            
HOUSE BILL NO. 294 by Representatives Lynn, Heinze, and                                             
Dahlstrom, entitled:                                                                                
                                                                                                    
     "An Act relating to murder and assault of unborn children."                                    
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Judiciary Committees.                                                                  
                                                                                                    
HB 295                                                                                            
HOUSE BILL NO. 295 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to the publishing and furnishing of certain public                            
     notices regarding regulations or rules of certain state agencies;                              
     relating to distribution of the Alaska Administrative Code, Alaska                             
     Administrative Register, and supplements to the code or register;                              
     and providing for an effective date."                                                          
                                                                                                    
was read the first time and referred to the Transportation and Finance                              
Committees.                                                                                         
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Indeterminate, Office of the Governor/All Depts.                                                
                                                                                                    
The Governor's transmittal letter dated April 30, 2003, follows:                                    
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill to change the Alaska Administrative Procedure Act                               
and make other statutory improvements to provide for better and more                                
cost-effective notice of regulatory changes.                                                        
                                                                                                    
First, the bill would allow certain state agencies to publish, in a                                 
newspaper or other publication, an abbreviated notice of proposed                                   

2003-05-01                     House Journal                      Page 1237
regulatory changes that clearly describes the changes and how an                                    
interested person may obtain more detailed information through the                                  
Internet or in written form.  Second, the bill also would amend a                                   
variety of state statutes to allow agencies the flexibility of sending out                          
individual notices by means other than regular mail.  This change                                   
would make these newspaper publication requirements consistent with                                 
the provision in the Administrative Procedure Act, that notice need be                              
published in only one newspaper of general circulation in the state.                                
                                                                                                    
Under the Administrative Procedure Act, public notice of changes to                                 
regulations must be published in a newspaper of general circulation or                              
other specified type of publication.  This notice is to include an                                  
informative summary of the changes, which has been interpreted to                                   
require a comprehensive description.  In practice this results in lengthy                           
notices, usually in the classified advertisement section of the                                     
newspapers, that are expensive and often difficult to understand.                                   
                                                                                                    
This bill would change this practice to allow for a more abbreviated                                
notice in newspapers or other publications, clearly describing the                                  
subject matter of the changes and directing interested persons to more                              
detailed information sources.  Recognizing the utility and efficiency of                            
the Internet, the bill requires detailed information on the changes to be                           
available on the Alaska Online Public Notice System.  Also,                                         
recognizing that the Internet is not available to all citizens, the bill                            
would provide that detailed information be made available to                                        
interested persons by other means, if requested.  Thus, the bill would                              
allow state agencies to use the Internet to improve communications                                  
regarding regulatory changes, while still providing notice for those                                
who do not yet have the access or ability to use the Internet.                                      
                                                                                                    
The bill also would change statutory notice provisions for specific                                 
government entities to allow for the flexibility to use methods of                                  
communication other than regular mail in providing public notice of                                 
regulation or rule changes.  There is a provision that notices shall be                             
delivered by mail, upon request.  This flexible approach was put into                               
place in 2000 for regulations under the Administrative Procedure Act,                               
and has proven effective.  The changes in this bill would simply                                    
extend that flexibility to certain named state agencies.  In addition, the                          
bill would amend the statutes relating to publication of newspaper                                  
notices to make it consistent with the requirement in the                                           

2003-05-01                     House Journal                      Page 1238
Administrative Procedure Act that notice be published in a single                                   
newspaper of general circulation.  The governmental entities affected                               
by these changes include the Alaska Teachers' Retirement Board,                                     
Alaska Aerospace Development Corporation, Alaska Railroad                                           
Corporation, Alaska Housing Finance Corporation, Department of                                      
Administration, Public Employees' Retirement Board, and the Alaska                                  
Industrial Development and Export Authority.                                                        
                                                                                                    
This bill also excludes specific government entities from having to                                 
publish an abbreviated notice in a newspaper or other publication                                   
relating to topics of concern to larger institutions and groups that have                           
the ability to or already regularly communicate with the state through                              
electronic means.  These statutes include such areas as the Alaska                                  
Securities Act, the Alaska Trust Company Act, oil and gas leasing,                                  
state personnel rules, certifying authority for an electronic signature,                            
Medicaid rate setting for facilities, and the Pipeline Act.  When                                   
adopting regulations or rules under these specific statutes, the                                    
government agencies would continue to post the notice on the Alaska                                 
Online Public Notice System and furnish the notice to interested                                    
parties and other government entities, but would not be required to                                 
publish the abbreviated notice.  The government entities affected by                                
these changes include the lieutenant governor, Department of                                        
Administration, Department of Revenue, Department of Health and                                     
Social Services, State Assessment Review Board, Alaska Oil and Gas                                  
Conservation Commission, Department of Natural Resources,                                           
Department of Community and Economic Development, and the                                           
Regulatory Commission of Alaska.                                                                    
                                                                                                    
The changes to public notice procedures made by the bill would be                                   
applicable to public notices issued on or after the effective date of the                           
Act.                                                                                                
                                                                                                    
Lastly, this bill would amend the requirement for the lieutenant                                    
governor, at state expense, to supply a complete set of the Alaska                                  
Administrative Code, the Alaska Administrative Register, and each                                   
supplement to the code or register to the clerk of each local                                       
government unit.  This bill allows local government units' clerks to                                
request a paper or electronic copy of the publications, and would                                   
require payment for the requested copy.  Because electronic access to                               
the Alaska Administrative Code is currently available through the                                   

2003-05-01                     House Journal                      Page 1239
legislature's website, and through links to that website found on                                   
various state agency websites, local governments still would have a                                 
"no-cost" option for access to the information.                                                     
                                                                                                    
I urge your prompt consideration and passage of this bill.                                          
                                                                                                    
                                                                                                    
                                Sincerely,                                                         
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                Governor"                                                          
                                                                                                    
                   CONSIDERATION OF THE DAILY CALENDAR                                           
                                                                                                    
                      SECOND READING OF HOUSE BILLS                                              
                                                                                                    
HB 86                                                                                             
The following was read the second time:                                                             
                                                                                                    
     SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 86                                                       
     "An Act relating to permits issued by the state; and amending                                  
     Rules 65, 79, and 82, Alaska Rules of Civil Procedure."                                        
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 RES RPT 6DP 1DNP                                                      837                          
 FN1: ZERO(LAW)                                                        837                          
 JUD RPT CS(JUD) NT 2DP 4NR                                          1196                           
 FN1: ZERO(LAW)                                                      1196                           
                                                                                                    
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.                                                   
     86(JUD)                                                                                        
     "An Act relating to civil liability for malicious claims against state                         
     permitted projects; and providing for an effective date."                                      
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    

2003-05-01                     House Journal                      Page 1240
Amendment No. 1 was offered by Representatives Fate and Kerttula:                                   
                                                                                                    
Page 1, line 1, following "claims" (title amendment):                                             
 Insert "for injunctive relief"                                                                   
                                                                                                    
Page 1, line 5, following "claim":                                                                
 Insert "for injunctive relief"                                                                   
                                                                                                    
Page 1, line 6, following "claim":                                                                  
 Insert "for injunctive relief"                                                                     
                                                                                                    
Page 2, line 8, following "claim":                                                                  
 Insert "for injunctive relief"                                                                     
                                                                                                    
Representative Fate moved and asked unanimous consent that                                          
Amendment No. 1 be adopted.  There being no objection, it was so                                    
ordered and the new title follows:                                                                  
                                                                                                    
     CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                   
     86(JUD) am                                                                                     
     "An Act relating to civil liability for malicious claims for                                   
     injunctive relief against state permitted projects; and providing for                          
     an effective date."                                                                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSSSHB 86(JUD) am be considered engrossed, advanced to third                                        
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
CSSSHB 86(JUD) am was read the third time.                                                          
                                                                                                    
                                                                                                    
The question being:  "Shall CSSSHB 86(JUD) am pass the House?"                                      
The roll was taken with the following result:                                                       
                                                                                                    
CSSSHB 86(JUD) am                                                                                   
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  2   ABSENT:  2                                                   
                                                                                                    

2003-05-01                     House Journal                      Page 1241
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                   
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                           
Samuels, Stoltze, Weyhrauch, Whitaker, Williams, Wolf                                               
                                                                                                    
Excused:  Gatto, Wilson                                                                             
                                                                                                    
Absent:  Moses, Seaton                                                                              
                                                                                                    
And so, CSSSHB 86(JUD) am 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 McGuire gave notice of reconsideration of the vote on                                
CSSSHB 86(JUD) am.                                                                                  
                                                                                                    
                                                                                                    
HB 105                                                                                            
The following was read the second time:                                                             
                                                                                                    
     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."                                                                                      
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 FSH RPT 3DP 3NR                                                       509                          
 FN1: (CED)                                                            510                          
 RES RPT 5DP 1DNP 2NR                                                1089                           
 FN1: (CED)                                                          1089                           
 FIN RPT CS(FIN) 5DP 3NR                                             1178                           
 FN1: (CED)                                                          1178                           
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    

2003-05-01                     House Journal                      Page 1242
     CS FOR HOUSE BILL NO. 105(FIN)                                                                 
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 105(FIN) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 105(FIN) was read the third time.                                                              
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 105(FIN) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 105(FIN)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                   
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Samuels,                                     
Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wolf                                                
                                                                                                    
                                                                                                    
Excused:  Gatto, Wilson                                                                             
                                                                                                    
Absent:  Rokeberg                                                                                   
                                                                                                    
And so, CSHB 105(FIN) passed the House and was referred to the                                      
Chief Clerk for engrossment.                                                                        
                                                                                                    
                                                                                                    
HB 266                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 266                                                                             
     "An Act relating to elections, questioned ballots and questioned                               
     voters, voter registration, training of election officials, preparation                        

2003-05-01                     House Journal                      Page 1243
     of election materials, voter identification, absentee voting,                                  
     counting ballots, and the primary election; and providing for an                               
     effective date."                                                                               
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 STA RPT CS(STA) 2DP 1NR 1AM                                         1123                           
 FN1: ZERO(GOV)                                                      1124                           
 FN2: ZERO(ADM)                                                      1124                           
 FIN RPT CS(FIN) NT 7DP 4NR                                          1198                           
 FN1: ZERO(GOV)                                                      1199                           
 FN2: ZERO(ADM)                                                      1199                           
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     CS FOR HOUSE BILL NO. 266(FIN)                                                                 
     "An Act relating to questioned ballots and questioned voters, voter                            
     registration, training of election officials, preparation of election                          
     materials, provision of election materials, forms, and supplies for                            
     polling places, voter identification, absentee voting, and counting                            
     ballots; and providing for an effective date."                                                 
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 266(FIN) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 266(FIN) was read the third time.                                                              
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 266(FIN) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 266(FIN)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  38   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                   

2003-05-01                     House Journal                      Page 1244
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, 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, Williams, Wolf                                       
                                                                                                    
Excused:  Gatto, Wilson                                                                             
                                                                                                    
And so, CSHB 266(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 266(FIN) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    
                                                                                                    
                       THIRD READING OF HOUSE BILLS                                              
                                                                                                    
HB 61                                                                                             
The following, which was advanced to third reading from the                                         
April 30, 2003, calendar (page 1204), was read the third time:                                      
                                                                                                    
     CS FOR HOUSE BILL NO. 61(FIN)                                                                  
     "An Act establishing an exploration and development incentive                                  
     tax credit for operators and working interest owners directly                                  
     engaged in the exploration for and development of gas for sale and                             
     delivery without reference to volume from a lease or property in                               
     the state; and providing for an effective date."                                               
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 61(FIN) pass the House?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CSHB 61(FIN)                                                                                        
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  33   NAYS:  4   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    

2003-05-01                     House Journal                      Page 1245
Yeas:  Anderson, Chenault, Cissna, Coghill, Crawford, Croft,                                        
Dahlstrom, Fate, Foster, Gruenberg, Guttenberg, Harris, Hawker,                                     
Heinze, Holm, Joule, Kapsner, Kohring, Kookesh, Kott, Lynn,                                         
McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze,                                    
Weyhrauch, Whitaker, Williams, Wolf                                                                 
                                                                                                    
                                                                                                    
Nays:  Berkowitz, Gara, Kerttula, Masek                                                             
                                                                                                    
                                                                                                    
                                                                                                    
Excused:  Gatto, Wilson                                                                             
                                                                                                    
                                                                                                    
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
                                                                                                    
Dahlstrom changed from "Nay" to "Yea".                                                              
                                                                                                    
And so, CSHB 61(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 61(FIN) 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:                             
                                                                                                    
                                                                                                    
Honoring - Senator Alan Austerman                                                                   
By Representatives Ogg, Kott, Anderson, Berkowitz, Chenault,                                        
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara,                                    
Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                  
Kapsner, Kerttula, Kohring, Kookesh, Masek, McGuire, Meyer,                                         
Morgan, Moses, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch,                                       
Whitaker, Williams, Wolf; Senator Gary Stevens                                                      
                                                                                                    

2003-05-01                     House Journal                      Page 1246
Honoring - Mark Sledge, 2003 National Military Fish and Wildlife                                    
Association Special Achievement Award                                                               
By Representatives Dahlstrom, Kott, Anderson, Berkowitz, Chenault,                                  
Cissna, Coghill, Crawford, Croft, Gara, Gatto, Gruenberg, Guttenberg,                               
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring,                                    
Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                        
Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wolf                                                 
                                                                                                    
                           UNFINISHED BUSINESS                                                   
                                                                                                    
HB 295                                                                                            
The Speaker removed the Transportation Committee referral and                                       
added a State Affairs Committee referral to precede the Finance                                     
Committee referral for the following:                                                               
                                                                                                    
     HOUSE BILL NO. 295                                                                             
     "An Act relating to the publishing and furnishing of certain public                            
     notices regarding regulations or rules of certain state agencies;                              
     relating to distribution of the Alaska Administrative Code, Alaska                             
     Administrative Register, and supplements to the code or register;                              
     and providing for an effective date."                                                          
                                                                                                    
HB 295 was referred to the State Affairs Committee.                                                 
                                                                                                    
HCR 6                                                                                             
Pursuant to:                                                                                        
                                                                                                    
              CS FOR HOUSE CONCURRENT RESOLUTION NO. 6(FSH)                                        
     Relating to the continuation of the Joint Legislative Salmon                                   
     Industry Task Force until 2004.                                                                
                                                                                                    
     Legislative Resolve No. 3                                                                      
                                                                                                    
The Speaker appointed the following members to the joint task force:                                
                                                                                                    
Representative Williams                                                                             
Representative Morgan                                                                               
Representative Ogg, Alternate                                                                       
Representative Seaton, Alternate                                                                    
                                                                                                    

2003-05-01                     House Journal                      Page 1247
                       CONCUR IN SENATE AMENDMENTS                                               
                                                                                                    
HB 75                                                                                             
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 1194) received at 8:09 a.m.,                                
April 30, 2003, on the following at this time:                                                      
                                                                                                    
     CS FOR SS FOR HOUSE BILL NO. 75(FIN) am(brf sup maj fld)                                       
     "An Act making appropriations for the operating and loan                                       
     program expenses of state government, for certain programs, and                                
     to capitalize funds; and providing for an effective date."                                     
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR SS FOR HOUSE BILL NO.                                                     
     75(FIN)(brf sup maj fld S)                                                                     
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSSSHB 75(FIN) am(brf sup maj fld), thus adopting                                      
SCS CSSSHB 75(FIN)(brf sup maj fld S), and recommended that the                                     
members vote no.                                                                                    
                                                                                                    
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to CSSSHB 75(FIN) am(brf sup maj fld)?"  The roll was                                     
taken with the following result:                                                                    
                                                                                                    
SCS CSSSHB 75(FIN)(brf sup maj fld S)                                                               
Concur                                                                                              
                                                                                                    
YEAS:  0   NAYS:  36   EXCUSED:  2   ABSENT:  2                                                   
                                                                                                    
Nays:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Gara, Gruenberg, Guttenberg, Harris, Hawker,                                
Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                     
Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels,                                        
Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wolf                                                
                                                                                                    

2003-05-01                     House Journal                      Page 1248
Excused:  Gatto, Wilson                                                                             
                                                                                                    
Absent:  Foster, Moses                                                                              
                                                                                                    
And so, the House failed to concur in the Senate amendment, thus                                    
failing to adopt SCS CSSSHB 75(FIN)(brf sup maj fld S).                                             
                                                                                                    
The Chief Clerk notified the Senate and respectfully requested it to                                
recede.                                                                                             
                                                                                                    
In the event the Senate fails to recede from its amendment, the                                     
Speaker appointed the following members to a Conference Committee                                   
to meet with a like committee from the Senate (page 1226) to consider                               
the above bills:                                                                                    
                                                                                                    
 Representative Harris, Chair                                                                       
 Representative Williams                                                                            
 Representative Croft                                                                               
                                                                                                    
HB 76                                                                                             
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 1194) received at 8:09 a.m.,                                
April 30, 2003, on the following at this time:                                                      
                                                                                                    
     CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                   
     76(FIN)                                                                                        
     "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                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 76(FIN)                                             
     am S                                                                                           
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSSSHB 76(FIN), thus adopting SCS CSSSHB                                               
76(FIN) am S, and recommended that the members vote no.                                             

2003-05-01                     House Journal                      Page 1249
The question being:  "Shall the House concur in the Senate                                          
amendment to CSSSHB 76(FIN)?"  The roll was taken with the                                          
following result:                                                                                   
                                                                                                    
SCS CSSSHB 76(FIN) am S                                                                             
Concur                                                                                              
                                                                                                    
YEAS:  0   NAYS:  37   EXCUSED:  2   ABSENT:  1                                                   
                                                                                                    
Nays:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                   
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                           
Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wolf                                       
                                                                                                    
Excused:  Gatto, Wilson                                                                             
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, the House failed to concur in the Senate amendment, thus                                    
failing to adopt SCS CSSSHB 76(FIN) am S.                                                           
                                                                                                    
The Chief Clerk notified the Senate and respectfully requested it to                                
recede.                                                                                             
                                                                                                    
In the event the Senate fails to recede from its amendment, the                                     
Speaker appointed the following members to a Conference Committee                                   
to meet with a like committee from the Senate (page 1127) to consider                               
the above bills:                                                                                    
                                                                                                    
 Representative Harris, Chair                                                                       
 Representative Williams                                                                            
 Representative Croft                                                                               
                                                                                                    
HB 124                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 1195) on the following at                                   
this time:                                                                                          
                                                                                                    
     HOUSE BILL NO. 124                                                                             
     "An Act relating to commercial motor vehicle drivers and their                                 
     employers and to railroad-highway grade crossings; and providing                               
     for an effective date."                                                                        

2003-05-01                     House Journal                      Page 1250
and                                                                                                 
                                                                                                    
     SENATE CS FOR HOUSE BILL NO. 124(TRA)                                                          
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to HB 124, thus adopting SCS HB 124(TRA).                                                 
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to HB 124?"  The roll was taken with the following result:                                
                                                                                                    
SCS HB 124(TRA)                                                                                     
Concur                                                                                              
                                                                                                    
YEAS:  1   NAYS:  35   EXCUSED:  2   ABSENT:  2                                                   
                                                                                                    
Yeas:  Stoltze                                                                                      
                                                                                                    
Nays:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                    
Lynn, Masek, McGuire, Morgan, Moses, Ogg, Rokeberg, Samuels,                                        
Seaton, Weyhrauch, Whitaker, Williams, Wolf                                                         
                                                                                                    
Excused:  Gatto, Wilson                                                                             
                                                                                                    
Absent:  Joule, Meyer                                                                               
                                                                                                    
And so, the House failed to concur in the Senate amendment, thus                                    
failing to adopt SCS HB 124(TRA).                                                                   
                                                                                                    
                                                                                                    
The Chief Clerk notified the Senate and respectfully requested it to                                
recede.                                                                                             
                                                                                                    
                                                                                                    
In the event the Senate fails to recede from its amendment, the                                     
Speaker appointed the following members to a Conference Committee                                   
to meet with a like committee from the Senate to consider the above                                 
bills:                                                                                              
                                                                                                    

2003-05-01                     House Journal                      Page 1251
 Representative Holm, Chair                                                                         
 Representative McGuire                                                                             
 Representative Gruenberg                                                                           
                                                                                                    
HB 140                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 1227) on the following at                                   
this time:                                                                                          
                                                                                                    
     HOUSE BILL NO. 140(efd fld)                                                                    
     "An Act relating to benefits for retired teachers or employees who                             
     participated in retirement incentive programs and are subsequently                             
     reemployed as a commissioner."                                                                 
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR HOUSE BILL NO. 140(STA) am S(efd fld S)                                          
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to HB 140(efd fld), thus adopting SCS HB 140(STA) am                                      
S(efd fld S) and recommended that the members vote yes.                                             
                                                                                                    
Representative Coghill moved and asked unanimous consent to                                         
withdraw the motion to concur in the Senate amendment to                                            
HB 140(efd fld).  There being no objection, it was so ordered.                                      
                                                                                                    
Representative Coghill moved and asked unanimous consent to                                         
withdraw the motion to consider the Senate message on                                               
HB 140(efd fld).  There being no objection, it was so ordered.                                      
                                                                                                    
HB 140(efd fld) is under Unfinished Business.                                                       
                                                                                                    
HB 69                                                                                             
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 1176) on the following at                                   
this time:                                                                                          
                                                                                                    

2003-05-01                     House Journal                      Page 1252
     HOUSE BILL NO. 69                                                                              
     "An Act relating to regulation of shallow natural gas leasing and                              
     closely related energy projects; and providing for an effective                                
     date."                                                                                         
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR HOUSE BILL NO. 69(RES)                                                           
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
The Speaker stated that, without objection, the House would recess;                                 
and so, the House recessed at 1:14 p.m.                                                             
                                                                                                    
                               AFTER RECESS                                                      
                                                                                                    
The Speaker called the House back to order at 1:53 p.m.                                             
                                                                                                    
                                                                                                    
                       CONCUR IN SENATE AMENDMENTS                                               
                               (Continued)                                                         
                                                                                                    
HB 69                                                                                             
The following were before the House:                                                                
                                                                                                    
     HOUSE BILL NO. 69                                                                              
     "An Act relating to regulation of shallow natural gas leasing and                              
     closely related energy projects; and providing for an effective                                
     date."                                                                                         
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR HOUSE BILL NO. 69(RES)                                                           
     (same title)                                                                                   
                                                                                                    
Representative Harris rose to a point of order regarding reference to a                             
vote in the other body.                                                                             
                                                                                                    

2003-05-01                     House Journal                      Page 1253
The Speaker ruled that the point was well taken.                                                    
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to HB 69, thus adopting SCS HB 69(RES).                                                   
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to HB 69?"  The roll was taken with the following result:                                 
                                                                                                    
SCS HB 69(RES)                                                                                      
Concur                                                                                              
                                                                                                    
YEAS:  18   NAYS:  19   EXCUSED:  2   ABSENT:  1                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Harris,                                
Holm, Kohring, Kott, Lynn, McGuire, Meyer, Morgan, Rokeberg,                                        
Samuels, Stoltze, Whitaker                                                                          
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Hawker, Heinze, Joule, Kapsner, Kerttula, Kookesh,                                      
Masek, Moses, Ogg, Seaton, Weyhrauch, Wolf                                                          
                                                                                                    
Excused:  Gatto, Wilson                                                                             
                                                                                                    
Absent:  Williams                                                                                   
                                                                                                    
And so, the House failed to concur in the Senate amendment, thus                                    
failing to adopt SCS HB 69(RES).                                                                    
                                                                                                    
The Chief Clerk notified the Senate and respectfully requested it to                                
recede.                                                                                             
                                                                                                    
                           UNFINISHED BUSINESS                                                   
                                                                                                    
**Representative Coghill moved and asked unanimous consent that                                     
Representative Gruenberg be excused from a call of the House from                                   
2:30 p.m. to 3:30 p.m., today.  There being no objection, it was so                                 
ordered.                                                                                            
                                                                                                    
                             RECONSIDERATION                                                     
                                                                                                    
HB 102                                                                                            
Representative Masek brought up reconsideration of the vote on                                      
CSHB 102(STA) (page 1208).                                                                          

2003-05-01                     House Journal                      Page 1254
The following was again before the House in third reading:                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 102(STA)                                                                 
     "An Act relating to concealed deadly weapons."                                                 
                                                                                                    
                                                                                                    
Representative Cissna moved and asked unanimous consent that                                        
CSHB 102(STA) be returned to second reading for the specific                                        
purpose of considering Amendment No. 1.  There being no objection,                                  
it was so ordered.                                                                                  
                                                                                                    
Amendment No. 1 was offered by Representative Cissna:                                               
                                                                                                    
Page 2, line 3, following "residence"                                                           
 Insert ";                                                                                      
                  (C)  that is concealed on the person, and, if the                             
         deadly weapon is a handgun, the person has not                                         
         completed, at some time preceding the possession, a                                    
         handgun course that meets the requirements of                                          
         AS 18.65.715 if a course meeting those requirements was                                
         offered within 50 miles of the person's residence when the                             
         person reached 21 years of age or at a time thereafter and                             
         at some time preceding the possession"                                                 
                                                                                                    
Representative Cissna moved and asked unanimous consent that                                        
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Croft objected.                                                                      
                                                                                                    
                                                                                                    
Amendment to Amendment No. 1 was offered by Representative                                          
Cissna:                                                                                             
                                                                                                    
Following "thereafter":                                                                             
 Delete "and"                                                                                       
                                                                                                    
Representative Cissna moved and asked unanimous consent that                                        
Amendment to Amendment No. 1 be adopted.  There being no                                            
objection, it was so ordered.                                                                       
                                                                                                    

2003-05-01                     House Journal                      Page 1255
The question being:  "Shall Amendment No. 1 as amended be                                           
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
CSHB 102(STA)--RECONSIDERATION                                                                      
Second Reading                                                                                      
Amendment No. 1 as amended                                                                          
                                                                                                    
YEAS:  5   NAYS:  33   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Cissna, Gara, Kerttula, Moses                                                     
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Crawford, Croft, Dahlstrom,                                     
Fate, Foster, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm,                                  
Joule, Kapsner, Kohring, Kookesh, Kott, Lynn, Masek, McGuire,                                       
Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze,                                             
Weyhrauch, Whitaker, Williams, Wolf                                                                 
                                                                                                    
Excused:  Gatto, Wilson                                                                             
                                                                                                    
And so, Amendment No. 1 as amended was not adopted.                                                 
                                                                                                    
                                                                                                    
The question to be reconsidered:  "Shall CSHB 102(STA) pass the                                     
House?"  The roll was taken with the following result:                                              
                                                                                                    
CSHB 102(STA)--RECONSIDERATION                                                                      
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  33   NAYS:  5   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Crawford, Croft, Dahlstrom, Fate,                               
Foster, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                 
Kapsner, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer,                                       
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch,                                         
Whitaker, Williams, Wolf                                                                            
                                                                                                    
                                                                                                    
Nays:  Berkowitz, Cissna, Gara, Kerttula, Moses                                                     
                                                                                                    
                                                                                                    
Excused:  Gatto, Wilson                                                                             
                                                                                                    
And so, CSHB 102(STA) passed the House on reconsideration and                                       
was referred to the Chief Clerk for engrossment.                                                    
                                                                                                    

2003-05-01                     House Journal                      Page 1256
                       CONCUR IN SENATE AMENDMENTS                                               
                                                                                                    
HB 140                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 1227) on the following at                                   
this time:                                                                                          
                                                                                                    
     HOUSE BILL NO. 140(efd fld)                                                                    
     "An Act relating to benefits for retired teachers or employees who                             
     participated in retirement incentive programs and are subsequently                             
     reemployed as a commissioner."                                                                 
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR HOUSE BILL NO. 140(STA) am S(efd fld S)                                          
     (same title)                                                                                   
                                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to HB 140(efd fld), thus adopting SCS HB 140(STA) am                                      
S(efd fld S).                                                                                       
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to HB 140(efd fld)?"  The roll was taken with the                                         
following result:                                                                                   
                                                                                                    
SCS HB 140(STA) am S(efd fld S)                                                                     
Concur                                                                                              
                                                                                                    
YEAS:  25   NAYS:  12   EXCUSED:  2   ABSENT:  1                                                  
                                                                                                    
Yeas:  Chenault, Coghill, Dahlstrom, Fate, Foster, Harris, Hawker,                                  
Heinze, Holm, Joule, Kohring, Kookesh, Lynn, McGuire, Meyer,                                        
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch,                                         
Whitaker, Williams, Wolf                                                                            
                                                                                                    
Nays:  Anderson, Berkowitz, Cissna, Crawford, Gara, Gruenberg,                                      
Guttenberg, Kapsner, Kerttula, Kott, Masek, Moses                                                   
                                                                                                    
Excused:  Gatto, Wilson                                                                             

2003-05-01                     House Journal                      Page 1257
                                                                                                    
Absent:  Croft                                                                                      
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS HB 140(STA) am S(efd fld S).                                                                    
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
SCS HB 140(STA) am S(efd fld S) was referred to the Chief Clerk for                                 
enrollment.                                                                                         
                                                                                                    
                           UNFINISHED BUSINESS                                                   
                                                                                                    
HB 242                                                                                            
The Speaker waived the Finance Committee referral for the following                                 
at the request of Representative Williams, Co-chair:                                                
                                                                                                    
     HOUSE BILL NO. 242                                                                             
     "An Act relating to licensing of certified public accountants."                               
                                                                                                    
HB 242 was removed from the Finance Committee and referred to the                                   
Rules Committee for placement on the calendar.                                                      
                                                                                                    
                        SPECIAL ORDER OF BUSINESS                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
notice and publication requirements be waived and the citation,                                     
Honoring - Julia Walker, be taken up as a Special Order of Business at                              
this time.  There being no objection, it was so ordered.                                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citation.  There being no objection, the following                                
citation was approved and sent to enrolling:                                                        
                                                                                                    
Honoring - Julia Walker                                                                             
By Representatives Masek, Morgan, Kott, Anderson, Berkowitz,                                        
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara,                                  
Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula,                                 
Kohring, Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Ogg,                                         
Rokeberg, Seaton, Weyhrauch, Williams, Wolf                                                         
                                                                                                    

2003-05-01                     House Journal                      Page 1258
                           UNFINISHED BUSINESS                                                   
                                                                                                    
HB 10                                                                                             
Representative Cissna added her 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 61                                                                                             
Representatives Crawford and Lynn added their names as cosponsors                                   
to:                                                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 61(FIN)                                                                  
     "An Act establishing an exploration and development incentive                                  
     tax credit for operators and working interest owners directly                                  
     engaged in the exploration for and development of gas for sale and                             
     delivery without reference to volume from a lease or property in                               
     the state; and providing for an effective date."                                               
                                                                                                    
HB 86                                                                                             
Representative McGuire added her name as cosponsor to:                                              
                                                                                                    
     CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL                                                       
     NO. 86(JUD) am                                                                                 
     "An Act relating to civil liability for malicious claims for                                   
     injunctive relief against state permitted projects; and providing for                          
     an effective date."                                                                            
                                                                                                    
HB 183                                                                                            
Representative Kerttula added her name as cosponsor to:                                             
                                                                                                    
     HOUSE BILL NO. 183                                                                             
     "An Act relating to retirement contributions and benefits under the                            
     public employees' retirement system of certain juvenile detention                              
     employees and juvenile correctional institution employees."                                    

2003-05-01                     House Journal                      Page 1259
SB 120                                                                                            
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:                                                                                             
                                                                                                    
     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."                                                          
                                                                                                    
                                                                                                    
                               ENGROSSMENT                                                       
                                                                                                    
HB 61                                                                                             
CSHB 61(FIN) was engrossed, signed by the Speaker and Chief Clerk                                   
and transmitted to the Senate for consideration.                                                    
                                                                                                    
HB 102                                                                                            
CSHB 102(STA) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HB 105                                                                                            
CSHB 105(FIN) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HB 266                                                                                            
CSHB 266(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.                                 
                                                                                                    
With appointment of the Conference Committee on the operating                                       
budget, Rule 23(d) of the Uniform Rules is in effect as of                                          
May 1, 2003.  Written notice of a meeting should be submitted by                                    
4:00 p.m. to the Chief Clerk's office for publication in the next day's                             
committee schedule.                                                                                 
                                                                                                    

2003-05-01                     House Journal                      Page 1260
Majority Caucus           Speaker's Chamber                 5:00 p.m., 5/1                          
                                                                                                    
The following meetings today have been changed as indicated:                                        
                                                                                                    
Finance Committee                                                                                   
CHANGED TO:                                                 3:00 p.m., 5/1                          
                                                                                                    
Transportation Committee                                                                            
CANCELED:                                                   1:30 p.m., 5/1                          
                                                                                                    
Health, Education & Social Services Committee                                                       
CANCELED:                                                   3:00 p.m., 5/1                          
                                                                                                    
                               ADJOURNMENT                                                       
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., May 2, 2003.  There being no                                        
objection, the House adjourned at 2:43 p.m.                                                         
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk