Legislature(2003 - 2004)
2003-05-10 House Journal
Full Journal pdf2003-05-10 House Journal Page 1527 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- FIRST SESSION Juneau, Alaska Saturday May 10, 2003 One Hundred Tenth Day Pursuant to adjournment the House was called to order by Speaker Kott at 11:55 a.m. Roll call showed 31 members present. Representatives Croft, Fate, Holm, Joule, and Kapsner had been previously excused from a call of the House today. Representatives Foster, Heinze, Kerttula, and Moses were absent and their presence was noted later. The invocation was offered by the Chaplain, Representative Dahlstrom. Representative Williams moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. With respect to the many beliefs represented today, I offer this prayer. Our Father in heaven, we stand together today grateful for our many blessings, grateful for our health and strength, for our freedom, our families, and for this beautiful state we live in. Heavenly Father, we ask Thee for guidance as we work together in this body. Bless us with clear minds, with the abilities to discern and make good choices. Bless us, Father, as we all come from different backgrounds and experiences, that we will be tolerant of our differences as we each remain true to our convictions. 2003-05-10 House Journal Page 1528 Bless the members of this body who are ill, that their health will be returned to them. Bless the member who gave birth - we are grateful for this miracle. Father, please bless all those who may be hurting mentally or physically, that they may feel comfort from Thee. Bless the men and women who are defending our country. Again we are grateful for our blessings. We are grateful for our lives and ask Thy spirit to be with us this day. This is our prayer in the name of Jesus Christ. Amen. The Pledge of Allegiance was led by Representative Dahlstrom. CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 109th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HCR 7 A message dated May 8, 2003, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: 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. Legislative Resolve No. 16 **The presence of Representative Moses was noted. 2003-05-10 House Journal Page 1529 HCR 11 A message dated May 8, 2003, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE CONCURRENT RESOLUTION NO. 11(FSH) am Relating to Alaska Wild Salmon Week, June 30 - July 4, 2003. Legislative Resolve No. 15 HCR 20 A message dated May 9, 2003, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: 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. Legislative Resolve No. 17 SCR 9 A message dated May 9, 2003, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 9 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 52, relating to the forfeiture of certain property used in certain crimes. Legislative Resolve No. 18 2003-05-10 House Journal Page 1530 SJR 12 A message dated May 8, 2003, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO. 12(FSH) Supporting the halibut by-catch utilization project of the Alaska Food Coalition. Legislative Resolve No. 14 SB 83 A message dated May 9, 2003, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 83 "An Act naming the Sven Haakanson, Sr. Airport at Old Harbor." Chapter No. 18, SLA 2003 Effective Date: August 7, 2003 MESSAGES FROM THE SENATE A message dated May 9, 2003, was read stating the Senate has passed the following and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 210 SENATE BILL NO. 210 by the Senate Labor & Commerce Committee, entitled: "An Act regarding the computation of overtime compensation by employers before June 2, 1999; and providing for an effective date." 2003-05-10 House Journal Page 1531 was read the first time and referred to the Labor & Commerce Committee. REPORTS OF STANDING COMMITTEES The Judiciary Committee has reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: William Granger as a member of the Board of Governors of the Alaska Bar. The report was signed by Representative McGuire, Chair; and Representatives Holm, Gara, Gruenberg, Ogg, and Samuels. HJR 14 The State Affairs Committee has considered: HOUSE JOINT RESOLUTION NO. 14 Relating to urging that the 2006 National Veterans Wheelchair Games be held in Anchorage, Alaska. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 14(STA) Urging that the 2006 National Veterans Wheelchair Games be held in Anchorage, Alaska. The report was signed by Representative Weyhrauch, Chair, with the following individual recommendations: Do pass (6): Seaton, Gruenberg, Holm, Lynn, Dahlstrom, Weyhrauch The following fiscal note(s) apply to CSHJR 14(STA): 1. Zero, House Special Committee on Military & Veterans' Affairs HJR 14 is on today's calendar. 2003-05-10 House Journal Page 1532 HJR 22 The Judiciary Committee has considered: HOUSE JOINT RESOLUTION NO. 22 Relating to the USA PATRIOT Act and to defending the Bill of Rights, the Constitution of the State of Alaska, and civil liberties. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 22(JUD) Relating to the USA PATRIOT Act, the Bill of Rights, the Constitution of the State of Alaska, and the civil liberties, peace, and security of the citizens of our country. The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (7): Samuels, Holm, Gara, Ogg, Gruenberg, Anderson, McGuire The following fiscal note(s) apply to CSHJR 22(JUD): 1. Zero, Dept. of Law HJR 22 was referred to the Rules Committee for placement on the calendar. HJR 24 The State Affairs Committee has considered: HOUSE JOINT RESOLUTION NO. 24 Relating to the Alaska-Yukon Intergovernmental Relations Accord, to annual legislative exchanges, and to continuing intergovernmental work on matters of joint concern and mutual interest. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 24(STA) (same title) 2003-05-10 House Journal Page 1533 The report was signed by Representative Weyhrauch, Chair, with the following individual recommendations: Do pass (7): Seaton, Gruenberg, Holm, Lynn, Dahlstrom, Berkowitz, Weyhrauch The following fiscal note(s) apply to CSHJR 24(STA): 1. Zero, House State Affairs Committee HJR 24 was referred to the Rules Committee for placement on the calendar. HB 260 The Judiciary Committee has considered: HOUSE BILL NO. 260 "An Act relating to immunity for free health care services provided by certain health care providers; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 260(JUD) (same title) The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (6): Holm, Gara, Ogg, Gruenberg, Samuels, McGuire The following fiscal note(s) apply to CSHB 260(JUD): 1. Zero, Dept. of Community & Economic Development HB 260 was referred to the Rules Committee for placement on the calendar. HB 271 The Rules Committee has considered: 2003-05-10 House Journal Page 1534 HOUSE BILL NO. 271 "An Act levying and providing for the collection and administration of an excise tax on passenger vehicle rentals; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 271(FIN) "An Act levying and providing for the collection and administration of excise taxes on the rental of passenger and recreational vehicles usable on highways and vehicular ways; and providing for an effective date." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (1): Kott Do not pass (1): Berkowitz No recommendation (2): Morgan, Coghill Amend (2): McGuire, Rokeberg The following fiscal note(s) apply to CSHB 271(FIN): 2. Fiscal, Dept. of Revenue HB 271 was returned to the Rules Committee for placement on the calendar. **The presence of Representative Foster was noted. HB 288 The Labor & Commerce Committee has considered: HOUSE BILL NO. 288 "An Act changing the name of the Department of Community and Economic Development." 2003-05-10 House Journal Page 1535 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 Lynn, Acting Chair, with the following individual recommendations: Do pass (3): Gatto, Dahlstrom, Lynn No recommendation (1): Rokeberg Amend (2): Crawford, Guttenberg The following fiscal note(s) apply to CSHB 288(STA): 1. Zero, Dept. of Community & Economic Development HB 288 was referred to the Community & Regional Affairs Committee. HB 301 The Transportation Committee has considered: HOUSE BILL NO. 301 "An Act establishing the Knik Arm Bridge and Toll Authority and relating to that authority; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 301(TRA) (same title) The report was signed by Representatives Holm and Masek, Co- chairs, with the following individual recommendations: Do pass (4): Ogg, Kohring, Fate, Masek 2003-05-10 House Journal Page 1536 No recommendation (1): Holm The following fiscal note(s) apply to CSHB 301(TRA): 1. Fiscal, Dept. of Transportation & Public Facilities HB 301 was referred to the Finance Committee. HB 305 The Labor & Commerce Committee has considered: HOUSE BILL NO. 305 "An Act relating to the calculation and payment of unemployment compensation benefits; and providing for an effective date." The report was signed by Representative Anderson, Chair, with the following individual recommendations: Do pass (4): Crawford, Guttenberg, Dahlstrom, Anderson No recommendation (2): Lynn, Rokeberg The following fiscal note(s) apply: 1. Zero, Dept. of Labor & Workforce Development HB 305 was referred to the Finance Committee. SB 142 The Rules Committee has considered: SENATE BILL NO. 142 "An Act designating the Department of Natural Resources as lead agency for resource development projects; making conforming amendments; and providing for an effective date." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: 2003-05-10 House Journal Page 1537 Do pass (5): McGuire, Kott, Morgan, Coghill, Rokeberg Amend (1): Berkowitz The following fiscal note(s) apply: 1. Zero, Dept. of Natural Resources 2. Zero, Dept. of Environmental Conservation SB 142 was returned to the Rules Committee for placement on the calendar. SB 147 The Resources Committee has considered: SENATE BILL NO. 147 "An Act relating to control of nuisance wild animals; and providing for an effective date." The report was signed by Representative Fate, Chair, with the following individual recommendations: Do pass (7): Lynn, Gatto, Morgan, Heinze, Masek, Wolf, Fate No recommendation (1): Cissna The following fiscal note(s) apply: 1. Fiscal, Dept. of Fish & Game SB 147 was referred to the Finance Committee. **The presence of Representative Heinze was noted. SB 155 The Resources Committee has considered: CS FOR SENATE BILL NO. 155(RES) "An Act relating to predator control programs; and providing for an effective date." 2003-05-10 House Journal Page 1538 The report was signed by Representative Fate, Chair, with the following individual recommendations: Do pass (6): Masek, Gatto, Morgan, Wolf, Lynn, Fate Amend (3): Guttenberg, Cissna, Heinze The following fiscal note(s) apply: 1. Zero, Dept. of Fish & Game CSSB 155(RES) was referred to the Community & Regional Affairs Committee. INTRODUCTION OF CITATIONS The following citation was introduced and referred to the Rules Committee for placement on the calendar: Honoring - Hydaburg Boys Claim Alaska State Basketball Title By Representative Kookesh INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 316 HOUSE BILL NO. 316 by Representative Coghill, entitled: "An Act relating to the construction of certain statutes relating to children; relating to the scope of duty and standard of care for persons who provide services to certain children and families; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Labor & Commerce Committees. HB 317 HOUSE BILL NO. 317 by Representatives Coghill, Gruenberg, and McGuire, entitled: 2003-05-10 House Journal Page 1539 "An Act requiring certain businesses to recognize postmark dates as the date of payment." was read the first time and referred to the Labor & Commerce and State Affairs Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 210 The following was read the second time: HOUSE BILL NO. 210 "An Act relating to the Chitina dip net fishery; and providing for an effective date." with the: Journal Page RES RPT CS(RES) 5DP 3AM 815 FN1: ZERO(DNR) 815 FN2: (DFG) 815 FIN RPT CS(RES) 5DP 2DNP 2NR 1491 FN1: ZERO(DNR) 1492 FN3: (DFG) 1492 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. 210(RES) (same title) There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 210(RES) be considered engrossed, advanced to third reading, and placed on final passage. Objection was heard. 2003-05-10 House Journal Page 1540 CSHB 210(RES) will advance to third reading on the May 12, 2003, calendar. HB 232 The following was read the second time: HOUSE BILL NO. 232 "An Act relating to mercury classics; and providing for an effective date." with the: Journal Page L&C RPT 7DP 1151 FN1: ZERO(H.L&C/REV) 1152 FIN RPT 8DP 1492 FN1: ZERO(H.L&C/REV) 1493 Representative Coghill moved and asked unanimous consent that HB 232 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HB 232 was read the third time. The question being: "Shall HB 232 pass the House?" The roll was taken with the following result: HB 232 Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 5 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Croft, Fate, Holm, Joule, Kapsner Absent: Kerttula And so, HB 232 passed the House. 2003-05-10 House Journal Page 1541 Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HB 232 was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS HB 154 The following, which was advanced to third reading from the May 9, 2003, calendar (page 1497), was read the third time: CS FOR HOUSE BILL NO. 154(FIN) "An Act relating to advancement in public schools of children under school age; and providing for an effective date for the Act of July 1, 2004." The question being: "Shall CSHB 154(FIN) pass the House?" The roll was taken with the following result: CSHB 154(FIN) Third Reading Final Passage YEAS: 26 NAYS: 8 EXCUSED: 5 ABSENT: 1 Yeas: Anderson, Chenault, Coghill, Dahlstrom, Foster, Gatto, Harris, Hawker, Heinze, Kohring, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Nays: Berkowitz, Cissna, Crawford, Gara, Gruenberg, Guttenberg, Kookesh, Moses Excused: Croft, Fate, Holm, Joule, Kapsner Absent: Kerttula And so, CSHB 154(FIN) passed the House. Representative Coghill moved that the effective date clause be adopted. 2003-05-10 House Journal Page 1542 The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 154(FIN) Third Reading Effective Date YEAS: 34 NAYS: 0 EXCUSED: 5 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Croft, Fate, Holm, Joule, Kapsner Absent: Kerttula And so, the effective date clause was adopted. CSHB 154(FIN) was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS HJR 14 The following was read the second time: HOUSE JOINT RESOLUTION NO. 14 Relating to urging that the 2006 National Veterans Wheelchair Games be held in Anchorage, Alaska. with the: Journal Page MLV RPT 5DP 1272 FN1: ZERO(H.MLV) 1272 STA RPT CS(STA) NT 6DP 1531 FN1: ZERO(H.MLV) 1531 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: 2003-05-10 House Journal Page 1543 CS FOR HOUSE JOINT RESOLUTION NO. 14(STA) Urging that the 2006 National Veterans Wheelchair Games be held in Anchorage, Alaska. There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHJR 14(STA) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHJR 14(STA) was read the third time. The question being: "Shall CSHJR 14(STA) pass the House?" The roll was taken with the following result: CSHJR 14(STA) Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 5 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Croft, Fate, Holm, Joule, Kapsner Absent: Kerttula And so, CSHJR 14(STA) passed the House and was referred to the Chief Clerk for engrossment. HCR 21 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 21 Relating to establishing the Alaska Energy Policy Task Force. 2003-05-10 House Journal Page 1544 with the: Journal Page FIN RPT CS(FIN) 7DP 1490 FN1: (LEG) 1491 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE CONCURRENT RESOLUTION NO. 21(FIN) (same title) There being no objection, it was so ordered. **The presence of Representative Kerttula was noted. The question being: "Shall CSHCR 21(FIN) pass the House?" The roll was taken with the following result: CSHCR 21(FIN) Second Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 5 ABSENT: 1 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Croft, Fate, Holm, Joule, Kapsner Absent: Moses And so, CSHCR 21(FIN) passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE RESOLUTIONS SJR 17 The following was read the second time: 2003-05-10 House Journal Page 1545 SENATE JOINT RESOLUTION NO. 17 Relating to the Alaska-Yukon Intergovernmental Relations Accord, to annual legislative exchanges, and to continuing intergovernmental work on matters of joint concern and mutual interest. with the: Journal Page STA RPT 4DP 1351 FN1: ZERO(S.STA) 1352 Representative Coghill moved and asked unanimous consent that SJR 17 be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. SJR 17 was read the third time. Representative Stoltze moved and asked unanimous consent that Representative Gruenberg be shown as first cross sponsor of the resolution. There being no objection, it was so ordered. The question being: "Shall SJR 17 pass the House?" The roll was taken with the following result: SJR 17 Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 5 ABSENT: 2 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf Excused: Croft, Fate, Holm, Joule, Kapsner Absent: Morgan, Moses And so, SJR 17 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. 2003-05-10 House Journal Page 1546 UNFINISHED BUSINESS HCR 21 Representatives Lynn, Cissna, Wilson, Dahlstrom, Guttenberg, Crawford, Gara, and Berkowitz added their names as cosponsors to: CS FOR HOUSE CONCURRENT RESOLUTION NO. 21(FIN) Relating to establishing the Alaska Energy Policy Task Force. HJR 14 Representatives Wilson, Samuels, Cissna, Meyer, and Anderson added their names as cosponsors to: CS FOR HOUSE JOINT RESOLUTION NO. 14(STA) Urging that the 2006 National Veterans Wheelchair Games be held in Anchorage, Alaska. HB 210 Representative Dahlstrom added her name as cosponsor to: CS FOR HOUSE BILL NO. 210(RES) "An Act relating to the Chitina dip net fishery; and providing for an effective date." HB 232 Representative Lynn added his name as cosponsor to: HOUSE BILL NO. 232 "An Act relating to mercury classics; and providing for an effective date." SJR 17 Representatives Lynn, Coghill, and Rokeberg added their names as cross sponsors to: SENATE JOINT RESOLUTION NO. 17 Relating to the Alaska-Yukon Intergovernmental Relations Accord, to annual legislative exchanges, and to continuing intergovernmental work on matters of joint concern and mutual interest. 2003-05-10 House Journal Page 1547 ENGROSSMENT HCR 21 CSHCR 21(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HJR 14 CSHJR 14(STA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 154 CSHB 154(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 232 HB 232 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 11:00 a.m., May 12, 2003. There being no objection, the House adjourned at 12:54 p.m. Suzi Lowell Chief Clerk