Legislature(2003 - 2004)

2003-05-06 House Journal

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2003-05-06                     House Journal                      Page 1339
                                                                                                    
                              HOUSE JOURNAL                                                      
                                                                                                    
                         ALASKA STATE LEGISLATURE                                                
                                                                                                    
                TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                        
                                                                                                    
Juneau, Alaska                    Tuesday                    May 6, 2003                          
                                                                                                    
                          One Hundred Sixth Day                                                
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 10:18 a.m.                                                                                  
                                                                                                    
Roll call showed 35 members present.  Representatives Anderson and                                  
Crawford had been previously excused from a call of the House today                                 
until 11:00 a.m. and their presence was noted later.  Representative                                
Kapsner had been previously excused from a call of the House today.                                 
Representatives Chenault and Williams were absent and their presence                                
was noted later.                                                                                    
                                                                                                    
                                                                                                    
The invocation was offered by the Chaplain, Pastor Robert Sherwood                                  
of Church of the Nazarene.  Representative McGuire moved and asked                                  
unanimous consent that the invocation be spread on the journal.  There                              
being no objection, it was so ordered.                                                              
                                                                                                    
     Let us pray.  Hear the words of Paul:                                                          
                                                                                                    
     "What then shall we say to these things?  If God is for us, who                                
     can be against us?  He who did not spare His own Son, but                                      
     delivered Him up for us all, how shall He not with Him also                                    
     freely give us all things?  Who shall bring a charge against                                   
     God's elect?  It is God who justifies.  Who is he who                                          
     condemns?  It is Christ who died, and furthermore is also                                      
     risen, who is even at the right hand of God, who also makes                                    
     intercession for us.  Who shall separate us from the love of                                   
     Christ?  Shall tribulation, or distress, or persecution, or                                    
     famine, or nakedness, or peril, or sword?                                                      
                                                                                                    

2003-05-06                     House Journal                      Page 1340
     As it is written:  'For Your sake we are killed all day long; We                               
     are accounted as sheep for the slaughter.'                                                     
                                                                                                    
     Yet in all these things we are more than conquerors through                                    
     Him who loved us.  For I am persuaded that neither death nor                                   
     life, nor angels nor principalities nor powers, nor things                                     
     present nor things to come, nor height nor depth, nor any                                      
     other created thing, shall be able to separate us from the love                                
     of God which is in Christ Jesus our Lord."                                                     
                                                                                                    
     In all the challenges we face this day, Father, grant these                                    
     Representatives wisdom as they ask for it and grant them                                       
     peace.  Amen.                                                                                  
                                                                                                    
The Pledge of Allegiance was led by Representative Rokeberg.                                        
                                                                                                    
                                                                                                    
                       CERTIFICATION OF THE JOURNAL                                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 105th legislative day be approved as certified by the                               
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                                                                                                    
                        MESSAGES FROM THE GOVERNOR                                               
                                                                                                    
A letter dated May 5, 2003, was received from the Director of Boards                                
and Commissions, Office of the Governor, correcting the                                             
April 30, 2003, letter of boards and commissions appointments                                       
(page 1224).                                                                                        
                                                                                                    
A copy of the letter is on file in the Chief Clerk's office.                                        
                                                                                                    
The corrections are as follows:                                                                     
                                                                                                    
Board of Fisheries                                                                                
 Robert (Ed) Dersham - Anchor Point                                                                 
  Appointed: 03/03/1997   Reappointed: 03/20/2000                                                   
  Reappointed: 04/25/2003  Term Expires: 06/30/2006                                                 
                                                                                                    

2003-05-06                     House Journal                      Page 1341
The appointment was referred to the Resources Committee                                             
(page 1226).                                                                                        
                                                                                                    
University of Alaska Board of Regents                                                             
 David J. Parks - Palmer                                                                            
  Appointed: 06/01/2003 Term Expires: 06/01/2005                                                    
                                                                                                    
The appointment was referred to the Health, Education & Social                                      
Services Committee (page 1224).                                                                     
                                                                                                    
HB 71                                                                                             
A message dated May 5, 2003, was read stating the Governor has                                      
signed the following bill and is transmitting the engrossed and enrolled                            
copies to the Lieutenant Governor's office for permanent filing:                                    
                                                                                                    
     SENATE CS FOR HOUSE BILL NO. 71(FIN)                                                           
     "An Act extending the termination date of the Board of Certified                               
     Direct-Entry Midwives; and relating to the regulation of certified                             
     direct-entry midwives."                                                                        
                                                                                                    
     Chapter No. 16, SLA 2003                                                                       
     Effective Date:  August 3, 2003                                                                
                                                                                                    
SB 79                                                                                             
A message dated May 5, 2003, was read stating the Governor has                                      
signed the following bill and is transmitting the engrossed and enrolled                            
copies to the Lieutenant Governor's office for permanent filing:                                    
                                                                                                    
     SENATE BILL NO. 79                                                                             
     "An Act extending the termination date of the Alaska Minerals                                  
     Commission."                                                                                   
                                                                                                    
     Chapter No. 17, SLA 2003                                                                       
     Effective Date:  August 3, 2003                                                                
                                                                                                    
                        SPECIAL ORDER OF BUSINESS                                                
                                                                                                    
Representative Kerttula announced the birth of Matthew Van Kapsner                                  
today, son of Representative Kapsner.                                                               
                                                                                                    

2003-05-06                     House Journal                      Page 1342
**The presence of Representative Williams was noted.                                                
                                                                                                    
                         MESSAGES FROM THE SENATE                                                
                                                                                                    
HB 146                                                                                            
A message dated May 5, 2003, was read stating the Senate has passed:                                
                                                                                                    
     CS FOR HOUSE BILL NO. 146(HES)                                                                 
     "An Act repealing the termination date of certain provisions that                              
     require the reporting of social security numbers and automated                                 
     data matching with financial institutions for child support                                    
     enforcement purposes; relating to social security numbers on                                   
     applications for commercial fishing licenses; and providing for an                             
     effective date."                                                                               
                                                                                                    
CSHB 146(HES) was referred to the Chief Clerk for enrollment.                                       
                                                                                                    
HB 59                                                                                             
A message dated May 5, 2003, was read stating the Senate has passed                                 
CSHB 59(FIN) am with the following amendment and it is transmitted                                  
for consideration:                                                                                  
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 59(FIN)                                                    
     "An Act relating to the evaluation and cleanup of sites where                                  
     certain controlled substances may have been manufactured or                                    
     stored; and providing for an effective date."                                                  
                                                                                                    
CSHB 59(FIN) am is under Unfinished Business.                                                       
                                                                                                    
                                                                                                    
A message dated May 5, 2003, was read stating the Senate has passed                                 
the following and they are transmitted for consideration:                                           
                                                                                                    
                       FIRST READING AND REFERENCE                                               
                             OF SENATE BILLS                                                     
                                                                                                    
SB 63                                                                                             
CS FOR SENATE BILL NO. 63(STA) by the Senate State Affairs                                          
Committee, entitled:                                                                                
                                                                                                    

2003-05-06                     House Journal                      Page 1343
     "An Act relating to transition provisions related to municipal                                 
     mergers, consolidations, dissolutions, reclassifications,                                      
     annexations, detachments, and incorporations; and relating to                                  
     municipal property taxation in annexed, detached, and newly                                    
     incorporated areas."                                                                           
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs Committee.                                                                                  
                                                                                                    
SB 88                                                                                             
SENATE BILL NO. 88 by Senators Seekins, Wilken, Taylor, Dyson,                                      
Wagoner, Elton, Cowdery, Ben Stevens, and Therriault, entitled:                                     
                                                                                                    
     "An Act relating to standards for forest resources and practices;                              
     and providing for an effective date."                                                          
                                                                                                    
was read the first time and referred to the Resources Committee.                                    
                                                                                                    
SB 148                                                                                            
SENATE BILL NO. 148 by Senators Cowdery, Elton, Wilken,                                             
Seekins, Wagoner, Dyson, Ben Stevens, Taylor, Guess, Bunde, Olson,                                  
and Therriault, entitled:                                                                           
                                                                                                    
     "An Act relating to allowable absences for certain members of the                              
     armed forces and their spouses and dependents for purposes of                                  
     eligibility for permanent fund dividends; and providing for an                                 
     effective date."                                                                               
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Military & Veterans' Affairs and the Finance Committee.                                             
                                                                                                    
**The presence of Representative Anderson was noted.                                                
                                                                                                    
SB 173                                                                                            
SENATE BILL NO. 173(efd fld) by the Senate Rules Committee by                                       
request of the Governor, entitled:                                                                  
                                                                                                    
     "An Act repealing statutes pertaining to the Alaska Science and                                
     Technology Foundation and transferring money in the                                            
     foundation's endowment; repealing statutes relating to the BIDCO                               

2003-05-06                     House Journal                      Page 1344
     assistance program; repealing statutes pertaining to the                                       
     international trade and business endowment and transferring                                    
     money in the international trade and business endowment;                                       
     transferring oversight administration of outstanding Alaska                                    
     Science and Technology Foundation loans and grants to the                                      
     Alaska Industrial Development and Export Authority; establishing                               
     an Alaska BIDCO assistance program to be administered by the                                   
     Department of Community and Economic Development; and                                          
     making conforming amendments."                                                                 
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
                              COMMUNICATIONS                                                     
                                                                                                    
A letter dated May 6, 2003, was received from Dana Fabe, Chief                                      
Justice of the Alaska Supreme Court, stating she has nominated the                                  
following public member to serve on the Select Committee on                                         
Legislative Ethics:                                                                                 
                                                                                                    
 Marianne Stillner                                                                                  
                                                                                                    
The Speaker referred the appointment to the Judiciary Committee.                                    
                                                                                                    
                      REPORTS OF STANDING COMMITTEES                                             
                                                                                                    
The Judiciary Committee has reviewed the qualifications of the                                      
following and recommends the appointment be forwarded to a joint                                    
session for consideration:                                                                          
                                                                                                    
                              Richard Burton                                                       
                                                                                                    
as a member of the Commission on Judicial Conduct.                                                  
                                                                                                    
The report was signed by Representative McGuire, Chair; and                                         
Representatives Samuels, Holm, Gara, Ogg, and Gruenberg.                                            
                                                                                                    
HCR 10                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    

2003-05-06                     House Journal                      Page 1345
     HOUSE CONCURRENT RESOLUTION NO. 10                                                             
     Relating to restoration of riparian habitat that is vital to the                               
     fisheries resources of the state.                                                              
                                                                                                    
The report was signed by Representative Fate, Chair, with the                                       
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Lynn, Gatto, Morgan, Masek, Heinze, Fate                                              
                                                                                                    
No recommendation (1):  Wolf                                                                        
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Legislative Agency                                                                        
                                                                                                    
HCR 10 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HJR 22                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
     HOUSE JOINT RESOLUTION NO. 22                                                                  
     Relating to the USA PATRIOT Act and to defending the Bill of                                   
     Rights, the Constitution of the State of Alaska, and civil liberties.                          
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Seaton, Gruenberg, Weyhrauch                                                          
                                                                                                    
No recommendation (3):  Holm, Lynn, Dahlstrom                                                       
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Law                                                                              
                                                                                                    
HJR 22 was referred to the Judiciary Committee.                                                     
                                                                                                    
HJR 23                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    

2003-05-06                     House Journal                      Page 1346
     HOUSE JOINT RESOLUTION NO. 23                                                                  
     Relating to the USA PATRIOT Act and to the peace and security                                  
     of citizens of our country.                                                                    
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Seaton, Gruenberg, Holm, Weyhrauch                                                    
                                                                                                    
No recommendation (2):  Lynn, Dahlstrom                                                             
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Law                                                                              
                                                                                                    
HJR 23 was referred to the Judiciary Committee.                                                     
                                                                                                    
HB 155                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     HOUSE BILL NO. 155                                                                             
     "An Act relating to the submission of payroll information by                                   
     contractors and subcontractors performing work on a public                                     
     construction contract; and providing for an effective date."                                   
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 155(FIN)                                                                 
     "An Act relating to the submission of payroll information by                                   
     contractors and subcontractors performing work on a public                                     
     construction contract; requiring a notice of work by employers on                              
     public construction contracts; providing for the withholding of                                
     final payment for public construction contracts; and providing for                             
     an effective date."                                                                            
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (5):  Meyer, Hawker, Chenault, Whitaker, Williams                                           
                                                                                                    

2003-05-06                     House Journal                      Page 1347
No recommendation (5):  Stoltze, Joule, Croft, Moses, Harris                                        
                                                                                                    
The following fiscal note(s) apply to CSHB 155(FIN):                                                
                                                                                                    
2.  Fiscal, Dept. of Labor & Workforce Development                                                  
                                                                                                    
HB 155 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 162                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     HOUSE BILL NO. 162                                                                             
     "An Act increasing the fee for a state business license; and                                   
     providing for an effective date."                                                              
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 162(FIN)                                                                 
     "An Act relating to fees charged by certain state agencies; and                                
     providing for an effective date."                                                              
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (3):  Whitaker, Foster, Williams                                                            
                                                                                                    
Do not pass (1):  Croft                                                                             
                                                                                                    
No recommendation (7):  Meyer, Hawker, Stoltze, Joule, Moses,                                       
Chenault, Harris                                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 162(FIN):                                                
                                                                                                    
2.  Zero, Dept. of Natural Resources                                                                
3.  Fiscal, Dept. of Community & Economic Development                                               
                                                                                                    
HB 162 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    

2003-05-06                     House Journal                      Page 1348
HB 199                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
     HOUSE BILL NO. 199                                                                             
     "An Act removing the annual adjustment to the minimum wage                                     
     based on the rate of inflation; and providing for an effective date."                          
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (3):  Hawker, Foster, Williams                                                              
                                                                                                    
Do not pass (3):  Joule, Croft, Harris                                                              
                                                                                                    
No recommendation (5):  Meyer, Stoltze, Moses, Chenault, Whitaker                                   
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
2.  Zero, Dept. of Labor & Workforce Development                                                    
                                                                                                    
HB 199 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 215                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
     HOUSE BILL NO. 215                                                                             
     "An Act repealing statutes that relate to art works in public                                  
     buildings and facilities and that require a set percentage of                                  
     construction costs to be spent on art."                                                        
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 215(STA)                                                                 
     "An Act relating to art requirements for public buildings and                                  
     facilities; relating to identification, monitoring, maintenance, and                           
     reporting of art in public buildings and facilities; and relating to                           
     the art in public places fund."                                                                
                                                                                                    

2003-05-06                     House Journal                      Page 1349
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  Weyhrauch                                                                             
                                                                                                    
No recommendation (5):  Gruenberg, Holm, Lynn, Dahlstrom,                                           
Berkowitz                                                                                           
                                                                                                    
The following fiscal note(s) apply to CSHB 215(STA):                                                
                                                                                                    
1.  Zero, Dept. of Transportation & Public Facilities                                               
                                                                                                    
HB 215 was referred to the Finance Committee.                                                       
                                                                                                    
                                                                                                    
HB 225                                                                                            
The Finance 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 Williams, Co-chair, with the                                
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Meyer, Stoltze, Croft, Joule, Moses, Williams                                         
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Indeterminate, Dept. of Law                                                                     
                                                                                                    
HB 225 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 243                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    

2003-05-06                     House Journal                      Page 1350
     HOUSE BILL NO. 243                                                                             
     "An Act establishing state agency program performance                                          
     management and audit powers in the Office of the Governor for                                  
     the evaluation of agency programs; and providing for an effective                              
     date."                                                                                         
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     CS FOR HOUSE BILL NO. 243(STA)                                                                 
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative Williams, Co-chair, with the                                
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Meyer, Williams                                                                       
                                                                                                    
No recommendation (4):  Stoltze, Joule, Croft, Moses                                                
                                                                                                    
The following fiscal note(s) apply to CSHB 243(STA):                                                
                                                                                                    
2.  Zero, Office of the Governor                                                                    
                                                                                                    
HB 243 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 247                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
     HOUSE BILL NO. 247                                                                             
     "An Act repealing statutes pertaining to the Alaska Science and                                
     Technology Foundation and transferring money in the                                            
     foundation's endowment; repealing statutes relating to the BIDCO                               
     assistance program; repealing statutes pertaining to the                                       
     international trade and business endowment and transferring                                    
     money in the international trade and business endowment;                                       
     transferring oversight administration of outstanding Alaska                                    
     Science and Technology Foundation loans and grants to the                                      
     Alaska Industrial Development and Export Authority; establishing                               
     an Alaska BIDCO assistance program to be administered by the                                   

2003-05-06                     House Journal                      Page 1351
     Department of Community and Economic Development; making                                       
       conforming amendments; and providing for an effective date."                                
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do not pass (3):  Crawford, Guttenberg, Anderson                                                    
                                                                                                    
No recommendation (4):  Lynn, Gatto, Dahlstrom, Rokeberg                                            
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Community & Economic Development                                               
                                                                                                    
HB 247 was referred to the Finance Committee.                                                       
                                                                                                    
HB 283                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
     HOUSE BILL NO. 283                                                                             
     "An Act relating to limitations on coal leases."                                               
                                                                                                    
The report was signed by Representative Fate, Chair, with the                                       
following individual recommendations:                                                               
                                                                                                    
Do pass (7):  Lynn, Gatto, Heinze, Morgan, Masek, Wolf, Fate                                        
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Natural Resources                                                                
                                                                                                    
HB 283 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
SJR 17                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
     SENATE JOINT RESOLUTION NO. 17                                                                 
     Relating to the Alaska-Yukon Intergovernmental Relations                                       
     Accord, to annual legislative exchanges, and to continuing                                     

2003-05-06                     House Journal                      Page 1352
     intergovernmental work on matters of joint concern and mutual                                  
     interest.                                                                                      
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Dahlstrom, Lynn, Holm, Weyhrauch                                                      
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Senate State Affairs Committee                                                            
                                                                                                    
SJR 17 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
SB 87                                                                                             
The Judiciary Committee has considered:                                                             
                                                                                                    
     SENATE BILL NO. 87                                                                             
     "An Act relating to principal and income in the administration of                              
     trusts and decedents' estates and the mental health trust fund;                                
     adopting a version of the Uniform Principal and Income Act; and                                
     providing for an effective date."                                                              
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
     HOUSE CS FOR SENATE BILL NO. 87(JUD)                                                           
     (same title)                                                                                   
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Samuels, Holm, Ogg, Gruenberg, McGuire                                                
                                                                                                    
No recommendation (1):  Gara                                                                        
                                                                                                    
The following fiscal note(s) apply to HCS SB 87(JUD):                                               
                                                                                                    
1.  Zero, Dept. of Law                                                                              
                                                                                                    

2003-05-06                     House Journal                      Page 1353
SB 87 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 - Judith Anderegg                                                                          
By Representative Gatto                                                                             
                                                                                                    
Honoring - Aurora Borealis Charter School and Staff                                                 
By Representative Wolf                                                                              
                                                                                                    
                INTRODUCTION, FIRST READING, AND REFERENCE                                       
                              OF HOUSE BILLS                                                     
                                                                                                    
HB 278                                                                                            
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 278 by                                                        
Representative Coghill, entitled:                                                                   
                                                                                                    
     "An Act relating to a masonic lodge license plate."                                            
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Finance Committees.                                                                    
                                                                                                    
HB 299                                                                                            
HOUSE BILL NO. 299 by Representative Ogg, entitled:                                                 
                                                                                                    
     "An Act giving notice of and approving, and authorizing the entry                              
     into and issuance of certificates of participation for, the upgrade,                           
     expansion, and replacement of certain jails; and providing for an                              
     effective date."                                                                               
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs, State Affairs, and Finance Committees.                                                     
                                                                                                    
HB 300                                                                                            
HOUSE BILL NO. 300 by Representative Masek, entitled:                                               
                                                                                                    

2003-05-06                     House Journal                      Page 1354
     "An Act repealing the economic limit factor as it applies to oil;                              
     and providing for an effective date."                                                          
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Oil & Gas and the Resources and Finance Committees.                                                 
                                                                                                    
HB 301                                                                                            
HOUSE BILL NO. 301 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act establishing the Knik Arm Bridge and Toll Authority and                                
    relating to that authority; 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.  Fiscal, Dept. of Transportation & Public Facilities                                             
                                                                                                    
The Governor's transmittal letter dated May 5, 2003, follows:                                       
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill establishing the Knik Arm Bridge and Toll                                       
Authority and relating to that authority.                                                           
                                                                                                    
This bill establishes an independent authority to build and operate a                               
toll bridge over Knik Arm.  The authority would be able to receive                                  
federal money and issue revenue bonds to finance the toll bridge and                                
its appurtenant facilities.  The authority would design, construct, and                             
operate the bridge and its facilities.                                                              
                                                                                                    
The authority would be a public corporation that, although an                                       
instrumentality of the state within the Department of Transportation                                
and Public Facilities, would have a separate independent legal                                      
existence from the state.  The revenue of the authority would not                                   
become part of the general fund and the property of the authority                                   
would be exempt from taxation.                                                                      
                                                                                                    

2003-05-06                     House Journal                      Page 1355
The bill establishes a three-person board to govern the authority.  The                             
commissioners of revenue and transportation and public facilities                                   
would serve on the board, along with a member of the public                                         
appointed by the governor for a five-year term.                                                     
                                                                                                    
Construction of a Knik Arm bridge is a cornerstone of my public                                     
transportation development plan.  A Knik Arm bridge will unite                                      
Anchorage and the Matanuska-Susitna Borough to enable growth                                        
throughout southcentral Alaska.                                                                     
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                Sincerely,                                                         
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                Governor"                                                          
                                                                                                    
                                                                                                    
The Speaker stated that, without objection, the House would recess for                              
a Majority Caucus; and so, the House recessed at 10:50 a.m.                                         
                                                                                                    
                               AFTER RECESS                                                      
                                                                                                    
The Speaker called the House back to order at 11:46 a.m.                                            
                                                                                                    
**The presence of Representatives Chenault and Crawford was noted.                                  
                                                                                                    
                   CONSIDERATION OF THE DAILY CALENDAR                                           
                                                                                                    
                      SECOND READING OF HOUSE BILLS                                              
                                                                                                    
HB 25                                                                                             
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 25                                                                              
     "An Act relating to health care decisions, including do not                                    
     resuscitate orders and the donation of body parts, and to powers of                            
     attorney relating to health care, including the donation of body                               
     parts; and providing for an effective date."                                                   
                                                                                                    

2003-05-06                     House Journal                      Page 1356
with the:                                                    Journal Page                           
                                                                                                    
 HES RPT CS(HES) NT 7DP                                                488                          
 FN1: ZERO(HSS)                                                        488                          
 JUD RPT CS(JUD) NT 5DP                                                811                          
 FN1: ZERO(HSS)                                                        812                          
 FIN REFERRAL WAIVED                                                   829                          
                                                                                                    
                                                                                                    
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. 25(JUD)                                                                  
     "An Act relating to health care decisions, including do not                                    
     resuscitate orders, anatomical gifts, and mental health treatment                              
     decisions, and to powers of attorney relating to health care,                                  
     including anatomical gifts and mental health treatment decisions;                              
     and providing for an effective date."                                                          
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Amendment Nos. 1, 2, 3, 4, and 5 were not offered.                                                  
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 25(JUD) be considered engrossed, advanced to third reading,                                    
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 25(JUD) was read the third time.                                                               
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 25(JUD) pass the House?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CSHB 25(JUD)                                                                                        
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
                                                                                                    
YEAS:  38   NAYS:  1   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
                                                                                                    

2003-05-06                     House Journal                      Page 1357
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kerttula, Kohring, Kookesh,                                    
Kott, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                          
Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson,                                    
Wolf                                                                                                
                                                                                                    
Nays:  Lynn                                                                                         
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
And so, CSHB 25(JUD) 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 25(JUD) was referred to the Chief Clerk for engrossment.                                       
                                                                                                    
The Speaker stated that, without objection, the House would revert to:                              
                                                                                                    
                         MESSAGES FROM THE SENATE                                                
                                                                                                    
SB 105                                                                                            
A message dated May 6, 2003, was read stating the Senate has failed                                 
to concur in the House amendment to:                                                                
                                                                                                    
     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."                                                                   
                                                                                                    
namely:                                                                                             
                                                                                                    
     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)                                                                       
                                                                                                    
and respectfully requests the House to recede from its amendment.                                   

2003-05-06                     House Journal                      Page 1358
The House members of the Conference Committee are Representatives                                   
Wilson (Chair), Coghill, and Cissna (page 1324).                                                    
                                                                                                    
HCS CSSB 105(HES) is under Unfinished Business.                                                     
                                                                                                    
                                                                                                    
                      SECOND READING OF HOUSE BILLS                                              
                               (Continued)                                                         
                                                                                                    
HB 191                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 191                                                                             
     "An Act relating to the Alaska coastal management program and                                  
     to policies and procedures for consistency reviews and the                                     
     rendering of consistency determinations under that program;                                    
     relating to the functions of coastal resource service areas; creating                          
     an Alaska Coastal Program Evaluation Council; eliminating the                                  
     Alaska Coastal Policy Council; annulling certain regulations                                   
     relating to the Alaska coastal management program; relating to                                 
     actions based on private nuisance; relating to zoning within a third                           
     class borough covered by the Alaska coastal management                                         
     program; and providing for effective dates."                                                   
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 FSH RPT 2DP 2DNP 1NR 2AM                                              638                          
 FN1: ZERO(DFG)                                                        639                          
 FN2: ZERO(DEC)                                                        639                          
 FN3: (DNR)                                                            639                          
 RES RPT CS(RES) NT 5DP 2DNP 2AM                                     1196                           
 FN1: ZERO(DFG)                                                      1197                           
 FN2: ZERO(DEC)                                                      1197                           
 FN3: (DNR)                                                          1197                           
 DISCHARGED FROM JUD                                                 1283                           
 FIN RPT CS(FIN) NT 3DP 2DNP 4NR                                     1308                           
 FN1: ZERO(DFG)                                                      1309                           
 FN2: ZERO(DEC)                                                      1309                           
 FN4: ZERO(DNR)                                                      1309                           
                                                                                                    

2003-05-06                     House Journal                      Page 1359
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. 191(FIN)                                                                 
     "An Act relating to the Alaska coastal management program and                                  
     to policies and procedures for consistency reviews and the                                     
     rendering of consistency determinations under that program;                                    
     eliminating the Alaska Coastal Policy Council; annulling certain                               
     regulations relating to the Alaska coastal management program;                                 
     and providing for an effective date."                                                          
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
CSHB 191(FIN) be removed from the calendar and referred to the                                      
Rules Committee.                                                                                    
                                                                                                    
Representative Fate objected.                                                                       
                                                                                                    
Representative Coghill placed a call of the House.                                                  
                                                                                                    
The Speaker stated the call was satisfied.                                                          
                                                                                                    
The question being:  "Shall CSHB 191(FIN) be removed from the                                       
calendar and referred to the Rules Committee?"  The roll was taken                                  
with the following result:                                                                          
                                                                                                    
CSHB 191(FIN)                                                                                       
Second Reading                                                                                      
Remove from Calendar, Refer to Rules Committee                                                      
                                                                                                    
YEAS:  11   NAYS:  28   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Joule, Kerttula, Kookesh, Moses                                                         
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek,                                           
McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze,                                    
Weyhrauch, Whitaker, Williams, Wilson, Wolf                                                         
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
And so, the motion failed.                                                                          

2003-05-06                     House Journal                      Page 1360
Amendment No. 1 was offered by Representative Fate:                                                 
                                                                                                    
Page 12, lines 28 - 29:                                                                             
 Delete "affected [INTERESTED]"                                                                 
 Insert "interested"                                                                                
                                                                                                    
Page 14, line 1:                                                                                    
 Delete "(g) of this section,"                                                                      
 Delete "AS 46.40.040(b),"                                                                          
                                                                                                    
Page 22, line 30:                                                                                   
 Delete "to the extent the regulations are not inconsistent with this                               
Act"                                                                                                
 Insert "notwithstanding any contrary provision of this Act"                                        
                                                                                                    
Page 23, line 1, following "Notwithstanding":                                                       
 Insert "any contrary provision of this Act,"                                                       
                                                                                                    
Page 23, lines 4 - 5:                                                                               
 Delete "that is not otherwise inconsistent with this Act or                                        
AS 46.40 as amended by this Act,"                                                                   
                                                                                                    
                                                                                                    
Representative Fate moved and asked unanimous consent that                                          
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Kerttula objected.                                                                   
                                                                                                    
Representative Kerttula moved and asked unanimous consent to divide                                 
the question.                                                                                       
                                                                                                    
The Speaker ruled that Amendment No. 1 was divisible.                                               
                                                                                                    
There being no objection, Amendment No. 1 was divided.                                              
                                                                                                    
Amendment No. 1, Part A:                                                                            
                                                                                                    
Page 12, lines 28 - 29:                                                                             
 Delete "affected [INTERESTED]"                                                                 
 Insert "interested"                                                                                
                                                                                                    

2003-05-06                     House Journal                      Page 1361
Representative Fate moved and asked unanimous consent that                                          
Amendment No. 1, Part A be adopted.                                                                 
                                                                                                    
Representative Berkowitz objected and withdrew the objection.  There                                
being no further objection, Amendment No. 1, Part A was adopted.                                    
                                                                                                    
                                                                                                    
Amendment No. 1, Part B:                                                                            
                                                                                                    
Page 14, line 1:                                                                                    
 Delete "(g) of this section,"                                                                      
 Delete "AS 46.40.040(b),"                                                                          
                                                                                                    
Representative Fate moved and asked unanimous consent that                                          
Amendment No. 1, Part B be adopted.                                                                 
                                                                                                    
Representative Kerttula objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 1, Part B be adopted?"                                    
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 191(FIN) am                                                                                    
Second Reading                                                                                      
Amendment No. 1, Part B                                                                             
                                                                                                    
                                                                                                    
YEAS:  21   NAYS:  18   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Heinze, Holm, Kohring, Lynn, McGuire, Meyer,                                        
Morgan, Rokeberg, Seaton, Stoltze, Williams, Wolf                                                   
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Joule, Kerttula, Kookesh, Kott, Masek, Moses, Ogg,                                      
Samuels, Weyhrauch, Whitaker, Wilson                                                                
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
Masek changed from "Yea" to "Nay".                                                                  
Wilson changed from "Yea" to "Nay".                                                                 
                                                                                                    
And so, Amendment No. 1, Part B was adopted.                                                        
                                                                                                    

2003-05-06                     House Journal                      Page 1362
Amendment No. 1, Part C:                                                                            
                                                                                                    
Page 22, line 30:                                                                                   
 Delete "to the extent the regulations are not inconsistent with this                               
Act"                                                                                                
 Insert "notwithstanding any contrary provision of this Act"                                        
                                                                                                    
Page 23, line 1, following "Notwithstanding":                                                       
 Insert "any contrary provision of this Act,"                                                       
                                                                                                    
Page 23, lines 4 - 5:                                                                               
 Delete "that is not otherwise inconsistent with this Act or                                        
AS 46.40 as amended by this Act,"                                                                   
                                                                                                    
                                                                                                    
Representative Fate moved and asked unanimous consent that                                          
Amendment No. 1, Part C be adopted.                                                                 
                                                                                                    
Representative Kerttula objected.                                                                   
                                                                                                    
                                                                                                    
Amendment to Amendment No. 1, Part C was offered by                                                 
Representative Kerttula:                                                                            
                                                                                                    
Following "Insert "notwithstanding any contrary provision of this                                   
Act"":                                                                                              
 Insert "Page 22, line 31:                                                                          
  Delete "may"                                                                                      
  Insert "shall"                                                                                    
                                                                                                    
 Page 22, line 31, following "and":                                                                 
  Insert "may""                                                                                     
                                                                                                    
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment to Amendment No. 1, Part C be adopted.                                                    
                                                                                                    
                                                                                                    
Representative Weyhrauch objected.                                                                  
                                                                                                    

2003-05-06                     House Journal                      Page 1363
The question being:  "Shall Amendment to Amendment No. 1, Part C                                    
be adopted?"  The roll was taken with the following result:                                         
                                                                                                    
CSHB 191(FIN) am                                                                                    
Second Reading                                                                                      
Amendment to Amendment No. 1, Part C                                                                
                                                                                                    
                                                                                                    
YEAS:  17   NAYS:  18   EXCUSED:  1   ABSENT:  4                                                  
                                                                                                    
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Fate, Foster, Gara,                                      
Gruenberg, Guttenberg, Kerttula, Kott, Lynn, McGuire, Meyer,                                        
Morgan, Moses, Seaton                                                                               
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Gatto, Harris,                                       
Hawker, Heinze, Holm, Joule, Ogg, Samuels, Stoltze, Weyhrauch,                                      
Whitaker, Williams, Wilson, Wolf                                                                    
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
Absent:  Kohring, Kookesh, Masek, Rokeberg                                                          
                                                                                                    
And so, Amendment to Amendment No. 1, Part C was not adopted.                                       
                                                                                                    
                                                                                                    
The question being:  "Shall Amendment No. 1, Part C be adopted?"                                    
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 191(FIN) am                                                                                    
Second Reading                                                                                      
Amendment No. 1, Part C                                                                             
                                                                                                    
YEAS:  25   NAYS:  14   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Chenault, Coghill, Dahlstrom, Fate, Foster, Harris, Hawker,                                  
Heinze, Holm, Kohring, Kott, Lynn, Masek, McGuire, Meyer,                                           
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Whitaker,                                          
Williams, Wilson, Wolf                                                                              
                                                                                                    
Nays:  Anderson, Berkowitz, Cissna, Crawford, Croft, Gara, Gatto,                                   
Gruenberg, Guttenberg, Joule, Kerttula, Kookesh, Moses, Weyhrauch                                   
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
And so, Amendment No. 1, Part C was adopted.                                                        
                                                                                                    

2003-05-06                     House Journal                      Page 1364
Amendment No. 2 was offered by Representatives Kerttula and                                         
Berkowitz:                                                                                          
                                                                                                    
Page 1, line 1, through page 24, line 28 (title amendment):                                         
 Delete all material and insert:                                                                    
 ""An Act relating to development of guidelines and                                               
enforceable policies by the Alaska Coastal Policy Council; and                                    
providing for an effective date."                                                                 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF                                                  
ALASKA:                                                                                           
   * Section 1.  The uncodified law of the State of Alaska is amended                             
by adding a new section to read:                                                                    
 ALASKA COASTAL POLICY COUNCIL.  The Alaska Coastal                                                 
Policy Council shall revise the "guidelines and standards" found at 6                               
AAC 80.010 - 6 AAC 80.900.  The council shall develop guidelines                                    
for development of district coastal management programs.  The                                       
council shall develop statewide enforceable policies to address coastal                             
uses and resources subject to the Alaska coastal management program.                                
Guidelines and enforceable policies shall be developed in consultation                              
with coastal resource districts, state agencies, federal agencies, coastal                          
tribal governments, local governments in coastal communities, and the                               
public.  The revision shall be completed not later than July 1, 2005.                               
   * Sec. 2.  This Act takes effect July 1, 2003."                                                
                                                                                                    
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Fate objected.                                                                       
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 191(FIN) am                                                                                    
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  13   NAYS:  26   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Gara, Gruenberg,                                         
Guttenberg, Joule, Kerttula, Kookesh, Moses, Ogg, Seaton                                            
                                                                                                    

2003-05-06                     House Journal                      Page 1365
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, Masek,                                           
McGuire, Meyer, Morgan, Rokeberg, Samuels, Stoltze, Weyhrauch,                                      
Whitaker, Williams, Wilson, Wolf                                                                    
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 191(FIN) am be considered engrossed, advanced to third                                         
reading, and placed on final passage.                                                               
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
CSHB 191(FIN) am will advance to third reading on tomorrow's                                        
calendar.                                                                                           
                                                                                                    
HB 209                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 209                                                                             
     "An Act relating to municipal property tax adjustments for                                     
     property affected by a disaster."                                                              
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 CRA RPT CS(CRA) 7DP                                                   867                          
 FN1: ZERO(CED)                                                        868                          
 FIN REFERRAL WAIVED                                                 1216                           
 RLS RPT CS(RLS) 5DP 1NR                                             1309                           
 FN1: ZERO(CED)                                                      1309                           
                                                                                                    
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. 209(RLS)                                                                 
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    

2003-05-06                     House Journal                      Page 1366
Representative Coghill moved and asked unanimous consent that                                       
CSHB 209(RLS) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 209(RLS) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSHB 209(RLS) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 209(RLS)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  1   ABSENT:  2                                                   
                                                                                                    
                                                                                                    
Yeas:  Anderson, Chenault, Cissna, Coghill, Crawford, Croft,                                        
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Joule, Kerttula, Kookesh, Kott, Lynn, Masek,                                  
McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton,                                      
Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf                                                
                                                                                                    
Excused:  Kapsner                                                                                   
                                                                                                    
Absent:  Berkowitz, Kohring                                                                         
                                                                                                    
And so, CSHB 209(RLS) passed the House and was referred to the                                      
Chief Clerk for engrossment.                                                                        
                                                                                                    
                                                                                                    
**Representative Gruenberg, who had been previously excused                                         
(page 1328), left the Chamber.                                                                      
                                                                                                    
                                                                                                    
HB 234                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 234                                                                             
     "An Act relating to brewpubs, and continuing the existence of the                              
     Alcoholic Beverage Control Board; and providing for an effective                               
     date."                                                                                         
                                                                                                    

2003-05-06                     House Journal                      Page 1367
with the:                                                    Journal Page                           
                                                                                                    
 L&C RPT CS(L&C) NT 4DP 3NR                                            963                          
 FN1: ZERO(REV)                                                        963                          
 FIN RPT CS(FIN) NT 3DP 3NR                                          1152                           
 FN1: ZERO(REV)                                                      1153                           
 FN2: INDETERMINATE(DPS)                                             1153                           
 RLS RPT CS(RLS) NT 1DP 4NR 1AM                                      1310                           
 FN1: ZERO(REV)                                                      1310                           
 FN2: INDETERMINATE(DPS)                                             1310                           
                                                                                                    
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. 234(RLS)                                                                 
     "An Act relating to the Alcoholic Beverage Control Board;                                      
     relating to the sale of beer manufactured at a brewpub; and                                    
     providing for an effective date."                                                              
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The question being:  "Shall the Rules Committee substitute be                                       
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
HB 234                                                                                              
Second Reading                                                                                      
Adopt Rules CS                                                                                      
                                                                                                    
YEAS:  31   NAYS:  5   EXCUSED:  2   ABSENT:  2                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Crawford, Dahlstrom, Fate,                                      
Foster, Gatto, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                     
Kohring, Kookesh, Kott, Lynn, McGuire, Meyer, Morgan, Ogg,                                          
Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams,                                  
Wilson, Wolf                                                                                        
                                                                                                    
Nays:  Berkowitz, Cissna, Gara, Kerttula, Moses                                                     
                                                                                                    
Excused:  Gruenberg, Kapsner                                                                        
                                                                                                    
Absent:  Croft, Masek                                                                               
                                                                                                    
And so, CSHB 234(RLS) was adopted.                                                                  
                                                                                                    

2003-05-06                     House Journal                      Page 1368
Amendment No. 1 was offered by Representatives Rokeberg and                                         
McGuire:                                                                                            
                                                                                                    
Page 1, line 1, following "Act" (title amendment):                                                
 Delete "relating to"                                                                             
 Insert "extending the termination date of"                                                       
                                                                                                    
Page 1, lines 7 - 9, following "agency.":                                                           
 Delete all material and insert:                                                                    
 "The Board is in the Department of Public Safety [REVENUE],                                    
but for administrative purposes only."                                                              
                                                                                                    
Representative Rokeberg moved and asked unanimous consent that                                      
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Berkowitz objected and withdrew the objection.                                       
                                                                                                    
There being no further objection, Amendment No. 1 was adopted and                                   
the new title follows:                                                                              
                                                                                                    
     CS FOR HOUSE BILL NO. 234(RLS) am                                                              
     "An Act extending the termination date of the Alcoholic Beverage                               
     Control Board; relating to the sale of beer manufactured at a                                  
     brewpub; and providing for an effective date."                                                 
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 234(RLS) am be considered engrossed, advanced to third                                         
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
CSHB 234(RLS) am was read the third time.                                                           
                                                                                                    
The question being:  "Shall CSHB 234(RLS) am pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 234(RLS) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  2   ABSENT:  2                                                   
                                                                                                    

2003-05-06                     House Journal                      Page 1369
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Dahlstrom, Fate, Foster, Gara, Gatto, Guttenberg, Harris, Hawker,                                   
Heinze, Holm, Joule, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek,                                 
McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Stoltze,                                     
Weyhrauch, Whitaker, Williams, Wilson, Wolf                                                         
                                                                                                    
Excused:  Gruenberg, Kapsner                                                                        
                                                                                                    
Absent:  Croft, Seaton                                                                              
                                                                                                    
And so, CSHB 234(RLS) 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.                                
                                                                                                    
CSHB 234(RLS) am was referred to the Chief Clerk for engrossment.                                   
                                                                                                    
HB 280                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 280                                                                             
     "An Act relating to the regulation of commercial motor vehicles to                             
     avoid loss or withholding of federal highway money, and to out-                                
     of-service orders concerning commercial motor vehicles;                                        
     amending Rule 43.1, Alaska Rules of Administration; and                                        
     providing for an effective date."                                                              
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 TRA RPT 5DP 2NR                                                     1199                           
 FN1: ZERO(ADM)                                                      1199                           
 FIN RPT CS(FIN) NT 7DP 2NR                                          1312                           
 FN1: ZERO(ADM)                                                      1313                           
                                                                                                    
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. 280(FIN)                                                                 
     "An Act relating to the regulation of commercial motor vehicles to                             
     avoid loss or withholding of federal highway money, and to out-                                

2003-05-06                     House Journal                      Page 1370
     of-service orders concerning commercial motor vehicles; moving                                 
     authority for commercial motor vehicle regulation from the                                     
     Department of Public Safety to the Department of Transportation                                
     and Public Facilities; amending Rule 43.1, Alaska Rules of                                     
     Administration; and providing for an effective date."                                          
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 280(FIN) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 280(FIN) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSHB 280(FIN) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 280(FIN)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  35   NAYS:  0   EXCUSED:  2   ABSENT:  3                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Dahlstrom, Fate, Foster, Gara, Gatto, Harris, Hawker, Heinze, Holm,                                 
Joule, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire,                                      
Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Stoltze,                                              
Weyhrauch, Whitaker, Williams, Wilson, Wolf                                                         
                                                                                                    
Excused:  Gruenberg, Kapsner                                                                        
                                                                                                    
Absent:  Croft, Guttenberg, Seaton                                                                  
                                                                                                    
And so, CSHB 280(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                             
court rule change.  There being no objection, it was so ordered.                                    
                                                                                                    
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.                                

2003-05-06                     House Journal                      Page 1371
CSHB 280(FIN) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    
                                                                                                    
                          LEGISLATIVE CITATIONS                                                  
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citation on the calendar.  There being no objection,                              
the following citation was approved and sent to enrolling:                                          
                                                                                                    
In Memoriam - Faye Connolly                                                                         
By Senator French; Representatives Berkowitz, Kott, Anderson,                                       
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster,                                
Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm,                                   
Joule, Kerttula, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                      
Samuels, Seaton, Weyhrauch, Williams, Wilson, Wolf                                                  
                                                                                                    
                                                                                                    
                       CONCUR IN SENATE AMENDMENTS                                               
                                                                                                    
HB 59                                                                                             
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 1342) on the following at                                   
this time:                                                                                          
                                                                                                    
     CS FOR HOUSE BILL NO. 59(FIN) am                                                               
     "An Act relating to the evaluation and cleanup of sites where                                  
     certain controlled substances may have been manufactured or                                    
     stored; and providing for an effective date."                                                  
                                                                                                    
and                                                                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 59(FIN)                                                    
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to CSHB 59(FIN) am, thus adopting SCS CSHB 59(FIN),                                       
and recommended that the members vote yes.                                                          
                                                                                                    

2003-05-06                     House Journal                      Page 1372
The question being:  "Shall the House concur in the Senate                                          
amendment to CSHB 59(FIN) am?"  The roll was taken with the                                         
following result:                                                                                   
                                                                                                    
SCS CSHB 59(FIN)                                                                                    
Concur                                                                                              
                                                                                                    
                                                                                                    
YEAS:  34   NAYS:  0   EXCUSED:  2   ABSENT:  4                                                   
                                                                                                    
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Fate, Foster, Gara, Gatto, Harris, Hawker, Heinze, Holm, Joule,                                     
Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer,                                      
Morgan, Moses, Ogg, Rokeberg, Samuels, Stoltze, Weyhrauch,                                          
Whitaker, Williams, Wilson, Wolf                                                                    
                                                                                                    
Excused:  Gruenberg, Kapsner                                                                        
                                                                                                    
Absent:  Croft, Dahlstrom, Guttenberg, Seaton                                                       
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS CSHB 59(FIN).                                                                                   
                                                                                                    
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.                                
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
SCS CSHB 59(FIN) was referred to the Chief Clerk for enrollment.                                    
                                                                                                    
                                                                                                    
                           UNFINISHED BUSINESS                                                   
                                                                                                    
HB 277                                                                                            
The House Special Committee on Oil & Gas submitted the                                              
forthcoming fiscal notes to accompany their report (page 1316):                                     
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
2.  Zero, Dept. of Natural Resources                                                                
                                                                                                    
for the following:                                                                                  
                                                                                                    

2003-05-06                     House Journal                      Page 1373
     CS FOR HOUSE BILL NO. 277(O&G)                                                                 
     "An Act relating to the powers of the Regulatory Commission of                                 
     Alaska in regard to intrastate pipeline transportation services and                            
     pipeline facilities, to the rate of interest for funds to be paid by                           
     pipeline shippers or carriers at the end of a suspension of tariff                             
     filing, and to the application of orders affecting rates of regulated                          
     pipeline utilities."                                                                           
                                                                                                    
HB 277 is in the Resources Committee.                                                               
                                                                                                    
HCR 10                                                                                            
Representative Gruenberg added his name as cosponsor to:                                            
                                                                                                    
     HOUSE CONCURRENT RESOLUTION NO. 10                                                             
     Relating to restoration of riparian habitat that is vital to the                               
     fisheries resources of the state.                                                              
                                                                                                    
HJR 3                                                                                             
Representative Wolf removed his name as cosponsor to:                                               
                                                                                                    
     SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION                                                  
     NO. 3                                                                                          
     Proposing amendments to the Constitution of the State of Alaska                                
     relating to the Alaska permanent fund.                                                         
                                                                                                    
HB 15                                                                                             
Representative Wilson added her name as cosponsor to:                                               
                                                                                                    
     HOUSE BILL NO. 15                                                                              
     "An Act relating to establishing the Alaska No-Call List, a data                               
     base of residential telephone customers who do not wish to                                     
     receive telephonic solicitations; providing that the data base be                              
     compiled at no cost to the customers; requiring paid telephonic                                
     sellers to purchase the data base; requiring telephonic sellers to                             
     identify themselves; requiring telephonic solicitors who are                                   
     otherwise exempt from registration as telephonic solicitors to file                            
     with the Department of Law and purchase the data base; and                                     
     providing for an effective date."                                                              
                                                                                                    

2003-05-06                     House Journal                      Page 1374
HB 25                                                                                             
Representatives Crawford, Joule, Gara, and Masek added their names                                  
as cosponsors to:                                                                                   
                                                                                                    
     CS FOR HOUSE BILL NO. 25(JUD)                                                                  
     "An Act relating to health care decisions, including do not                                    
     resuscitate orders, anatomical gifts, and mental health treatment                              
     decisions, and to powers of attorney relating to health care,                                  
     including anatomical gifts and mental health treatment decisions;                              
     and providing for an effective date."                                                          
                                                                                                    
HB 40                                                                                             
Representative Weyhrauch added his name as joint prime sponsor to:                                  
                                                                                                    
     HOUSE BILL NO. 40                                                                              
     "An Act relating to issuance of a driver's license."                                           
                                                                                                    
The sponsors are LYNN and WEYHRAUCH, and Chenault.                                                  
                                                                                                    
HB 59                                                                                             
Representative Lynn added his name as cosponsor to:                                                 
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 59(FIN)                                                    
     "An Act relating to the evaluation and cleanup of sites where                                  
     certain controlled substances may have been manufactured or                                    
     stored; and providing for an effective date."                                                  
                                                                                                    
HB 209                                                                                            
Representatives Seaton and Dahlstrom added their names as                                           
cosponsors to:                                                                                      
                                                                                                    
     CS FOR HOUSE BILL NO. 209(RLS)                                                                 
     "An Act relating to municipal property tax adjustments for                                     
     property affected by a disaster."                                                              
                                                                                                    
HB 234                                                                                            
Representatives Croft, Gara, and Lynn added their names as                                          
cosponsors to:                                                                                      
                                                                                                    

2003-05-06                     House Journal                      Page 1375
     CS FOR HOUSE BILL NO. 234(RLS) am                                                              
     "An Act extending the termination date of the Alcoholic Beverage                               
     Control Board; relating to the sale of beer manufactured at a                                  
     brewpub; and providing for an effective date."                                                 
                                                                                                    
HB 250                                                                                            
Representatives Foster and Croft added their names as cosponsors to:                                
                                                                                                    
     HOUSE BILL NO. 250                                                                             
     "An Act relating to protests of state contract awards, to claims on                            
     state contracts, to the arbitration of certain state construction                              
     contract claims, and to hearings and appeals under the State                                   
     Procurement Code; making conforming amendments in the State                                    
     Procurement Code; and providing for an effective date."                                        
                                                                                                    
HB 259                                                                                            
Representative Kohring added his name as cosponsor to:                                              
                                                                                                    
     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."                                                                               
                                                                                                    
HB 260                                                                                            
Representative McGuire added her name as cosponsor to:                                              
                                                                                                    
     HOUSE BILL NO. 260                                                                             
     "An Act relating to immunity for free health care services                                     
     provided by certain health care providers; and providing for an                                
     effective date."                                                                               
                                                                                                    
HB 283                                                                                            
Representatives Heinze, Holm, Wolf, and Whitaker added their names                                  
as cosponsors to:                                                                                   
                                                                                                    
     HOUSE BILL NO. 283                                                                             
     "An Act relating to limitations on coal leases."                                               
                                                                                                    
SB 64                                                                                             
Representative McGuire added her name as cross sponsor to:                                          

2003-05-06                     House Journal                      Page 1376
     CS FOR SENATE BILL NO. 64(JUD)                                                                 
     "An Act relating to a requirement that certain consumer reporting                              
     agencies provide individuals with certain information without                                  
     charge."                                                                                       
                                                                                                    
                               ENGROSSMENT                                                       
                                                                                                    
HB 25                                                                                             
CSHB 25(JUD) was engrossed, signed by the Speaker and Chief Clerk                                   
and transmitted to the Senate for consideration.                                                    
                                                                                                    
HB 209                                                                                            
CSHB 209(RLS) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HB 229                                                                                            
Reconsideration of the following was not taken up on this legislative                               
day.  It was engrossed, signed by the Speaker and Chief Clerk and                                   
transmitted to the Senate for consideration:                                                        
                                                                                                    
     CS FOR HOUSE BILL NO. 229(FIN)                                                                 
     "An Act relating to special medical parole and to prisoners who                                
     are severely medically or cognitively disabled."                                               
                                                                                                    
HB 234                                                                                            
CSHB 234(RLS) am was engrossed, signed by the Speaker and Chief                                     
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HB 280                                                                                            
CSHB 280(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.                                 
                                                                                                    
Majority Caucus           Speaker's Chamber                 5:00 p.m., 5/6                          
                                                                                                    

2003-05-06                     House Journal                      Page 1377
The following meetings today have been changed as indicated:                                        
                                                                                                    
Finance Committee                                                                                   
CHANGED TO:                                                 2:45 p.m., 5/6                          
                                                                                                    
Transportation Committee                                                                            
CHANGED TO:                                                 2:50 p.m., 5/6                          
                                                                                                    
State Affairs Committee                                                                             
CONTINUED TO:                                               5:30 p.m., 5/6                          
                                                                                                    
Resources Committee                                                                                 
CHANGED TO:                                    after Majority Caucus, 5/6                           
                                                                                                    
House Special Committee on Oil & Gas                                                                
CANCELED:                                                   3:15 p.m., 5/6                          
                                                                                                    
Judiciary Committee                                                                                 
CANCELED:                                                   5:30 p.m., 5/6                          
                                                                                                    
                                                                                                    
                               ADJOURNMENT                                                       
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., May 7, 2003.  There being no                                        
objection, the House adjourned at 2:31 p.m.                                                         
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk