Legislature(2003 - 2004)

2003-03-17 House Journal

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2003-03-17                     House Journal                      Page 0557
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
               TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                         
                                                                                                    
Juneau, Alaska                   Monday                 March 17, 2003                            
                                                                                                    
                            Fifty-sixth Day                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 11:07 a.m.                                                                                  
                                                                                                    
Roll call showed 32 members present.  Representatives Anderson,                                     
Crawford, Joule, Kohring, Morgan, and Whitaker had been previously                                  
excused from a call of the House today.  Representative Coghill                                     
moved and asked unanimous consent that Representative Heinze be                                     
excused from a call of the House today.  There being no objection, it                               
was so ordered.  There was one vacancy.                                                             
                                                                                                    
The invocation was offered by the Chaplain, the Reverend Chuck                                      
Jedele of Faith Lutheran Church.  Representative Coghill moved and                                  
asked unanimous consent that the invocation be spread on the journal.                               
There being no objection, it was so ordered.                                                        
                                                                                                    
    With the deepest respect for all religious beliefs, I offer this                                
    prayer.                                                                                         
                                                                                                    
    Before the hills in order stood, or Earth received its frame,                                   
    from everlasting to everlasting, Thou art God to endless years                                  
    the same.                                                                                       
                                                                                                    
    Gracious God, our Heavenly Father, thank You for the                                            
    precious and fragile gift of life; for this day with weighty                                    
    responsibilities entrusted to these elected leaders representing                                
    the people of this great state; and for the opportunities of                                    
    working for justice, righteousness, and peace.  Give them                                       
    keenness of heart and mind; that their ears might hear, their                                   
    eyes see, and that they might have wisdom in the decisions                                      
    they make.  I pray in the Name of Him Who came, not to be                                       
    served, but to serve, Jesus the Christ.  Amen.                                                  

2003-03-17                     House Journal                      Page 0558
The Pledge of Allegiance was led by Representative Rokeberg.                                        
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 53rd, 54th, and 55th legislative days be approved as                                
certified by the Chief Clerk.  There being no objection, it was so                                  
ordered.                                                                                            
                                                                                                    
                               * * * * *                                                         
                                                                                                    
Representative Fate introduced Dabre Newcomb, Guest Page, from                                      
Kenai.                                                                                              
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
HB 159                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    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."                                                                                
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Lynn, Dahlstrom, Anderson                                                             
                                                                                                    
No recommendation (1):  Guttenberg                                                                  
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Community & Economic Development                                               
                                                                                                    
HB 159 was referred to the Finance Committee.                                                       
                                                                                                    

2003-03-17                     House Journal                      Page 0559
HB 160                                                                                            
The Resources Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 160                                                                              
    "An Act relating to the emission control permit program; relating                               
    to fees for that program and to the accounting of receipts                                      
    deposited in the emission control permit receipts account; and                                  
    providing for an effective date."                                                               
                                                                                                    
The report was signed by Representatives Fate and Chenault, Co-                                     
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (5):  Wolf, Lynn, Gatto, Fate, Chenault                                                     
                                                                                                    
No recommendation (2):  Guttenberg, Masek                                                           
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Environmental Conservation                                                     
                                                                                                    
HB 160 was referred to the Finance Committee.                                                       
                                                                                                    
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Shirley Holloway, Ph.D.                                                                  
By Senators Bunde, Guess; Representative Hawker                                                     
                                                                                                    
In Memoriam - Daniel James Gross, Sr.                                                               
By Senator Taylor; Representative Wilson                                                            
                                                                                                    
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                            OF HOUSE BILLS                                                       
                                                                                                    
HB 197                                                                                            
HOUSE BILL NO. 197 by Representative Cissna, entitled:                                              

2003-03-17                     House Journal                      Page 0560
    "An Act relating to intensive family preservation services and                                  
    intensive family reunification services; and providing for an                                   
    effective date."                                                                                
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Finance Committees.                                                                    
                                                                                                    
                                                                                                    
HB 198                                                                                            
HOUSE BILL NO. 198 by Representatives Kohring and Rokeberg,                                         
entitled:                                                                                           
                                                                                                    
    "An Act providing for a reduction of royalty on certain oil                                     
    produced from Cook Inlet submerged land."                                                       
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Oil & Gas and the Resources and Finance Committees.                                                 
                                                                                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 146                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 146                                                                              
    "An Act repealing the termination date of certain provisions that                               
    require the reporting of social security numbers and automated                                  
    data matching with financial institutions for child support                                     
    enforcement purposes; and providing for an effective date."                                     
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 HES RPT CS(HES) NT 6DP 1NR                                           535                           
 FN1: ZERO(REV)                                                       536                           
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    

2003-03-17                     House Journal                      Page 0561
    CS FOR HOUSE BILL NO. 146(HES)                                                                  
    "An Act repealing the termination date of certain provisions that                               
    require the reporting of social security numbers and automated                                  
    data matching with financial institutions for child support                                     
    enforcement purposes; relating to social security numbers on                                    
    applications for commercial fishing licenses; and providing for an                              
    effective date."                                                                                
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 146(HES) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
                                                                                                    
CSHB 146(HES) was read the third time.                                                              
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 146(HES) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 146(HES)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  25   NAYS:  7   EXCUSED:  7   ABSENT:  0   VACANT:  1                                      
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Dahlstrom, Fate, Foster, Gara,                                  
Gruenberg, Guttenberg, Harris, Hawker, Kapsner, Kerttula, Kookesh,                                  
Kott, Lynn, McGuire, Meyer, Moses, Rokeberg, Seaton, Weyhrauch,                                     
Williams, Wilson, Wolf                                                                              
                                                                                                    
Nays:  Coghill, Croft, Gatto, Holm, Masek, Samuels, Stoltze                                         
                                                                                                    
Excused:  Anderson, Crawford, Heinze, Joule, Kohring, Morgan,                                       
Whitaker                                                                                            
                                                                                                    
And so, CSHB 146(HES) passed the House.                                                             
                                                                                                    
Representative Coghill moved the effective date clause.                                             
                                                                                                    

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The question being:  "Shall the effective date clause be adopted?"  The                             
roll was taken with the following result:                                                           
                                                                                                    
CSHB 146(HES)                                                                                       
Third Reading                                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  31   NAYS:  1   EXCUSED:  7   ABSENT:  0   VACANT:  1                                      
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Croft, Dahlstrom, Fate, Foster,                                 
Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kapsner,                                  
Kerttula, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Moses,                                        
Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson,                                    
Wolf                                                                                                
                                                                                                    
Nays:  Coghill                                                                                      
                                                                                                    
Excused:  Anderson, Crawford, Heinze, Joule, Kohring, Morgan,                                       
Whitaker                                                                                            
                                                                                                    
And so, the effective date clause was adopted.                                                      
                                                                                                    
                                                                                                    
CSHB 146(HES) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    
                                                                                                    
                            RECONSIDERATION                                                      
                                                                                                    
HB 140                                                                                            
Representative Berkowitz brought up reconsideration of the vote on                                  
HB 140 (page 544).                                                                                  
                                                                                                    
The following was again before the House in third reading:                                          
                                                                                                    
    HOUSE BILL NO. 140                                                                              
    "An Act relating to benefits for retired teachers or employees who                              
    participated in retirement incentive programs and are subsequently                              
    reemployed as a commissioner; and providing for an effective                                    
    date."                                                                                          
                                                                                                    
                                                                                                    
The question to be reconsidered:  "Shall HB 140 pass the House?"                                    
The roll was taken with the following result:                                                       

2003-03-17                     House Journal                      Page 0563
                                                                                                    
HB 140--RECONSIDERATION                                                                             
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  22   NAYS:  9   EXCUSED:  7   ABSENT:  1   VACANT:  1                                      
                                                                                                    
Yeas:  Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris,                                   
Hawker, Holm, Kott, Lynn, Masek, McGuire, Meyer, Rokeberg,                                          
Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                         
                                                                                                    
Nays:  Berkowitz, Cissna, Gara, Gruenberg, Guttenberg, Kapsner,                                     
Kerttula, Kookesh, Moses                                                                            
                                                                                                    
Excused:  Anderson, Crawford, Heinze, Joule, Kohring, Morgan,                                       
Whitaker                                                                                            
                                                                                                    
Absent:  Croft                                                                                      
                                                                                                    
And so, HB 140 passed the House on reconsideration.                                                 
                                                                                                    
Representative Coghill moved the effective date clause.                                             
                                                                                                    
The question being:  "Shall the effective date clause be adopted?"  The                             
roll was taken with the following result:                                                           
                                                                                                    
HB 140--RECONSIDERATION                                                                             
Third Reading                                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  22   NAYS:  9   EXCUSED:  7   ABSENT:  1   VACANT:  1                                      
                                                                                                    
Yeas:  Chenault, Coghill, Dahlstrom, Fate, Foster, Gatto, Harris,                                   
Hawker, Holm, Kott, Lynn, Masek, McGuire, Meyer, Rokeberg,                                          
Samuels, Seaton, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                         
                                                                                                    
Nays:  Berkowitz, Cissna, Gara, Gruenberg, Guttenberg, Kapsner,                                     
Kerttula, Kookesh, Moses                                                                            
                                                                                                    
Excused:  Anderson, Crawford, Heinze, Joule, Kohring, Morgan,                                       
Whitaker                                                                                            
                                                                                                    
Absent:  Croft                                                                                      
                                                                                                    
And so, lacking the necessary 27 votes, the effective date clause was                               
not adopted and the new title follows:                                                              
                                                                                                    

2003-03-17                     House Journal                      Page 0564
    HOUSE BILL NO. 140(efd fld)                                                                     
    "An Act relating to benefits for retired teachers or employees who                              
    participated in retirement incentive programs and are subsequently                              
    reemployed as a commissioner."                                                                  
                                                                                                    
HB 140(efd fld) was referred to the Chief Clerk for engrossment.                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                              (Continued)                                                          
                                                                                                    
                         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:                             
                                                                                                    
In Memoriam - Ed Naughton                                                                           
By Representatives Cissna, Kott, Anderson, Berkowitz, Chenault,                                     
Coghill, Crawford, Croft, Fate, Foster, Gara, Gatto, Gruenberg,                                     
Guttenberg, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Masek,                                  
McGuire, Meyer, Morgan, Rokeberg, Samuels, Seaton, Stoltze,                                         
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
In Memoriam - Lee O. Reed, Jr.                                                                      
By Senator Davis; Representatives Kott, Anderson, Berkowitz,                                        
Chenault, Cissna, Coghill, Crawford, Croft, Foster, Gara, Gatto,                                    
Gruenberg, Guttenberg, Hawker, Heinze, Holm, Joule, Kapsner,                                        
Kerttula, Masek, McGuire, Meyer, Morgan, Rokeberg, Samuels,                                         
Seaton, Weyhrauch, Williams, Wilson, Wolf                                                           
                                                                                                    
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
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 Crawford - from 7:00 a.m., March 19 to 7:00 p.m.,                                    
March 24, 2003                                                                                      
                                                                                                    

2003-03-17                     House Journal                      Page 0565
Representative Fate - from 7:00 p.m., March 18 to 7:00 p.m.,                                        
March 24, 2003                                                                                      
                                                                                                    
Representative Holm - from 7:00 p.m., March 19 to morning plane                                     
time, March 24, 2003                                                                                
                                                                                                    
Representative Harris - from 2:00 p.m., March 19 to 2:00 p.m.,                                      
March 23, 2003                                                                                      
                                                                                                    
Representative Masek - from 1:00 p.m., March 19 to morning plane                                    
time, March 24, 2003                                                                                
                                                                                                    
Representative Kerttula - from 11:45 a.m. to 1:15 p.m.,                                             
March 19, 2003                                                                                      
                                                                                                    
Representative Wolf - from 1:00 p.m., March 19 to 10:00 a.m.,                                       
March 25, 2003                                                                                      
                                                                                                    
Representative Gatto - from 1:00 p.m., March 19 to 2:00 p.m.,                                       
March 23, 2003                                                                                      
                                                                                                    
Representative Williams - from 1:00 p.m., March 19 to 1:30 p.m.,                                    
March 24, 2003                                                                                      
#                                                                                                   
                                                                                                    
HSCR 1                                                                                            
Representative Croft added his name as cosponsor to:                                                
                                                                                                    
    HOUSE SPECIAL CONCURRENT RESOLUTION NO. 1                                                       
    Disapproving Executive Order No. 107, relating to the transfer of                               
    certain functions of the Department of Fish and Game to the                                     
    Department of Natural Resources and to the transfer of certain                                  
    functions within the Department of Natural Resources.                                           
                                                                                                    
HCR 10                                                                                            
Representative Foster added his name as cosponsor to:                                               
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 10                                                              
    Relating to restoration of riparian habitat that is vital to the                                
    fisheries resources of the state.                                                               
                                                                                                    

2003-03-17                     House Journal                      Page 0566
HCR 11                                                                                            
Representatives Foster, Coghill, and Meyer added their names as                                     
cosponsors to:                                                                                      
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 11                                                              
    Relating to Alaska Salmon Day.                                                                  
                                                                                                    
HJR 4                                                                                             
Representative Croft added his name as cosponsor to:                                                
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 4                                                                    
    Proposing an amendment to the Constitution of the State of                                      
    Alaska relating to the duration of a regular session.                                           
                                                                                                    
HJR 16                                                                                            
Representatives Foster, Seaton, and Wolf added their names as                                       
cosponsors to:                                                                                      
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 16                                                                   
    Expressing confidence in and support for all members of the                                     
    military, their families, and employers of members of the National                              
    Guard.                                                                                          
                                                                                                    
HB 5                                                                                              
Representative Croft added his name as cosponsor to:                                                
                                                                                                    
    HOUSE BILL NO. 5                                                                                
    "An Act prohibiting discrimination by credit rating or credit                                   
   scoring in insurance rates; and providing for an effective date."                               
                                                                                                    
HB 146                                                                                            
Representative Dahlstrom added her name as cosponsor to:                                            
                                                                                                    
    CS FOR HOUSE BILL NO. 146(HES)                                                                  
    "An Act repealing the termination date of certain provisions that                               
    require the reporting of social security numbers and automated                                  
    data matching with financial institutions for child support                                     
    enforcement purposes; relating to social security numbers on                                    
    applications for commercial fishing licenses; and providing for an                              
    effective date."                                                                                
                                                                                                    

2003-03-17                     House Journal                      Page 0567
HB 177                                                                                            
Representatives Dahlstrom and Holm added their names as cosponsors                                  
to:                                                                                                 
                                                                                                    
    SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 177                                                       
    "An Act relating to concealed handguns."                                                        
                                                                                                    
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HB 140                                                                                            
HB 140(efd fld) was engrossed, signed by the Speaker and Chief Clerk                                
and transmitted to the Senate for consideration.                                                    
                                                                                                    
                                                                                                    
HB 146                                                                                            
CSHB 146(HES) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
                                                                                                    
                              ENROLLMENT                                                         
                                                                                                    
HCR 8                                                                                             
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 10:23 a.m.,                                
March 17, 2003:                                                                                     
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 8                                                               
    Requesting the Governor to declare March 16 - 22, 2003, to be                                   
    Inhalants and Poisons Awareness Week.                                                           
                                                                                                    
The following memorandum, dated March 14, 2003, was received                                        
from Patty Rose, Enrolling Secretary, Division of Legal and Research                                
Services:                                                                                           
                                                                                                    
"In accordance with Rule 43, Uniform Rules of the Alaska State                                      
Legislature, I am reporting the following manifest error in HCR 8,                                  
which has been corrected in enrolling:                                                              
                                                                                                    

2003-03-17                     House Journal                      Page 0568
Page 2, line 19:                                                                                    
    Delete "National Inhalant and Poison Awareness Week"                                            
    Insert "National Inhalants and Poisons Awareness Week""                                         
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
Majority Caucus           Speaker's Chamber               upon adj., 3/17                           
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., March 19, 2003.  There being no                                     
objection, the House adjourned at 12:02 p.m.                                                        
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk