Legislature(2003 - 2004)

2003-04-02 House Journal

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2003-04-02                     House Journal                      Page 0727
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
               TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                         
                                                                                                    
Juneau, Alaska                 Wednesday                  April 2, 2003                           
                                                                                                    
                          Seventy-second Day                                                   
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 10:05 a.m.                                                                                  
                                                                                                    
Roll call showed 40 members present.                                                                
                                                                                                    
                                                                                                    
The invocation was offered by the Chaplain, David Parish of the Tee                                 
Harbor Baha'i Community.  Representative Coghill moved and asked                                    
unanimous consent that the invocation be spread on the journal.  There                              
being no objection, it was so ordered.                                                              
                                                                                                    
    O Thou kind Lord! This gathering is turning to Thee.  These                                     
    hearts are radiant with Thy love.  These minds and spirits are                                  
    exhilarated by the message of Thy glad-tidings.  O God!  Let                                    
    this American democracy become glorious in spiritual degrees                                    
    even as it has aspired to material degrees, and render this just                                
    government victorious.  Confirm this revered nation to upraise                                  
    the standard of the oneness of humanity, to promulgate the                                      
    Most Great Peace, to become thereby most glorious and                                           
    praiseworthy among all the nations of the world.  O God!                                        
    This American nation is worthy of Thy favors and is                                             
    deserving of Thy mercy.  Make it precious and near to Thee                                      
    through Thy bounty and bestowal.                                                                
                                                                                                    
    - Abdu'l-Baha'i                                                                                 
    (Baha'i Prayers, p. 24)                                                                         
                                                                                                    
                                                                                                    
The Pledge of Allegiance was led by Representative Williams.                                        

2003-04-02                     House Journal                      Page 0728
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 70th and 71st legislative days be approved as certified                             
by the Chief Clerk.  There being no objection, it was so ordered.                                   
                                                                                                    
                      MESSAGES FROM THE GOVERNOR                                                 
                                                                                                    
A Declaration of Disaster Emergency dated March 28, 2003, with an                                   
accompanying letter was received and is on file in the Chief Clerk's                                
office.  The Declaration and letter had been copied to the Finance                                  
Committee.                                                                                          
                                                                                                    
                       MESSAGES FROM THE SENATE                                                  
                                                                                                    
SB 78                                                                                             
A message dated March 31, 2003, was read stating the Senate has                                     
concurred in the House amendment to SB 78, thus adopting:                                           
                                                                                                    
    SENATE BILL NO. 78 am H                                                                         
    "An Act relating to an optional group of persons eligible for                                   
    medical assistance who require treatment for breast and cervical                                
    cancer; relating to cost sharing by those recipients under the                                  
    medical assistance program; and providing for an effective date."                               
                                                                                                    
                                                                                                    
A message dated March 31, 2003, was read stating the Senate has                                     
passed the following and they are transmitted for consideration:                                    
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                         OF SENATE RESOLUTIONS                                                   
                                                                                                    
SJR 5                                                                                             
CS FOR SENATE JOINT RESOLUTION NO. 5(STA) by the Senate                                             
State Affairs Committee:                                                                            
                                                                                                    
    Urging the President of the United States and the Congress to act                               
    to ensure that federal agencies do not retain records relating to                               
    lawful purchase or ownership of firearms gathered through the                                   
    Brady Handgun Bill instant check system.                                                        
                                                                                                    

2003-04-02                     House Journal                      Page 0729
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                            OF SENATE BILLS                                                      
                                                                                                    
SB 25                                                                                             
CS FOR SENATE BILL NO. 25(FIN) by the Senate Finance                                                
Committee, entitled:                                                                                
                                                                                                    
    "An Act relating to the acquisition of teachers' housing by                                     
    regional educational attendance areas and to teachers' housing                                  
    loan programs in the Alaska Housing Finance Corporation; and                                    
    providing for an effective date."                                                               
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Finance Committees.                                                                    
                                                                                                    
                            COMMUNICATIONS                                                       
                                                                                                    
Letters of disclosure, as required by AS 24.60, were published in                                   
House Journal Supplement No. 3 and House and Senate Joint Journal                                   
Supplement No. 8.                                                                                   
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
HB 18                                                                                             
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 18                                                                               
    "An Act relating to the liability of parents and legal guardians of                             
    minors who destroy property."                                                                   
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 18(JUD)                                                                   
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    

2003-04-02                     House Journal                      Page 0730
Do pass (4):  Ogg, Holm, Samuels, McGuire                                                           
                                                                                                    
Amend (1):  Gara                                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 18(JUD):                                                 
                                                                                                    
1.  Zero, Alaska Court System                                                                       
                                                                                                    
HB 18 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
HB 93                                                                                             
The Transportation Committee has considered:                                                        
                                                                                                    
    HOUSE BILL NO. 93                                                                               
    "An Act relating to boating safety; repealing secs. 3, 5, 7, 9, 11,                             
    14, 16, 18, 20, 23, 26, 27, and 30, ch. 28, SLA 2000; and                                       
    providing for an effective date."                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 93(TRA)                                                                   
    "An Act relating to boating safety, registration, and numbering;                                
    repealing secs. 3, 5, 7, 9, 11, 14, 16, 18, 20, 23, 26, 27, and 30, ch.                         
    28, SLA 2000; and providing for an effective date."                                             
                                                                                                    
The report was signed by Representatives Masek and Holm, Co-                                        
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (1):  Holm                                                                                  
                                                                                                    
Do not pass (2):  Kohring, Masek                                                                    
                                                                                                    
No recommendation (2):  Ogg, Fate                                                                   
                                                                                                    
The following fiscal note(s) apply to CSHB 93(TRA):                                                 
                                                                                                    
1.  Zero, Dept. of Natural Resources                                                                
                                                                                                    
HB 93 was referred to the State Affairs Committee.                                                  
                                                                                                    

2003-04-02                     House Journal                      Page 0731
HB 142                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
    HOUSE BILL NO. 142                                                                              
    "An Act relating to provider responsibility for ocular                                          
    postoperative care; and providing for an effective date."                                       
                                                                                                    
The report was signed by Representative Wilson, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Cissna, Wilson                                                                        
                                                                                                    
No recommendation (4):  Seaton, Coghill, Wolf, Gatto                                                
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
HB 142 was referred to the Finance Committee.                                                       
                                                                                                    
                                                                                                    
HB 152                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 152                                                                              
    "An Act relating to payment rates under the Medicaid program for                                
    health facilities and to budgeting, accounting, and reporting                                   
    requirements for those facilities; abolishing the Medicaid Rate                                 
    Advisory Commission; and providing for an effective date."                                      
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (6):  Hawker, Stoltze, Moses, Whitaker, Harris, Williams                                    
                                                                                                    
No recommendation (2):  Croft, Joule                                                                
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Health & Social Services                                                       
                                                                                                    

2003-04-02                     House Journal                      Page 0732
HB 152 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 153                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 153                                                                              
    "An Act repealing the statute that sets priorities for the                                      
    Department of Health and Social Services to apply to                                            
    administration of the medical assistance program when there are                                 
    insufficient funds allocated in the state budget for that program;                              
    authorizing the department to make cost containment decisions                                   
    that may include decisions about eligibility of persons and                                     
    availability of services under the medical assistance program; and                              
    providing for an effective date."                                                               
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (6):  Hawker, Stoltze, Moses, Whitaker, Harris, Williams                                    
                                                                                                    
No recommendation (2):  Joule, Croft                                                                
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Health & Social Services                                                         
                                                                                                    
HB 153 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 164                                                                                            
The Labor & Commerce Committee has considered:                                                      
                                                                                                    
    HOUSE BILL NO. 164                                                                              
    "An Act relating to the state's sovereign immunity for certain                                  
    actions regarding injury, illness, or death of state-employed                                   
    seamen and to workers' compensation coverage for those seamen;                                  
    and providing for an effective date."                                                           
                                                                                                    

2003-04-02                     House Journal                      Page 0733
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  Rokeberg                                                                              
                                                                                                    
No recommendation (5):  Lynn, Gatto, Crawford, Guttenberg,                                          
Anderson                                                                                            
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Administration                                                                   
2.  Fiscal, Dept. of Labor & Workforce Development                                                  
                                                                                                    
HB 164 was referred to the Judiciary Committee.                                                     
                                                                                                    
HB 171                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
    HOUSE BILL NO. 171                                                                              
    "An Act repealing the charter school grant program; and providing                               
    for an effective date."                                                                         
                                                                                                    
The report was signed by Representative Wilson, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Cissna, Seaton, Coghill, Wolf, Gatto, Wilson                                          
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Education & Early Development                                                  
                                                                                                    
HB 171 was referred to the Finance Committee.                                                       
                                                                                                    
HB 172                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 172                                                                              
    "An Act relating to eligibility requirements for medical assistance                             
    for certain children, pregnant women, and persons in a medical or                               
   intermediate care facility; and providing for an effective date."                               
                                                                                                    

2003-04-02                     House Journal                      Page 0734
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 172(FIN)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representatives Harris and Williams, Co-                                   
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (8):  Meyer, Hawker, Stoltze, Chenault, Whitaker, Foster,                                   
Harris, Williams                                                                                    
                                                                                                    
Do not pass (2):  Joule, Croft                                                                      
                                                                                                    
The following fiscal note(s) apply to CSHB 172(FIN):                                                
                                                                                                    
1.  Fiscal, Dept. of Health & Social Services                                                       
                                                                                                    
HB 172 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 177                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
    SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 177                                                       
    "An Act relating to concealed handguns."                                                        
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                    
    177(STA)                                                                                        
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Lynn, Dahlstrom, Weyhrauch                                                            
                                                                                                    
No recommendation (3):  Seaton, Gruenberg, Holm                                                     
                                                                                                    

2003-04-02                     House Journal                      Page 0735
The following fiscal note(s) apply to CSSSHB 177(STA):                                              
                                                                                                    
1.  Zero, Dept. of Law                                                                              
                                                                                                    
SSHB 177 was referred to the Judiciary Committee.                                                   
                                                                                                    
HB 194                                                                                            
The Community & Regional Affairs Committee has considered:                                          
                                                                                                    
    HOUSE BILL NO. 194                                                                              
    "An Act creating a tax credit under the Alaska Net Income Tax                                   
    Act for contributions to regional development organizations; and                                
    providing for an effective date."                                                               
                                                                                                    
The report was signed by Representative Morgan, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Anderson, Morgan                                                                      
                                                                                                    
No recommendation (5):  Kott, Samuels, Wolf, Kookesh, Cissna                                        
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
2.  Zero, Dept. of Revenue                                                                          
                                                                                                    
HB 194 was referred to the Labor & Commerce Committee.                                              
                                                                                                    
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
SJR 7                                                                                             
The House Special Committee on Economic Development,                                                
International Trade, & Tourism has considered:                                                      
                                                                                                    
    SENATE JOINT RESOLUTION NO. 7                                                                   
    Expressing support for Vancouver, British Columbia's, bid for the                               
    2010 Olympic Winter Games and the Paralympic Winter Games.                                      
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    

2003-04-02                     House Journal                      Page 0736
    HOUSE CS FOR SENATE JOINT RESOLUTION NO. 7(EDT)                                                 
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Heinze, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Cissna, Kott, Kohring, McGuire, Crawford, Heinze                                      
                                                                                                    
The following fiscal note(s) apply to HCS SJR 7(EDT):                                               
                                                                                                    
1.  Zero, Legislative Agency                                                                        
                                                                                                    
SJR 7 was referred to the State Affairs Committee.                                                  
                                                                                                    
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Tribute to the Hunter, Robert Aiken, Sr., Sakkaaluk                                                 
By Representative Joule; Senator Olson                                                              
                                                                                                    
Honoring - Mary and Joe Jensen, 50th Wedding Anniversary                                            
By Representative Ogg                                                                               
                                                                                                    
Commemorating - National Day of Prayer and Alaska Day of Prayer,                                    
May 1, 2003                                                                                         
By Senator Therriault; Representative Kott                                                          
                                                                                                    
                                                                                                    
The following citation was introduced and taken up later as a Special                               
Order of Business:                                                                                  
                                                                                                    
                                                                                                    
Honoring - The People of Mekoryuk and the Qusngim Kevgia -                                          
Reindeer Messenger Festival                                                                         
By Representative Kapsner; Senator Hoffman                                                          
                                                                                                    

2003-04-02                     House Journal                      Page 0737
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                         OF HOUSE RESOLUTIONS                                                    
                                                                                                    
HCR 15                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 15 by Representative                                                
Croft:                                                                                              
                                                                                                    
    Proposing amendments to the Uniform Rules of the Alaska State                                   
    Legislature relating to the introduction of measures; and providing                             
    for an effective date for the amendments.                                                       
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
                                                                                                    
HJR 21                                                                                            
HOUSE JOINT RESOLUTION NO. 21 by Representative Kohring:                                            
                                                                                                    
    Proposing an amendment to the Constitution of the State of                                      
    Alaska prohibiting the imposition of state personal income taxes                                
    and state retail sales taxes without approval of the voters of the                              
    state.                                                                                          
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Ways & Means and the Judiciary and Finance Committees.                                              
                                                                                                    
                                                                                                    
HJR 22                                                                                            
HOUSE JOINT RESOLUTION NO. 22 by Representative                                                     
Guttenberg:                                                                                         
                                                                                                    
    Relating to the USA PATRIOT Act and to defending the Bill of                                    
    Rights, the Constitution of the State of Alaska, and civil liberties.                           
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
                                                                                                    

2003-04-02                     House Journal                      Page 0738
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                            OF HOUSE BILLS                                                       
                                                                                                    
HB 86                                                                                             
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 86 by                                                         
Representatives Fate and Wolf, entitled:                                                            
                                                                                                    
    "An Act relating to permits issued by the state; and amending                                   
    Rules 65, 79, and 82, Alaska Rules of Civil Procedure."                                         
                                                                                                    
was read the first time and referred to the Resources and Judiciary                                 
Committees.                                                                                         
                                                                                                    
                                                                                                    
HB 231                                                                                            
HOUSE BILL NO. 231 by Representative Harris, entitled:                                              
                                                                                                    
    "An Act relating to termination of the parental rights of a person                              
    who owes substantial child support arrearages."                                                 
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services, Judiciary, and Finance Committees.                                                        
                                                                                                    
                                                                                                    
HB 232                                                                                            
HOUSE BILL NO. 232 by Representative Seaton, entitled:                                              
                                                                                                    
    "An Act relating to mercury classics; and providing for an                                      
    effective date."                                                                                
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    
                                                                                                    
HB 233                                                                                            
HOUSE BILL NO. 233 by Representative Wilson, entitled:                                              
                                                                                                    
    "An Act relating to the base student allocation used in the formula                             
    for state funding of public education; and providing for an                                     
    effective date."                                                                                
                                                                                                    

2003-04-02                     House Journal                      Page 0739
was read the first time and referred to the House Special Committee on                              
Education and the Health, Education & Social Services and Finance                                   
Committees.                                                                                         
                                                                                                    
HB 234                                                                                            
HOUSE BILL NO. 234 by Representatives McGuire and Crawford,                                         
entitled:                                                                                           
                                                                                                    
    "An Act relating to brewpubs, and continuing the existence of the                               
    Alcoholic Beverage Control Board; and providing for an effective                                
    date."                                                                                          
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    
HB 235                                                                                            
HOUSE BILL NO. 235 by Representative Weyhrauch, entitled:                                           
                                                                                                    
    "An Act relating to the Alaska Railroad; authorizing the Alaska                                 
    Railroad Corporation to provide for the acquisition, construction,                              
    improvement, maintenance, equipping, and operation of facilities                                
    for the transportation and distribution of natural gas, propane air,                            
    and manufactured gas within and outside the state; authorizing the                              
    Alaska Railroad Corporation to issue bonds to finance certain                                   
    public utility service facilities; and providing for an effective                               
    date."                                                                                          
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Oil & Gas and the Resources and Finance Committees.                                                 
                                                                                                    
HB 236                                                                                            
HOUSE BILL NO. 236 by Representative Wilson, entitled:                                              
                                                                                                    
    "An Act imposing a tax on employment; and providing for an                                      
    effective date."                                                                                
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Ways & Means and the Finance Committee.                                                             
                                                                                                    

2003-04-02                     House Journal                      Page 0740
HB 237                                                                                            
HOUSE BILL NO. 237 by Representative Croft, entitled:                                               
                                                                                                    
    "An Act relating to introduction of measures in the legislature; and                            
    providing for an effective date."                                                               
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
                                                                                                    
HB 238                                                                                            
HOUSE BILL NO. 238 by Representatives Kohring and Foster,                                           
entitled:                                                                                           
                                                                                                    
    "An Act merging the Department of Environmental Conservation                                    
    and the Department of Natural Resources and naming the resulting                                
    entity the Department of Natural Resources and Conservation; and                                
    providing for an effective date."                                                               
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Ways & Means and the State Affairs, Resources, and Finance                                          
Committees.                                                                                         
                                                                                                    
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 34                                                                                             
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 34                                                                               
    "An Act relating to negotiated regulation making; and providing                                 
    for an effective date."                                                                         
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 JUD RPT 5DP 2NR                                                    601                             
 FN1: ZERO(GOV)                                                     602                             
 FN2: ZERO(REV)                                                     602                             
                                                                                                    

2003-04-02                     House Journal                      Page 0741
Representative Coghill moved and asked unanimous consent that                                       
HB 34 be considered engrossed, advanced to third reading, and placed                                
on final passage.  There being no objection, it was so ordered.                                     
                                                                                                    
HB 34 was read the third time.                                                                      
                                                                                                    
The question being:  "Shall HB 34 pass the House?"  The roll was                                    
taken with the following result:                                                                    
                                                                                                    
HB 34                                                                                               
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  0   ABSENT:  4                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                 
Hawker, Heinze, Holm, Joule, Kerttula, Kohring, Kookesh, Kott,                                      
Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Samuels, Seaton,                                          
Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf                                                
                                                                                                    
Absent:  Foster, Kapsner, Moses, Rokeberg                                                           
                                                                                                    
And so, HB 34 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.                                
                                                                                                    
HB 34 was referred to the Chief Clerk for engrossment.                                              
                                                                                                    
HB 104                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 104                                                                              
    "An Act relating to payment of the fisheries business tax and to                                
    security for collection of the fisheries business tax."                                         
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 FSH RPT CS(FSH) 5DP                                                466                             
 FN1: (REV)                                                         466                             

2003-04-02                     House Journal                      Page 0742
 RES REFERRAL WAIVED                                                546                             
 FIN RPT CS(FSH) 5DP 4NR                                            634                             
 FN2: (REV)                                                         634                             
                                                                                                    
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. 104(FSH)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 104(FSH) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 104(FSH) was read the third time.                                                              
                                                                                                    
Representative Weyhrauch moved and asked unanimous consent that                                     
he be allowed to abstain from voting because of a conflict of interest.                             
Objection was heard, and Representative Weyhrauch was required to                                   
vote.                                                                                               
                                                                                                    
The question being:  "Shall CSHB 104(FSH) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 104(FSH)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  40   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring,                                    
Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg,                                     
Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams,                                  
Wilson, Wolf                                                                                        
                                                                                                    
And so, CSHB 104(FSH) passed the House and was referred to the                                      
Chief Clerk for engrossment.                                                                        
                                                                                                    

2003-04-02                     House Journal                      Page 0743
HB 114                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 114                                                                              
    "An Act relating to the issuance of a search warrant."                                          
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 JUD RPT CS(JUD) 5DP 1NR                                            614                             
 FN1: ZERO(COR)                                                     615                             
 FN2: ZERO(CRT)                                                     615                             
 FN3: ZERO(LAW)                                                     615                             
 FN4: ZERO(DPS)                                                     615                             
                                                                                                    
                                                                                                    
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. 114(JUD)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Amendment No. 1 (title amendment) was offered by Representatives                                    
Gruenberg and McGuire:                                                                              
                                                                                                    
Page 1, line 1, following "warrant":                                                              
 Insert "upon the sworn testimony or affidavit of a person                                        
communicated by telephone, other appropriate means, or                                            
facsimile machine"                                                                                
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
                                                                                                    
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                

2003-04-02                     House Journal                      Page 0744
                                                                                                    
CSHB 114(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 1 (title amendment)                                                                   
                                                                                                    
YEAS:  31   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate,                                
Gara, Gatto, Gruenberg, Guttenberg, Hawker, Heinze, Holm, Joule,                                    
Kapsner, Kerttula, Kookesh, Lynn, McGuire, Morgan, Moses, Ogg,                                      
Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson,                                    
Wolf                                                                                                
                                                                                                    
Nays:  Anderson, Chenault, Foster, Harris, Kohring, Kott, Masek,                                    
Meyer, Rokeberg                                                                                     
                                                                                                    
And so, Amendment No. 1 was adopted and the new title follows:                                      
                                                                                                    
                                                                                                    
    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."                                      
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 114(JUD)(title am) be considered engrossed, advanced to third                                  
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
                                                                                                    
CSHB 114(JUD)(title am) was read the third time.                                                    
                                                                                                    
                                                                                                    
The question being:  "Shall CSHB 114(JUD)(title am) pass the                                        
House?"  The roll was taken with the following result:                                              
                                                                                                    
CSHB 114(JUD)(title am)                                                                             
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  40   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    

2003-04-02                     House Journal                      Page 0745
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg,                                 
Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring,                                    
Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg,                                     
Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams,                                  
Wilson, Wolf                                                                                        
                                                                                                    
And so, CSHB 114(JUD)(title am) passed the House and was referred                                   
to the Chief Clerk for engrossment.                                                                 
                                                                                                    
HB 135                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 135                                                                              
    "An Act relating to marital and family therapists."                                             
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 L&C RPT 5DP 1AM                                                    464                             
 FN1: ZERO(CED)                                                     464                             
 HES RPT CS(HES) 7DP                                                534                             
 FN1: ZERO(CED)                                                     535                             
                                                                                                    
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. 135(HES)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 135(HES) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
                                                                                                    
CSHB 135(HES) was read the third time.                                                              
                                                                                                    

2003-04-02                     House Journal                      Page 0746
The question being:  "Shall CSHB 135(HES) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 135(HES)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  39   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Harris,                                     
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                   
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                    
Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson,                                    
Wolf                                                                                                
                                                                                                    
Absent:  Guttenberg                                                                                 
                                                                                                    
And so, CSHB 135(HES) 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:                             
                                                                                                    
Honoring - Thomas R. Schroeder                                                                      
By Senators Gary Stevens, Cowdery; Representatives Seaton, Kott,                                    
Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Fate, Gara,                                  
Gatto, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula,                                  
Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Stoltze,                                     
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    
In Memoriam - Ronald Egon Beck                                                                      
By Senator Therriault; Representatives Harris, Kott, Anderson,                                      
Berkowitz, Cissna, Coghill, Crawford, Croft, Fate, Foster, Gara, Gatto,                             
Guttenberg, Hawker, Holm, Joule, Kapsner, Kerttula, Masek,                                          
McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze,                                    
Weyhrauch, Williams, Wilson, Wolf                                                                   
                                                                                                    

2003-04-02                     House Journal                      Page 0747
                          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 Anderson - from 7:00 p.m., April 4 to 11:00 p.m.,                                    
April 6, 2003                                                                                       
                                                                                                    
Representative Chenault - from 8:00 p.m., April 3 to 8:00 a.m.,                                     
April 5, 2003                                                                                       
                                                                                                    
Representative Dahlstrom - from 9:00 a.m., April 4 to evening plane                                 
time, April 6, 2003                                                                                 
                                                                                                    
Representative Holm - from 7:00 p.m., April 4 to morning plane time,                                
April 7, 2003                                                                                       
                                                                                                    
Representative Kohring - from 1:00 p.m., April 4 to 10:00 p.m.,                                     
April 7, 2003                                                                                       
                                                                                                    
Representative Rokeberg - from noon, April 4 to morning plane time,                                 
April 7, 2003                                                                                       
                                                                                                    
Representative Gruenberg - from 7:00 a.m., April 5 to 10:00 p.m.,                                   
April 6, 2003                                                                                       
                                                                                                    
HB 174                                                                                            
The Speaker added a State Affairs Committee referral to precede the                                 
Finance Committee referral for the following:                                                       
                                                                                                    
    HOUSE BILL NO. 174                                                                              
    "An Act relating to the state centralized correspondence study                                  
    program, to funding for educational programs that occur primarily                               
    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."                                         
                                                                                                    
HB 174 was removed from the Finance Committee and referred to the                                   
State Affairs Committee.                                                                            
                                                                                                    

2003-04-02                     House Journal                      Page 0748
SB 71                                                                                             
The Speaker added a Finance Committee referral to follow the                                        
Transportation Committee referral for the following:                                                
                                                                                                    
    CS FOR SENATE BILL NO. 71(TRA)                                                                  
    "An Act relating to funding for transportation projects; and                                    
    providing for an effective date."                                                               
                                                                                                    
CSSB 71(TRA) is in the Transportation Committee.                                                    
                                                                                                    
HB 219                                                                                            
The Speaker added a Judiciary Committee referral to follow the Labor                                
& Commerce Committee referral for the following:                                                    
                                                                                                    
    HOUSE BILL NO. 219                                                                              
    "An Act relating to cigarette sales."                                                           
                                                                                                    
HB 219 is in the Labor & Commerce Committee.                                                        
                                                                                                    
HR 6                                                                                              
Pursuant to:                                                                                        
                                                                                                    
    HOUSE RESOLUTION NO. 6                                                                          
       Establishing a House Special Committee on Ways and Means.                                   
                                                                                                    
The Speaker appointed the following members:                                                        
                                                                                                    
Representative Whitaker, Co-chair Representative Hawker, Co-chair                                   
Representative Heinze                 Representative Wilson                                         
Representative Kohring                Representative Gruenberg                                      
Representative Rokeberg               Representative Moses                                          
Representative Weyhrauch                                                                            
                                                                                                    
                       SPECIAL ORDER OF BUSINESS                                                 
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
notice and publication requirements be waived and the citation,                                     
Honoring - The People of Mekoryuk and the Qusngim Kevgia -                                          
Reindeer Messenger Festival, be taken up as a Special Order of                                      
Business at this time.  There being no objection, it was so ordered.                                
                                                                                                    

2003-04-02                     House Journal                      Page 0749
Representative Coghill moved and asked unanimous consent that the                                   
House approve the citation.  There being no objection, the following                                
citation was approved and sent to enrolling:                                                        
                                                                                                    
Honoring - The People of Mekoryuk and the Qusngim Kevgia -                                          
Reindeer Messenger Festival                                                                         
By Representatives Kapsner, Kott, Anderson, Berkowitz, Chenault,                                    
Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gruenberg,                                       
Guttenberg, Harris, Hawker, Holm, Joule, Kerttula, Kohring,                                         
Kookesh, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                        
Samuels, Seaton, Weyhrauch, Williams, Wilson, Wolf; Senator                                         
Hoffman                                                                                             
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HSCR 1                                                                                            
Representative Kerttula added her 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 Morgan 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.                                                               
                                                                                                    
HCR 11                                                                                            
Representatives Ogg and Harris added their names as cosponsors to:                                  
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 11                                                              
    Relating to Alaska Salmon Day.                                                                  
                                                                                                    
HB 25                                                                                             
Representative Ogg added his name as cosponsor to:                                                  
                                                                                                    

2003-04-02                     House Journal                      Page 0750
    HOUSE BILL NO. 25                                                                               
    "An Act relating to health care decisions, including do not                                     
    resuscitate orders and the donation of body parts, and to powers of                             
    attorney relating to health care, including the donation of body                                
    parts; and providing for an effective date."                                                    
                                                                                                    
HB 34                                                                                             
Representative Lynn added his name as cosponsor to:                                                 
                                                                                                    
    HOUSE BILL NO. 34                                                                               
    "An Act relating to negotiated regulation making; and providing                                 
    for an effective date."                                                                         
                                                                                                    
HB 93                                                                                             
Representative Ogg added his name as cosponsor to:                                                  
                                                                                                    
    HOUSE BILL NO. 93                                                                               
    "An Act relating to boating safety; repealing secs. 3, 5, 7, 9, 11,                             
    14, 16, 18, 20, 23, 26, 27, and 30, ch. 28, SLA 2000; and                                       
    providing for an effective date."                                                               
                                                                                                    
HB 104                                                                                            
Representatives Lynn and Dahlstrom added their names as cosponsors                                  
to:                                                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 104(FSH)                                                                  
    "An Act relating to payment of the fisheries business tax and to                                
    security for collection of the fisheries business tax."                                         
                                                                                                    
HB 135                                                                                            
Representatives Crawford and Lynn added their names as cosponsors                                   
to:                                                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 135(HES)                                                                  
    "An Act relating to marital and family therapists."                                             
                                                                                                    
HB 214                                                                                            
Representatives McGuire and Hawker added their names as                                             
cosponsors to:                                                                                      
                                                                                                    

2003-04-02                     House Journal                      Page 0751
    HOUSE BILL NO. 214                                                                              
    "An Act relating to the recovery of punitive damages against an                                 
    employer who is determined to be vicariously liable for the act or                              
    omission of an employee; and providing for an effective date."                                 
                                                                                                    
SJR 5                                                                                             
Representative Croft added his name as cross sponsor to:                                            
                                                                                                    
    CS FOR SENATE JOINT RESOLUTION NO. 5(STA)                                                       
    Urging the President of the United States and the Congress to act                               
    to ensure that federal agencies do not retain records relating to                               
    lawful purchase or ownership of firearms gathered through the                                   
    Brady Handgun Bill instant check system.                                                        
                                                                                                    
SB 25                                                                                             
Representative Lynn added his name as cross sponsor to:                                             
                                                                                                    
    CS FOR SENATE BILL NO. 25(FIN)                                                                  
    "An Act relating to the acquisition of teachers' housing by                                     
    regional educational attendance areas and to teachers' housing                                  
    loan programs in the Alaska Housing Finance Corporation; and                                    
    providing for an effective date."                                                               
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HB 34                                                                                             
HB 34 was engrossed, signed by the Speaker and Chief Clerk and                                      
transmitted to the Senate for consideration.                                                        
                                                                                                    
HB 104                                                                                            
CSHB 104(FSH) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HB 114                                                                                            
CSHB 114(JUD)(title am) was engrossed, signed by the Speaker and                                    
Chief Clerk and transmitted to the Senate for consideration.                                        
                                                                                                    
HB 135                                                                                            
CSHB 135(HES) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    

2003-04-02                     House Journal                      Page 0752
                      ENGROSSMENT AND ENROLLMENT                                                 
                                                                                                    
HR 6                                                                                              
The following was engrossed and enrolled, signed by the Speaker and                                 
Chief Clerk, and the engrossed and enrolled copies were transmitted to                              
the Office of the Governor at 10:45 a.m., April 1, 2003:                                            
                                                                                                    
    HOUSE RESOLUTION NO. 6                                                                          
       Establishing a House Special Committee on Ways and Means.                                   
                                                                                                    
                             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., April 4, 2003.  There being no                                      
objection, the House adjourned at 11:39 a.m.                                                        
                                                                                                    
                                           Suzi Lowell                                              
                                           Chief Clerk