Legislature(2003 - 2004)

2003-05-08 House Journal

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2003-05-08                     House Journal                      Page 1445
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
               TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                         
                                                                                                    
Juneau, Alaska                  Thursday                  May 8, 2003                             
                                                                                                    
                        One Hundred Eighth Day                                                 
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 10:48 a.m.                                                                                  
                                                                                                    
Roll call showed 36 members present.  Representative Kapsner had                                    
been previously excused from a call of the House today.                                             
Representative Weyhrauch was absent and his presence was noted                                      
later.                                                                                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representatives Croft and Joule be excused from a call of the House                                 
today.  There being no objection, it was so ordered.                                                
                                                                                                    
                                                                                                    
The invocation was offered by the Chaplain, Pastor Robert Sherwood                                  
of Church of the Nazarene.  Representative Kerttula moved and asked                                 
unanimous consent that the invocation be spread on the journal.  There                              
being no objection, it was so ordered.                                                              
                                                                                                    
    Let us pray.  We read in Numbers 13:33, "And there we saw                                       
    giants, the sons of Anak, which come of the giants, and we                                      
    were in our own sight as grasshoppers, and so were we in                                        
    their sight."                                                                                   
                                                                                                    
    May we realize, Father, that this is an inventory with the main                                 
    fact omitted.  It is an estimate that leaves out God.  Spiritual                                
    pessimism is the parent of moral paralysis.  Let us not have                                    
    our fighting power sapped by the apprehension that we are                                       
    sure to be beaten.                                                                              
                                                                                                    

2003-05-08                     House Journal                      Page 1446
    Cause us to realize, Father, that there is mystical food which                                  
    is gathered from the harvest that grows on heavenly fields.                                     
    Cause our spirits to be fed on spiritual things that we might                                   
    find our strength in the bread of life.  Give us heavenly food                                  
    which is the manna of heroes.  Show us that courage is the                                      
    product of grace.  If we cut ourselves away from the things                                     
    that are not seen, we break communion with our spiritual                                        
    supplies and we lack adequate resource.                                                         
                                                                                                    
    Pre-eminently, Father, when we see the giants, turn the eyes                                    
    of our soul to You, Lord.  If we are dismayed by a king, let us                                 
    fix our gaze upon the King of Kings.  Our mighty Friend will                                    
    give us confidence to meet the foe.  "The Lord is my light and                                  
    my salvation, whom shall I fear?  The Lord is the strength of                                   
    my life, of whom shall I be afraid?"                                                            
                                                                                                    
    Dear God, give Reggie Joule and Eric Croft healing and                                          
    strength right now.  In Your name we pray.                                                      
                                                                                                    
The Pledge of Allegiance was led by Representative Chenault.                                        
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 107th legislative day be approved as certified by the                               
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                       MESSAGES FROM THE SENATE                                                  
                                                                                                    
HB 2                                                                                              
A message dated May 7, 2003, was read stating the Senate has passed:                                
                                                                                                    
    CS FOR HOUSE BILL NO. 2(JUD)(title am)                                                          
    "An Act relating to the statute of limitations for certain civil                                
    actions relating to acts constituting sexual offenses; and providing                            
    for an effective date."                                                                         
                                                                                                    
CSHB 2(JUD)(title am) was referred to the Chief Clerk for                                           
enrollment.                                                                                         
                                                                                                    

2003-05-08                     House Journal                      Page 1447
HB 114                                                                                            
A message dated May 7, 2003, was read stating the Senate has passed:                                
                                                                                                    
    CS FOR HOUSE BILL NO. 114(JUD)(title am)                                                        
    "An Act relating to the issuance of a search warrant upon the                                   
    sworn testimony or affidavit of a person communicated by                                        
    telephone, other appropriate means, or facsimile machine."                                      
                                                                                                    
CSHB 114(JUD)(title am) was referred to the Chief Clerk for                                         
enrollment.                                                                                         
                                                                                                    
HB 75                                                                                             
A message dated May 7, 2003, was read stating the President has                                     
granted limited powers of free conference to the Senate members of                                  
the Conference Committee considering:                                                               
                                                                                                    
    CS FOR SS FOR HOUSE BILL NO. 75(FIN) am(brf sup maj fld)                                        
    "An Act making appropriations for the operating and loan                                        
    program expenses of state government, for certain programs, and                                 
    to capitalize funds; and providing for an effective date."                                      
                                                                                                    
and                                                                                                 
                                                                                                    
    SENATE CS FOR CS FOR SS FOR HOUSE BILL NO.                                                      
    75(FIN)(brf sup maj fld S)                                                                      
    (same title)                                                                                    
                                                                                                    
The Speaker had previously granted the limited powers of free                                       
conference on the specific points requested (page 1391).                                            
                                                                                                    
HB 76                                                                                             
A message dated May 7, 2003, was read stating the President has                                     
granted limited powers of free conference to the Senate members of                                  
the Conference Committee considering:                                                               
                                                                                                    
    CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                    
    76(FIN)                                                                                         
    "An Act making appropriations for the operating and capital                                     
    expenses of the state's integrated comprehensive mental health                                  
    program; and providing for an effective date."                                                  
                                                                                                    

2003-05-08                     House Journal                      Page 1448
and                                                                                                 
                                                                                                    
    SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 76(FIN)                                              
    am S                                                                                            
    (same title)                                                                                    
                                                                                                    
The Speaker had previously granted the limited powers of free                                       
conference on the specific points requested (page 1411).                                            
                                                                                                    
**The presence of Representative Weyhrauch was noted.                                               
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
The Resources Committee has reviewed the qualifications of the                                      
following and recommends the appointments be forwarded to a joint                                   
session for consideration:                                                                          
                                                                                                    
                          Dr. Floyd F. Bouse                                                       
                          Robert (Ed) Dersham                                                      
                                                                                                    
as members of the Board of Fisheries.                                                               
                                                                                                    
The reports were signed by Representative Fate, Chair; and                                          
Representatives Morgan, Gatto, Lynn, Kerttula, Guttenberg, Wolf, and                                
Masek                                                                                               
                                                                                                    
HJR 26                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 26                                                                   
    Proposing amendments to the Constitution of the State of Alaska                                 
    relating to and limiting appropriations from and inflation-proofing                             
    the Alaska permanent fund by establishing a percent of market                                   
    value spending limit.                                                                           
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE JOINT RESOLUTION NO. 26(JUD)                                                       
    Proposing amendments to the Constitution of the State of Alaska                                 
    relating to and limiting appropriations from the Alaska permanent                               

2003-05-08                     House Journal                      Page 1449
    fund based on an averaged percent of the fund market value to                                   
    protect the fund from inflation and assure that the real value of the                           
    fund will be preserved over the long term.                                                      
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Ogg, Samuels, McGuire                                                                 
                                                                                                    
No recommendation (3):  Gruenberg, Gara, Holm                                                       
                                                                                                    
The following fiscal note(s) apply to CSHJR 26(JUD):                                                
                                                                                                    
1.  Fiscal, Office of the Governor                                                                  
2.  Zero, Dept. of Revenue                                                                          
                                                                                                    
HJR 26 was referred to the Finance Committee.                                                       
                                                                                                    
                                                                                                    
HB 28                                                                                             
The Resources Committee has considered:                                                             
                                                                                                    
    SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 28                                                        
    "An Act relating to adjustments to royalty reserved to the state to                             
    encourage otherwise uneconomic production of oil and gas; and                                   
    providing for an effective date."                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                    
    28(RES)                                                                                         
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Fate, Chair, with the                                       
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Lynn, Gatto, Morgan, Heinze, Fate                                                     
                                                                                                    
No recommendation (2):  Kerttula, Guttenberg                                                        
                                                                                                    

2003-05-08                     House Journal                      Page 1450
The following fiscal note(s) apply to CSSSHB 28(RES):                                               
                                                                                                    
1.  Zero, Dept. of Natural Resources                                                                
                                                                                                    
SSHB 28 was referred to the Finance Committee.                                                      
                                                                                                    
HB 145                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 145                                                                              
    "An Act relating to public interest litigants and to attorney fees;                             
    and amending Rule 82, Alaska Rules of Civil Procedure."                                         
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 145(JUD)                                                                  
 "An Act relating to public interest litigants and to attorney fees."                              
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Anderson, McGuire                                                                     
                                                                                                    
Do not pass (2):  Gara, Gruenberg                                                                   
                                                                                                    
No recommendation (3):  Holm, Samuels, Ogg                                                          
                                                                                                    
The following fiscal note(s) apply to CSHB 145(JUD):                                                
                                                                                                    
1.  Zero, Dept. of Law                                                                              
3.  Zero, Dept. of Administration                                                                   
                                                                                                    
HB 145 was referred to the Finance Committee.                                                       
                                                                                                    
HB 174                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 174                                                                              
    "An Act relating to the state centralized correspondence study                                  
    program, to funding for educational programs that occur primarily                               

2003-05-08                     House Journal                      Page 1451
    outside school facilities, and to the duties of school boards of                                
    borough and city school districts and regional educational                                      
    attendance areas; and providing for an effective date."                                         
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 174(FIN)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (5):  Meyer, Whitaker, Foster, Harris, Williams                                             
                                                                                                    
No recommendation (4):  Hawker, Stoltze, Moses, Chenault                                            
                                                                                                    
The following fiscal note(s) apply to CSHB 174(FIN):                                                
                                                                                                    
2.  Fiscal, Dept. of Education & Early Development                                                  
3.  Fiscal, Dept. of Education & Early Development                                                  
                                                                                                    
HB 174 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 205                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 205                                                                              
    "An Act relating to service in the peace corps as an allowable                                  
    absence from the state for purposes of eligibility for permanent                                
    fund dividends and to the period for filing an application for a                                
    permanent fund dividend; authorizing the Department of Revenue                                  
    to issue administrative orders imposing sanctions for certain                                   
    misrepresentations or other actions concerning eligibility for a                                
    permanent fund dividend and providing for administrative appeal                                 
    of those orders; and providing for an effective date."                                          
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    

2003-05-08                     House Journal                      Page 1452
Do pass (7):  Hawker, Meyer, Chenault, Whitaker, Foster, Harris,                                    
Williams                                                                                            
                                                                                                    
No recommendation (2):  Stoltze, Moses                                                              
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
2.  Zero, Dept. of Revenue                                                                          
                                                                                                    
HB 205 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 267                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 267                                                                              
    "An Act relating to the Alaska Railroad; authorizing the Alaska                                 
    Railroad Corporation to provide financing for the acquisition,                                  
    construction, improvement, maintenance, equipping, or operation                                 
    of facilities for the transportation of natural gas resources within                            
    and outside the state by others; authorizing the Alaska Railroad                                
    Corporation to issue bonds to finance those facilities; and                                     
    providing for an effective date."                                                               
                                                                                                    
The report was signed by Representative Fate, Chair, with the                                       
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Lynn, Wolf, Fate                                                                      
                                                                                                    
No recommendation (4):  Morgan, Masek, Kerttula, Guttenberg                                         
                                                                                                    
Amend (1):  Gatto                                                                                   
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Community & Economic Development                                               
                                                                                                    
HB 267 was referred to the Finance Committee.                                                       
                                                                                                    

2003-05-08                     House Journal                      Page 1453
HB 268                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    HOUSE BILL NO. 268                                                                              
    "An Act relating to an exemption for specialty contractors under                                
    the laws regulating architects, engineers, land surveyors, and                                  
    landscape architects."                                                                          
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  Anderson                                                                              
                                                                                                    
No recommendation (4):  Gatto, Crawford, Guttenberg, Rokeberg                                       
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
HB 268 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 270                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    HOUSE BILL NO. 270                                                                              
    "An Act relating to the licensure of pharmacists; and providing for                             
    an effective date."                                                                             
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Gatto, Crawford, Rokeberg, Anderson                                                   
                                                                                                    
No recommendation (1):  Guttenberg                                                                  
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    

2003-05-08                     House Journal                      Page 1454
HB 270 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
SB 173                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    SENATE BILL NO. 173(efd fld)                                                                    
    "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                                    
    Department of Community and Economic Development; and                                           
    making conforming amendments."                                                                  
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (6):  Meyer, Hawker, Chenault, Whitaker, Harris, Williams                                   
                                                                                                    
No recommendation (2):  Stoltze, Moses                                                              
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Community & Economic Development                                               
2.  Fiscal, Dept. of Community & Economic Development                                               
                                                                                                    
SB 173(efd fld) was referred to the Rules Committee for placement on                                
the calendar.                                                                                       
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
HB 124                                                                                            
The Conference Committee considering HB 124 and SCS                                                 
HB 124(TRA) recommends the following be adopted:                                                    
                                                                                                    

2003-05-08                     House Journal                      Page 1455
    HOUSE BILL NO. 124                                                                              
    "An Act relating to commercial motor vehicle drivers and their                                  
    employers and to railroad-highway grade crossings; and providing                                
    for an effective date."                                                                         
                                                                                                    
The report was signed by Representatives Holm (Chair); McGuire,                                     
Gruenberg; and Senators Cowdery (Chair), Ogan, French.                                              
                                                                                                    
The following fiscal note(s) apply to HB 124:                                                       
                                                                                                    
1.  Zero, Dept. of Administration                                                                   
2.  Zero, Dept. of Public Safety                                                                    
4.  Zero, Dept. of Transportation & Public Facilities                                               
                                                                                                    
Representative Coghill moved that the House adopt the Conference                                    
Committee report, thus adopting HB 124.                                                             
                                                                                                    
The question being:  "Shall the House adopt the Conference                                          
Committee report?"  The roll was taken with the following result:                                   
                                                                                                    
HB 124                                                                                              
Adopt Conference Committee Report                                                                   
                                                                                                    
YEAS:  32   NAYS:  0   EXCUSED:  3   ABSENT:  5                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Cissna, Coghill, Crawford, Dahlstrom,                                    
Fate, Foster, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze,                                 
Holm, Kerttula, Kohring, Kookesh, Kott, McGuire, Meyer, Morgan,                                     
Moses, Ogg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker,                                          
Williams, Wilson, Wolf                                                                              
                                                                                                    
Excused:  Croft, Joule, Kapsner                                                                     
                                                                                                    
Absent:  Berkowitz, Gara, Lynn, Masek, Rokeberg                                                     
                                                                                                    
And so, the House adopted the Conference Committee report, thus                                     
adopting HB 124.                                                                                    
                                                                                                    
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.                                                                
                                                                                                    

2003-05-08                     House Journal                      Page 1456
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - The Frontiersman Newspaper                                                               
By Representative Masek                                                                             
                                                                                                    
Honoring - Juneau-Douglas High School Men's Basketball Team                                         
By Representatives Kerttula, Weyhrauch; Senator Elton                                               
                                                                                                    
                                                                                                    
Honoring - Juneau-Douglas High School Ocean Sciences Bowl                                           
Participants                                                                                        
By Representatives Kerttula, Weyhrauch; Senator Elton                                               
                                                                                                    
Honoring - Alaska Vocational Technical School                                                       
By Representative Seaton                                                                            
                                                                                                    
                                                                                                    
In Memoriam - Debra Lynne Marbach                                                                   
By Representatives Kerttula, Weyhrauch; Senator Elton                                               
                                                                                                    
In Memoriam - Stella Martin                                                                         
By Representatives Kerttula, Weyhrauch; Senator Elton                                               
                                                                                                    
                                                                                                    
In Memoriam - Major General James Edward Landrum, Jr.                                               
By Representatives Kerttula, Weyhrauch; Senator Elton                                               
                                                                                                    
In Memoriam - Dorothy Marvin Rhodes                                                                 
By Representatives Kerttula, Weyhrauch; Senator Elton                                               
                                                                                                    
                                                                                                    
In Memoriam - Eckley Kinnicutt Guerin                                                               
By Representatives Kerttula, Weyhrauch; Senator Elton                                               
                                                                                                    
In Memoriam - Virginia Hawkins Darling                                                              
By Representative Seaton                                                                            
                                                                                                    

2003-05-08                     House Journal                      Page 1457
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                            OF HOUSE BILLS                                                       
                                                                                                    
HB 308                                                                                            
HOUSE BILL NO. 308 by Representative Gara, entitled:                                                
                                                                                                    
    "An Act related to exchanging public land for privately held                                    
    riverbank and stream bank lands."                                                               
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs and Resources Committees.                                                                   
                                                                                                    
HB 309                                                                                            
HOUSE BILL NO. 309 by Representatives Wolf, Rokeberg, and Gara,                                     
entitled:                                                                                           
                                                                                                    
    "An Act prohibiting the release of nonindigenous predatory fish                                 
    into public water."                                                                             
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Fisheries and the Resources Committee.                                                              
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 165                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 165                                                                              
    "An Act relating to community schools; and providing for an                                     
    effective date."                                                                                
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 EDU RPT 5DP 2DNP                                                   539                             
 FN1: (EED)                                                         539                             
 HES RPT CS(HES) 4DP 2DNP 1NR                                       763                             
 FN1: (EED)                                                         763                             
 FIN RPT CS(HES) 2DP 2DNP 5NR                                     1118                              
 FN2: ZERO(EED)                                                   1119                              
                                                                                                    

2003-05-08                     House Journal                      Page 1458
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. 165(HES)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representative Kerttula:                                             
                                                                                                    
Page 1, line 1 (title amendment):                                                                   
 Delete all material.                                                                               
 Insert ""An Act making an appropriation for community                                            
schools; and providing for an effective date.""                                                   
                                                                                                    
Page 1, lines 3 - 14:                                                                               
 Delete all material.                                                                               
 Insert "* Section 1.  COMMUNITY SCHOOLS.  The sum of                                             
$500,000 is appropriated to the Department of Education and Early                                   
Development for the purposes of continuing the Community Schools                                    
program from the following sources:                                                                 
  SOURCE        AMOUNT                                                                              
  General Fund       $500,000"                                                                      
                                                                                                    
Renumber the following section accordingly.                                                         
                                                                                                    
                                                                                                    
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Meyer objected.                                                                      
                                                                                                    
                                                                                                    
Representative Berkowitz placed a call of the House.                                                
                                                                                                    
The Speaker stated the call was satisfied.                                                          
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                

2003-05-08                     House Journal                      Page 1459
                                                                                                    
CSHB 165(HES)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  10   NAYS:  27   EXCUSED:  3   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Gara, Gruenberg, Guttenberg,                                    
Kerttula, Kookesh, Masek, Moses                                                                     
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto,                                 
Harris, Hawker, Heinze, Holm, Kohring, Kott, Lynn, McGuire,                                         
Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze,                                             
Weyhrauch, Whitaker, Williams, Wilson, Wolf                                                         
                                                                                                    
Excused:  Croft, Joule, Kapsner                                                                     
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 165(HES) be considered engrossed, advanced to third reading,                                   
and placed on final passage.                                                                        
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
CSHB 165(HES) will advance to third reading on tomorrow's                                           
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 225                                                                                            
The following was read the second time:                                                             
                                                                                                    
    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."                                                               
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 EDT RPT 4DP 1NR                                                  1024                              
 FN1: INDETERMINATE(LAW)                                          1024                              

2003-05-08                     House Journal                      Page 1460
 JUD RPT 5DP 1AM                                                  1232                              
 FN1: INDETERMINATE(LAW)                                          1232                              
 FIN RPT 6DP                                                      1349                              
 FN1: INDETERMINATE(LAW)                                          1349                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
HB 225 be considered engrossed, advanced to third reading, and                                      
placed on final passage.                                                                            
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
                                                                                                    
HB 225 will advance to third reading on tomorrow's calendar.                                        
                                                                                                    
                                                                                                    
HB 226                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 226                                                                              
    "An Act relating to the sale, offer for sale, representation, and                               
    labeling of food or other agricultural products as organic, and to                              
    the state organic certification program; and providing for an                                   
    effective date."                                                                                
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 RES RPT 8DP                                                        911                             
 FN1: (DNR)                                                         911                             
 FIN RPT 8DP                                                      1386                              
 FN2: (H.FIN/DNR)                                                 1386                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
HB 226 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
HB 226 was read the third time.                                                                     
                                                                                                    
**Representative Kookesh, who had been previously excused                                           
(page 1437), left the Chamber.                                                                      
                                                                                                    

2003-05-08                     House Journal                      Page 1461
Representative Coghill placed a call of the House.                                                  
                                                                                                    
The call was satisfied.                                                                             
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
HB 226 be returned to second reading for the specific purpose of                                    
considering Amendment No. 1.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
Amendment No. 1 was offered  by Representative Gruenberg:                                            
                                                                                                    
Page 2, line 26:                                                                                    
 Delete all material.                                                                               
                                                                                                    
Renumber following sections accordingly.                                                            
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
The question being:  "Shall HB 226 am pass the House?"  The roll was                                
taken with the following result:                                                                    
                                                                                                    
HB 226 am                                                                                           
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  4   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Kerttula, Kohring, Kott, Lynn, Masek,                                         
McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton,                                      
Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf                                                
                                                                                                    
Excused:  Croft, Joule, Kapsner, Kookesh                                                            
                                                                                                    
And so, HB 226 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.                                
                                                                                                    

2003-05-08                     House Journal                      Page 1462
Representative Stoltze gave notice of reconsideration of the vote on                                
HB 226 am.                                                                                          
                                                                                                    
HB 250                                                                                            
The following was read the second time:                                                             
                                                                                                    
    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."                                         
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 L&C RPT CS(L&C) 6DP                                              1047                              
 FN1: INDETERMINATE(DOT)                                          1048                              
 STA RPT CS(L&C) 6DP 1NR                                          1121                              
 FN1: INDETERMINATE(DOT)                                          1122                              
 FIN RPT CS(FIN) 3DP 3NR                                          1388                              
 FN1: INDETERMINATE(DOT)                                          1388                              
                                                                                                    
                                                                                                    
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. 250(FIN)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 250(FIN) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 250(FIN) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSHB 250(FIN) pass the House?"  The                                     
roll was taken with the following result:                                                           

2003-05-08                     House Journal                      Page 1463
                                                                                                    
CSHB 250(FIN)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  4   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Kerttula, Kohring, Kott, Lynn, Masek,                                         
McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton,                                      
Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf                                                
                                                                                                    
Excused:  Croft, Joule, Kapsner, Kookesh                                                            
                                                                                                    
And so, CSHB 250(FIN) passed the House.                                                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
CSHB 250(FIN) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    
                                                                                                    
HB 257                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 257                                                                              
    "An Act relating to the disclosure requirements for real estate                                 
    licensees, to disciplinary action against real estate licensees, to                             
    private actions against real estate licensees, and to real estate                               
    licensee agency relationships, fiduciary duties, and other duties;                              
    and providing for an effective date."                                                           
                                                                                                    
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 L&C RPT 1DP 5NR                                                    984                             
 FN1: ZERO(CED)                                                     984                             
 JUD RPT CS(JUD) NT 2DP 2NR 2AM                                   1311                              
 FN1: ZERO(CED)                                                   1312                              
                                                                                                    

2003-05-08                     House Journal                      Page 1464
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. 257(JUD)                                                                  
    "An Act relating to the disclosure requirements for real estate                                 
    licensees, to disciplinary action against real estate licensees, to                             
    private actions and remedies against real estate licensees, and to                              
    real estate licensee agency, relationships, and duties; and                                     
    providing for an effective date."                                                               
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was offered  by Representative Gara:                                                 
                                                                                                    
Page 4, lines 18 - 24:                                                                              
 Delete all material.                                                                               
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 4, line 27:                                                                                    
 Delete "(a)"                                                                                       
                                                                                                    
Page 4, line 29:                                                                                    
 Delete "subsection"                                                                                
         Insert "section"                                                                           
                                                                                                    
Page 4, line 31, through page 5, line 3:                                                            
 Delete all material.                                                                               
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
                                                                                                    
Representatives Lynn and Rokeberg moved and asked unanimous                                         
consent that they be allowed to abstain from voting because of a                                    
conflict of interest.  Objection was heard, and the members were                                    
required to vote.                                                                                   
                                                                                                    

2003-05-08                     House Journal                      Page 1465
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 257(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  8   NAYS:  28   EXCUSED:  4   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Gara, Gruenberg, Guttenberg,                                    
Kerttula, 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:  Croft, Joule, Kapsner, Kookesh                                                            
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
                                                                                                    
Amendment No. 2 was offered  by Representative Gara:                                                 
                                                                                                    
Page 4, line 25, through page 5, line 3:                                                            
 Delete all material.                                                                               
                                                                                                    
Renumber the following bill section accordingly.                                                    
                                                                                                    
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
                                                                                                    
The Speaker stated that, without objection, the House would revert to:                              
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
HJR 9                                                                                             
The State Affairs Committee has considered:                                                         
                                                                                                    

2003-05-08                     House Journal                      Page 1466
    HOUSE JOINT RESOLUTION NO. 9                                                                    
    Proposing amendments to the Constitution of the State of Alaska                                 
    relating to an appropriation limit and a spending limit.                                        
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE JOINT RESOLUTION NO. 9(STA)                                                        
    Proposing an amendment to the Constitution of the State of                                      
    Alaska relating to an appropriation limit and a spending limit.                                
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Seaton, Lynn, Dahlstrom                                                               
                                                                                                    
No recommendation (3):  Gruenberg, Holm, Weyhrauch                                                  
                                                                                                    
The following fiscal note(s) apply to CSHJR 9(STA):                                                 
                                                                                                    
1.  Fiscal, Office of the Governor                                                                  
                                                                                                    
HJR 9 was referred to the Judiciary Committee.                                                      
                                                                                                    
                                                                                                    
HB 252                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
    HOUSE BILL NO. 252                                                                              
    "An Act relating to the terms of members of boards and                                          
    commissions that regulate businesses and professions and to the                                 
    duties of the members of the State Board of Registration for                                    
    Architects, Engineers and Land Surveyors."                                                      
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 252(STA)                                                                  
    "An Act relating to the terms and duties of the members of the                                  
    State Board of Registration for Architects, Engineers and Land                                  
    Surveyors."                                                                                     
                                                                                                    

2003-05-08                     House Journal                      Page 1467
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Dahlstrom, Lynn, Seaton, Weyhrauch                                                    
                                                                                                    
No recommendation (1):  Berkowitz                                                                   
                                                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 252(STA):                                                
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
HB 252 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
The Speaker stated that, without objection, the House would advance                                 
to:                                                                                                 
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
                                                                                                    
Majority Caucus          Speaker's Chamber               1:00 p.m., 5/8                             
                                                                                                    
                                                                                                    
The following meetings today have been changed as indicated:                                        
                                                                                                    
State Affairs Committee                                                                             
CONTINUED TO:                                            3:00 p.m., 5/8                             
                                                                                                    
House Special Committee on Ways & Means                                                             
CONTINUED TO:                                      call of the Chair, 5/8                           
                                                                                                    
House Special Committee on Oil & Gas                                                                
CANCELED:                                                3:15 p.m., 5/8                             
                                                                                                    
                                                                                                    
The Speaker stated that, without objection, the House would recess                                  
until 5:00 p.m.; and so, the House recessed at 12:49 p.m.                                           
                                                                                                    

2003-05-08                     House Journal                      Page 1468
                             AFTER RECESS                                                        
                                                                                                    
The Speaker called the House back to order at 6:31 p.m.                                             
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                              (Continued)                                                          
                                                                                                    
HB 257                                                                                            
The following, which was in second reading with Amendment No. 2                                     
moved and pending, was before the House:                                                            
                                                                                                    
    CS FOR HOUSE BILL NO. 257(JUD)                                                                  
    "An Act relating to the disclosure requirements for real estate                                 
    licensees, to disciplinary action against real estate licensees, to                             
    private actions and remedies against real estate licensees, and to                              
    real estate licensee agency, relationships, and duties; and                                     
    providing for an effective date."                                                               
                                                                                                    
Representative Kerttula rose to a point of order and cited Mason's                                  
Manual Section 111(3).                                                                              
                                                                                                    
The Speaker indicated the point was well taken.                                                     
                                                                                                    
Representative Coghill rose to a point of order regarding debating                                  
merits of a court case.                                                                             
                                                                                                    
The Speaker cautioned members to refrain from discussion of the                                     
court case.                                                                                         
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 257(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  17   NAYS:  18   EXCUSED:  3   ABSENT:  2                                                  
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Crawford, Gara, Gruenberg,                                      
Guttenberg, Hawker, Heinze, Holm, Kerttula, Kott, Masek, Seaton,                                    
Weyhrauch, Whitaker, Williams                                                                       
                                                                                                    

2003-05-08                     House Journal                      Page 1469
Nays:  Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris,                                   
Kohring, Lynn, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels,                                      
Stoltze, Wilson, Wolf                                                                               
                                                                                                    
Excused:  Croft, Joule, Kapsner                                                                     
                                                                                                    
Absent:  Kookesh, Moses                                                                             
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 257(JUD) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 257(JUD) was read the third time.                                                              
                                                                                                    
Representative Crawford placed a call of the House and lifted the call.                             
                                                                                                    
The question being:  "Shall CSHB 257(JUD) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 257(JUD)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
                                                                                                    
YEAS:  20   NAYS:  12   EXCUSED:  3   ABSENT:  5                                                  
                                                                                                    
                                                                                                    
Yeas:  Anderson, Coghill, Dahlstrom, Fate, Foster, Harris, Heinze,                                  
Holm, Kohring, Kott, Lynn, McGuire, Morgan, Rokeberg, Samuels,                                      
Stoltze, Weyhrauch, Whitaker, Wilson, Wolf                                                          
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Gara, Gatto, Gruenberg,                                         
Guttenberg, Kerttula, Masek, Moses, Ogg, Williams                                                   
                                                                                                    
Excused:  Croft, Joule, Kapsner                                                                     
                                                                                                    
Absent:  Chenault, Hawker, Kookesh, Meyer, Seaton                                                   
                                                                                                    
And so, CSHB 257(JUD) failed to pass the House.                                                     
                                                                                                    
Representative Stoltze gave notice of reconsideration of the vote on                                
CSHB 257(JUD)(fld H).                                                                               
                                                                                                    

2003-05-08                     House Journal                      Page 1470
**Representative Coghill moved and asked unanimous consent that                                     
Representative Kookesh be excused from a call of the House today.                                   
There being no objection, it was so ordered.                                                        
                                                                                                    
                     THIRD READING OF HOUSE BILLS                                                
                                                                                                    
HB 195                                                                                            
The following, which was advanced to third reading from the                                         
May 7, 2003, calendar (page 1424), was read the third time:                                         
                                                                                                    
    CS FOR HOUSE BILL NO. 195(L&C) am                                                               
    "An Act relating to coverage offered under an individual policy of                              
    health care insurance; relating to the state health insurance plan;                             
    and providing for an effective date."                                                           
                                                                                                    
The question being:  "Shall CSHB 195(L&C) am pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 195(L&C) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
                                                                                                    
YEAS:  27   NAYS:  6   EXCUSED:  4   ABSENT:  3                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Cissna, Coghill, Dahlstrom, Fate, Foster,                                
Gatto, Gruenberg, Harris, Hawker, Heinze, Holm, Kohring, Kott,                                      
Lynn, Masek, McGuire, Meyer, Morgan, Samuels, Seaton, Stoltze,                                      
Weyhrauch, Whitaker, Williams, Wilson                                                               
                                                                                                    
Nays:  Berkowitz, Crawford, Gara, Guttenberg, Kerttula, Ogg                                         
                                                                                                    
Excused:  Croft, Joule, Kapsner, Kookesh                                                            
                                                                                                    
Absent:  Moses, Rokeberg, Wolf                                                                      
                                                                                                    
And so, CSHB 195(L&C) 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 195(L&C) am was referred to the Chief Clerk for engrossment.                                   
                                                                                                    

2003-05-08                     House Journal                      Page 1471
                  SECOND READING OF HOUSE RESOLUTIONS                                            
                                                                                                    
HCR 10                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 10                                                              
    Relating to restoration of riparian habitat that is vital to the                                
    fisheries resources of the state.                                                               
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 FSH RPT 4DP 1NR                                                    816                             
 FN1: ZERO(LEG)                                                     816                             
 RES RPT 6DP 1NR                                                  1344                              
 FN1: ZERO(LEG)                                                   1345                              
                                                                                                    
The question being:  "Shall HCR 10 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HCR 10                                                                                              
Second Reading                                                                                      
Final Passage                                                                                       
                                                                                                    
YEAS:  35   NAYS:  0   EXCUSED:  4   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Heinze, Holm, Kerttula, Kohring, Kott, Lynn, Masek,                                         
McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze,                                    
Weyhrauch, Whitaker, Williams, Wilson, Wolf                                                         
                                                                                                    
Excused:  Croft, Joule, Kapsner, Kookesh                                                            
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, HCR 10 passed the House and was referred to the Chief Clerk                                 
for engrossment.                                                                                    
                                                                                                    
                         LEGISLATIVE CITATIONS                                                   
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citations on the calendar.  There being no                                        
objection, the following citations were approved and sent to enrolling:                             

2003-05-08                     House Journal                      Page 1472
Honoring - The Craig Panthers, Craig Boys' Basketball Team                                          
By Representatives Kookesh, Kott, Anderson, Berkowitz, Chenault,                                    
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto,                                     
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Kerttula,                                      
Kohring, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                        
Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                         
                                                                                                    
In Memoriam - Joyce Anne Parkerson                                                                  
By Senator Green; Representatives Stoltze, Kott, Anderson,                                          
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker,                                   
Heinze, Holm, Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire,                                     
Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Weyhrauch,                                           
Williams, Wilson, Wolf                                                                              
                                                                                                    
In Memoriam - William Charles Grover, Jr.                                                           
By Senator Taylor; Representatives Wilson, Kott, Anderson,                                          
Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom,                                   
Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker,                                   
Heinze, Holm, Kerttula, Kohring, Kookesh, Lynn, Masek, McGuire,                                     
Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze,                                             
Weyhrauch, Williams, Wolf                                                                           
                                                                                                    
The Speaker stated that, without objection, the House would revert to:                              
                                                                                                    
                       MESSAGES FROM THE SENATE                                                  
                                                                                                    
A message dated May 8, 2003, was read stating the Senate has passed                                 
the following and they are transmitted for consideration:                                           
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                            OF SENATE BILLS                                                      
                                                                                                    
SB 128                                                                                            
CS FOR SENATE BILL NO. 128(FIN) am by the Senate Finance                                            
Committee, entitled:                                                                                
                                                                                                    
    "An Act relating to licensing common carriers to dispense                                       
    alcoholic beverages; and providing for an effective date."                                      
                                                                                                    

2003-05-08                     House Journal                      Page 1473
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
SB 177                                                                                            
SENATE BILL NO. 177 by Senators Ben Stevens, Taylor, Green,                                         
Wilken, Bunde, Cowdery, Dyson, Gary Stevens, Wagoner, Seekins,                                      
Elton, Therriault, and Olson, entitled:                                                             
                                                                                                    
    "An Act relating to cost-of-living benefits for retired members in                              
    the public employees' retirement system and the teachers'                                       
    retirement system who are called to active military duty; and                                   
    providing for an effective date."                                                               
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
HB 32                                                                                             
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    HOUSE BILL NO. 32                                                                               
    "An Act relating to a health insurance uniform prescription drug                                
    information card; and providing for an effective date."                                         
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 32(L&C)                                                                   
    "An Act relating to use of a uniform prescription drug information                              
    card and forms, standards, and procedures in processing health                                  
    insurance claims; and providing for an effective date."                                         
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Gatto, Crawford, Dahlstrom, Anderson                                                  
                                                                                                    
No recommendation (1):  Rokeberg                                                                    
                                                                                                    
Amend (1):  Guttenberg                                                                              
                                                                                                    
The following fiscal note(s) apply to CSHB 32(L&C):                                                 
                                                                                                    

2003-05-08                     House Journal                      Page 1474
1.  Zero, House Labor & Commerce Committee/Dept. of Community                                       
& Economic Development                                                                              
                                                                                                    
HB 32 was referred to the Health, Education & Social Services                                       
Committee.                                                                                          
                                                                                                    
                                                                                                    
HB 157                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
    HOUSE BILL NO. 157                                                                              
    "An Act eliminating the Alaska Public Offices Commission;                                       
    transferring campaign, public official, and lobbying financial                                  
    disclosure record-keeping duties to the division of elections;                                  
    relating to reports, summaries, and documents regarding                                         
    campaign, public official, and lobbying financial disclosure;                                   
    providing for enforcement by the Department of Law; making                                      
    conforming statutory amendments; and providing for an effective                                 
    date."                                                                                          
                                                                                                    
and recommends it be replaced with a forthcoming State Affairs CS.                                  
                                                                                                    
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Seaton, Lynn, Weyhrauch                                                               
                                                                                                    
No recommendation (3):  Holm, Dahlstrom, Gruenberg                                                  
                                                                                                    
Amend (1):  Berkowitz                                                                               
                                                                                                    
The following fiscal note(s) apply to CSHB 157(STA):                                                
                                                                                                    
1.  Zero, Office of the Governor                                                                    
2.  Fiscal, Dept. of Administration                                                                 
3.  Fiscal, Dept. of Administration                                                                 
                                                                                                    
HB 157 was referred to the Judiciary Committee.                                                     
                                                                                                    

2003-05-08                     House Journal                      Page 1475
HB 288                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
    HOUSE BILL NO. 288                                                                              
    "An Act changing the name of the Department of Community and                                    
    Economic Development."                                                                          
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 288(STA)                                                                  
    "An Act changing the name of the Department of Community and                                    
    Economic Development to the Department of Commerce and                                          
    Economic Development."                                                                          
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Dahlstrom, Lynn, Holm                                                                 
                                                                                                    
Do not pass (1):  Berkowitz                                                                         
                                                                                                    
No recommendation (3):  Seaton, Gruenberg, Weyhrauch                                                
                                                                                                    
The following fiscal note(s) apply to CSHB 288(STA):                                                
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
                                                                                                    
HB 288 was referred to the Labor & Commerce Committee.                                              
                                                                                                    
SB 71                                                                                             
The Transportation Committee has considered:                                                        
                                                                                                    
    CS FOR SENATE BILL NO. 71(TRA)                                                                  
    "An Act relating to funding for transportation projects; and                                    
    providing for an effective date."                                                               
                                                                                                    
The report was signed by Representatives Holm and Masek, Co-                                        
chairs, with the following individual recommendations:                                              
                                                                                                    

2003-05-08                     House Journal                      Page 1476
Do pass (2):  Fate, Holm                                                                            
                                                                                                    
No recommendation (2):  Kohring, Masek                                                              
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Transportation & Public Facilities                                               
                                                                                                    
CSSB 71(TRA) was referred to the Finance Committee.                                                 
                                                                                                    
SB 157                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
    CS FOR SENATE BILL NO. 157(HES)                                                                 
    "An Act relating to inpatient psychiatric services for persons who                              
    are under 21 years of age and are either eligible for medical                                   
    assistance or are in the custody of the Department of Health and                                
    Social Services."                                                                               
                                                                                                    
The report was signed by Representative Wilson, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Cissna, Seaton, Wolf, Gatto, Wilson                                                   
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Health & Social Services                                                         
                                                                                                    
CSSB 157(HES) was referred to the Finance Committee.                                                
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                            OF HOUSE BILLS                                                       
                                                                                                    
HB 274                                                                                            
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 274 by                                                        
Representatives Dahlstrom and Crawford, entitled:                                                   
                                                                                                    
    "An Act relating to the hours during which sale of alcohol and                                  
    entry on licensed premises are allowed; and providing for an                                    
    effective date."                                                                                
                                                                                                    

2003-05-08                     House Journal                      Page 1477
was read the first time and referred to the Labor & Commerce and                                    
State Affairs Committees.                                                                           
                                                                                                    
                                                                                                    
HB 310                                                                                            
HOUSE BILL NO. 310 by Representative McGuire, entitled:                                             
                                                                                                    
    "An Act relating to recovery of civil damages by a peace officer or                             
    fire fighter; and providing for an effective date."                                             
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
                                                                                                    
HB 311                                                                                            
HOUSE BILL NO. 311 by the House Labor & Commerce Committee,                                         
entitled:                                                                                           
                                                                                                    
    "An Act requiring a subcontractor to obtain workers'                                            
    compensation insurance covering the subcontractor and the                                       
    subcontractor's employees and establishing responsibility of a                                  
    contractor for obtaining workers' compensation coverage for the                                 
    subcontractor and the subcontractor's employees if the                                          
    subcontractor fails to obtain workers' compensation coverage; and                               
    providing for an effective date."                                                               
                                                                                                    
was read the first time and referred to the Labor & Commerce                                        
Committee.                                                                                          
                                                                                                    
                                                                                                    
HB 312                                                                                            
HOUSE BILL NO. 312 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
    "An Act giving notice of and approving the entry into and the                                   
    issuance of certificates of participation for a lease-purchase                                  
    agreement for a seafood and food safety laboratory facility;                                    
    relating to the use of certain investment income for certain                                    
    construction costs; and providing for an effective date."                                       
                                                                                                    

2003-05-08                     House Journal                      Page 1478
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Environmental Conservation                                                     
                                                                                                    
The Governor's transmittal letter is forthcoming.                                                   
                                                                                                    
HB 313                                                                                            
HOUSE BILL NO. 313 by Representative McGuire, entitled:                                             
                                                                                                    
    "An Act authorizing a pilot program relating to state procurement                               
    and the use of electronic commerce tools; and providing for an                                  
    effective date."                                                                                
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HB 288                                                                                            
The Speaker added a Community & Regional Affairs Committee                                          
referral to follow the Labor & Commerce Committee referral for the                                  
following:                                                                                          
                                                                                                    
    HOUSE BILL NO. 288                                                                              
    "An Act changing the name of the Department of Community and                                    
    Economic Development."                                                                          
                                                                                                    
HB 288 is in the Labor & Commerce Committee.                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following members be excused from a call of the House.  There being                                 
no objection, the members were excused as noted:                                                    
                                                                                                    
Representative Croft - from today to 8:00 a.m., May 12, 2003                                        
                                                                                                    
Representative Joule - from today to 10:00 a.m., May 18, 2003                                       
                                                                                                    

2003-05-08                     House Journal                      Page 1479
Representative Kookesh - from 8:00 a.m., May 12 to 10:30 a.m.,                                      
May 14, 2003                                                                                        
                                                                                                    
HB 157                                                                                            
The Speaker waived the Judiciary Committee referral for the                                         
following at the request of Representative McGuire, Chair:                                          
                                                                                                    
    HOUSE BILL NO. 157                                                                              
    "An Act eliminating the Alaska Public Offices Commission;                                       
    transferring campaign, public official, and lobbying financial                                  
    disclosure record-keeping duties to the division of elections;                                  
    relating to reports, summaries, and documents regarding                                         
    campaign, public official, and lobbying financial disclosure;                                   
    providing for enforcement by the Department of Law; making                                      
    conforming statutory amendments; and providing for an effective                                 
    date."                                                                                          
                                                                                                    
HB 157 was removed from the Judiciary Committee and referred to                                     
the Finance Committee.                                                                              
                                                                                                    
HCR 21                                                                                            
Representatives Chenault, Foster, and Morgan added their names as                                   
cosponsors to:                                                                                      
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 21                                                              
     Relating to establishing the Alaska Energy Policy Task Force.                                 
                                                                                                    
HJR 22                                                                                            
Representative Coghill added his name as first cosponsor to:                                        
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 22                                                                   
    Relating to the USA PATRIOT Act and to defending the Bill of                                    
    Rights, the Constitution of the State of Alaska, and civil liberties.                           
                                                                                                    
HB 205                                                                                            
Representative Heinze added her name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 205                                                                              
    "An Act relating to service in the peace corps as an allowable                                  
    absence from the state for purposes of eligibility for permanent                                

2003-05-08                     House Journal                      Page 1480
    fund dividends and to the period for filing an application for a                                
    permanent fund dividend; authorizing the Department of Revenue                                  
    to issue administrative orders imposing sanctions for certain                                   
    misrepresentations or other actions concerning eligibility for a                                
    permanent fund dividend and providing for administrative appeal                                 
    of those orders; and providing for an effective date."                                          
                                                                                                    
HB 226                                                                                            
Representatives Kerttula, Seaton, Dahlstrom, Masek, Crawford,                                       
Wilson, Gara, and Lynn added their names as cosponsors to:                                          
                                                                                                    
    HOUSE BILL NO. 226 am                                                                           
    "An Act relating to the sale, offer for sale, representation, and                               
    labeling of food or other agricultural products as organic, and to                              
    the state organic certification program; and providing for an                                   
    effective date."                                                                                
                                                                                                    
HB 250                                                                                            
Representatives Samuels and Lynn added their names as cosponsors                                    
to:                                                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 250(FIN)                                                                  
    "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 303                                                                                            
Representatives Gara and Masek added their names as cosponsors to:                                  
                                                                                                    
    HOUSE BILL NO. 303                                                                              
    "An Act relating to youth courts and to the recommended use of                                  
    criminal fines to fund the activities of youth courts; and relating to                          
    accounting for criminal fines."                                                                 
                                                                                                    
SJR 16                                                                                            
Representative Holm added his name as cross sponsor to:                                             
                                                                                                    

2003-05-08                     House Journal                      Page 1481
    SENATE JOINT RESOLUTION NO. 16                                                                  
    Encouraging the federal government to end the federal subsidy of                                
    ethanol, and requesting the Congress of the United States to                                    
    mandate that land currently used to grow corn for the production                                
    of ethanol be returned to its natural state.                                                    
                                                                                                    
SB 155                                                                                            
Representative Morgan added his name as cross sponsor to:                                           
                                                                                                    
    CS FOR SENATE BILL NO. 155(RES)                                                                 
    "An Act relating to predator control programs; and providing for                                
    an effective date."                                                                             
                                                                                                    
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HCR 10                                                                                            
HCR 10 was engrossed, signed by the Speaker and Chief Clerk and                                     
transmitted to the Senate for consideration.                                                        
                                                                                                    
HB 191                                                                                            
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. 191(FIN) am                                                               
    "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."                                                           
                                                                                                    
HB 195                                                                                            
CSHB 195(L&C) am was engrossed, signed by the Speaker and Chief                                     
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HB 250                                                                                            
CSHB 250(FIN) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              

2003-05-08                     House Journal                      Page 1482
                              ENROLLMENT                                                         
                                                                                                    
HCR 7                                                                                             
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 12:05 p.m.,                                
May 8, 2003:                                                                                        
                                                                                                    
             CS FOR HOUSE CONCURRENT RESOLUTION NO. 7(RLS)                                         
    Proposing an amendment to the Uniform Rules of the Alaska State                                 
    Legislature relating to executive sessions of legislative bodies; and                           
    providing for an effective date for the amendment.                                              
                                                                                                    
                                                                                                    
HCR 20                                                                                            
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 12:05 p.m.,                                
May 8, 2003:                                                                                        
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 20                                                              
    Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                  
    the Alaska State Legislature, concerning Senate Bill No. 115,                                   
    relating to correctional industries.                                                            
                                                                                                    
                                                                                                    
HB 159                                                                                            
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 12:05 p.m.,                                
May 8, 2003:                                                                                        
                                                                                                    
    HOUSE BILL NO. 159                                                                              
    "An Act relating to the frequency of examinations of certain                                    
    persons licensed to engage in the business of making loans of                                   
    money, credit, goods, or things in action; repealing the                                        
    requirement for a state examination and evaluation of the Alaska                                
    Commercial Fishing and Agriculture Bank; and providing for an                                   
    effective date."                                                                                
                                                                                                    

2003-05-08                     House Journal                      Page 1483
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., May 9, 2003.  There being no                                        
objection, the House adjourned at 8:10 p.m.                                                         
                                                                                                    
                                           Suzi Lowell                                              
                                           Chief Clerk