Legislature(2003 - 2004)

2003-04-11 House Journal

Full Journal pdf

2003-04-11                     House Journal                      Page 0923
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
               TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                         
                                                                                                    
Juneau, Alaska                   Friday                 April 11, 2003                            
                                                                                                    
                           Eighty-first Day                                                    
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 10:16 a.m.                                                                                  
                                                                                                    
Roll call showed 37 members present.  Representatives Chenault, Fate,                               
and Williams had been previously excused from a call of the House                                   
today.                                                                                              
                                                                                                    
The invocation was offered by the Chaplain, Representative Kapsner.                                 
Representative Coghill moved and asked unanimous consent that the                                   
invocation be spread on the journal.  There being no objection, it was                              
so ordered.                                                                                         
                                                                                                    
    In recognition and respect for all spiritual beliefs of Alaskans,                               
    I offer this prayer.                                                                            
                                                                                                    
    O Lord Jesus Christ, our God, incline Thine ear and hear now                                    
    my prayer offered to Thee in humility.                                                          
                                                                                                    
    Be mindful, O Lord, of all civil authorities, of our armed                                      
    forces, of this city in which we reside, and of every                                           
    community and the countryside.  Grant us peaceful times, that                                   
    we, in our tranquility, may lead a calm and peaceful life in all                                
    godliness and sanctity.                                                                         
                                                                                                    
    Be mindful, O Lord, of those who travel by land, by sea, and                                    
    by air, of the old and the young, the sick, the suffering, the                                  
    sorrowing, the afflicted, the captives, the needy and the poor;                                 
    and upon them all send forth Thy mercies, for Thou art the                                      
    giver of all good things.  Amen.                                                                
                                                                                                    

2003-04-11                     House Journal                      Page 0924
The Pledge of Allegiance was led by Representative Holm.                                            
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 80th legislative day be approved as certified by the                                
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                                                                                                    
                       MESSAGES FROM THE SENATE                                                  
                                                                                                    
HB 71                                                                                             
A message dated April 10, 2003, was read stating the Senate has                                     
passed:                                                                                             
                                                                                                    
    HOUSE BILL NO. 71                                                                               
    "An Act extending the termination date of the Board of Certified                                
    Direct-Entry Midwives."                                                                         
                                                                                                    
with the following amendment and it is transmitted for consideration:                               
                                                                                                    
    SENATE CS FOR HOUSE BILL NO. 71(FIN)                                                            
    "An Act extending the termination date of the Board of Certified                                
    Direct-Entry Midwives; and relating to the regulation of certified                              
    direct-entry midwives."                                                                         
                                                                                                    
 (SCR 7 - title change resolution)                                                                  
                                                                                                    
HB 71 is under Unfinished Business.                                                                 
                                                                                                    
A message dated April 10, 2003, was read stating the Senate has                                     
passed the following and they are transmitted for consideration:                                    
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                         OF SENATE RESOLUTIONS                                                   
                                                                                                    
SCR 7                                                                                             
SENATE CONCURRENT RESOLUTION NO. 7 by the Senate                                                    
Finance Committee:                                                                                  
                                                                                                    

2003-04-11                     House Journal                      Page 0925
    Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                  
    the Alaska State Legislature, concerning House Bill No. 71,                                     
    relating to the Board of Certified Direct-Entry Midwives.                                       
                                                                                                    
was read the first time and taken up later as a Special Order of                                    
Business,                                                                                           
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                            OF SENATE BILLS                                                      
                                                                                                    
SB 49                                                                                             
CS FOR SENATE BILL NO. 49(STA) by the Senate State Affairs                                          
Committee, entitled:                                                                                
                                                                                                    
    "An Act making corrective amendments to the Alaska Statutes as                                  
    recommended by the revisor of statutes; and providing for an                                    
    effective date."                                                                                
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
                            COMMUNICATIONS                                                       
                                                                                                    
The following was received:                                                                         
                                                                                                    
Dept. of Natural Resources                                                                          
Division of Mining, Land & Water                                                                    
Division of Forestry                                                                                
Haines State Forest Management Plan                                                                 
August 2002                                                                                         
(as required by AS 41.15.320)                                                                       
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
HCR 7                                                                                             
The Rules Committee has considered:                                                                 
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 7                                                               
    Proposing an amendment to the Uniform Rules of the Alaska State                                 
    Legislature relating to executive sessions of legislative bodies; and                           
    providing for an effective date for the amendment.                                              
                                                                                                    

2003-04-11                     House Journal                      Page 0926
and recommends it be replaced with:                                                                 
                                                                                                    
             CS FOR HOUSE CONCURRENT RESOLUTION NO. 7(RLS)                                         
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Rokeberg, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  McGuire, Kott, Coghill, Morgan, Rokeberg                                              
                                                                                                    
No recommendation (1):  Kerttula                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHCR 7(RLS):                                                 
                                                                                                    
1.  Zero, Legislative Agency                                                                        
                                                                                                    
HCR 7 was returned to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
HCR 16                                                                                            
The Rules Committee has considered:                                                                 
                                                                                                    
    HOUSE CONCURRENT RESOLUTION NO. 16                                                              
    Proposing amendments to the Uniform Rules of the Alaska State                                   
    Legislature providing that the 2000 edition of "Mason's Manual of                               
    Legislative Procedure" shall implement the rules; and providing                                 
    for an effective date for the amendments.                                                       
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE CONCURRENT RESOLUTION NO. 16(RLS)                                                  
    Proposing amendments to the Uniform Rules of the Alaska State                                   
    Legislature providing that the 2000 edition of "Mason's Manual of                               
    Legislative Procedure" shall implement the rules; relating to                                   
    meetings of subcommittees and conference committees; and                                        
    providing for an effective date for the amendments.                                             
                                                                                                    
The report was signed by Representative Rokeberg, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    

2003-04-11                     House Journal                      Page 0927
Do pass (4):  Kott, McGuire, Morgan, Rokeberg                                                       
                                                                                                    
No recommendation (2):  Kerttula, Coghill                                                           
                                                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHCR 16(RLS):                                                
                                                                                                    
1.  Zero, Legislative Agency                                                                        
                                                                                                    
HCR 16 was returned to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 47                                                                                             
The State Affairs Committee has considered:                                                         
                                                                                                    
    HOUSE BILL NO. 47                                                                               
    "An Act prohibiting discrimination by credit rating or credit                                   
    scoring in certain insurance rates; and providing for an effective                              
    date."                                                                                          
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 47(STA)                                                                   
    "An Act relating to using credit rating or credit scoring for                                   
    insurance purposes; and providing for an effective date."                                       
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  Lynn                                                                                  
                                                                                                    
No recommendation (4):  Seaton, Holm, Dahlstrom, Weyhrauch                                          
                                                                                                    
The following fiscal note(s) apply to CSHB 47(STA):                                                 
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
                                                                                                    
HB 47 was referred to the Labor & Commerce Committee.                                               
                                                                                                    

2003-04-11                     House Journal                      Page 0928
HB 55                                                                                             
The State Affairs Committee has considered:                                                         
                                                                                                    
    SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 55                                                        
    "An Act expressing legislative intent regarding privately operated                              
    correctional facility space and services; relating to the                                       
    development and financing of privately operated correctional                                    
    facility space and services; authorizing the Department of                                      
    Corrections to enter into an agreement for the confinement and                                  
    care of prisoners in privately operated correctional facility space;                            
    authorizing the Department of Corrections to enter into                                         
    agreements with municipalities to expand existing correctional                                  
    facilities; and providing for an effective date."                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                    
    55(STA)                                                                                         
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do not pass (5):  Seaton, Gruenberg, Dahlstrom, Lynn, Weyhrauch                                     
                                                                                                    
No recommendation (1):  Holm                                                                        
                                                                                                    
The following fiscal note(s) apply to CSSSHB 55(STA):                                               
                                                                                                    
1.  Fiscal, Dept. of Transportation & Public Facilities                                             
2.  Fiscal, Dept. of Revenue                                                                        
3.  Fiscal, Dept. of Public Safety                                                                  
4.  Fiscal, Dept. of Public Safety                                                                  
                                                                                                    
SSHB 55 was referred to the Finance Committee.                                                      
                                                                                                    
                                                                                                    
HB 109                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    

2003-04-11                     House Journal                      Page 0929
    HOUSE BILL NO. 109                                                                              
    "An Act relating to the limitation on payment of state treasury                                 
    warrants; and providing for an effective date."                                                 
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 109(FIN)                                                                  
    "An Act relating to the limitation on payment of state treasury                                 
    warrants and to the payment of a claim for which the                                            
    appropriation has lapsed; and providing for an effective date."                                
                                                                                                    
The report was signed by Representative Harris, Co-chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Meyer, Hawker, Whitaker, Foster, Harris                                               
                                                                                                    
No recommendation (2):  Stoltze, Joule                                                              
                                                                                                    
The following fiscal note(s) apply to CSHB 109(FIN):                                                
                                                                                                    
1.  Zero, Dept. of Administration/All Depts.                                                        
                                                                                                    
HB 109 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 120                                                                                            
The Rules Committee has considered:                                                                 
                                                                                                    
    HOUSE BILL NO. 120                                                                              
    "An Act excluding service contracts from regulation as insurance;                               
    and providing for an effective date."                                                           
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 120(RLS)                                                                  
    "An Act excluding service contracts from regulation as insurance;                               
    relating to insurance licensing for motor vehicle service contracts                             
    and home warranties; and providing for an effective date."                                      
                                                                                                    

2003-04-11                     House Journal                      Page 0930
The report was signed by Representative Rokeberg, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Coghill, Rokeberg                                                                     
                                                                                                    
No recommendation (5):  Kerttula, McGuire, Kott, Morgan, Berkowitz                                  
                                                                                                    
The following fiscal note(s) apply to CSHB 120(RLS):                                                
                                                                                                    
2.  Zero, House Rules Committee/Dept. of Community & Economic                                       
Development                                                                                         
                                                                                                    
HB 120 was returned to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
HB 211                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
    HOUSE BILL NO. 211                                                                              
    "An Act relating to a student loan repayment program for nurses,                                
    and amending the duties of the Board of Nursing that relate to this                             
    program; and providing for an effective date."                                                  
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 211(HES)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Wilson, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Cissna, Coghill, Gatto, Wolf, Wilson                                                  
                                                                                                    
Amend (1):  Seaton                                                                                  
                                                                                                    
The following fiscal note(s) apply to CSHB 211(HES):                                                
                                                                                                    
1.  Zero, Dept. of Community & Economic Development                                                 
2.  Fiscal, Dept. of Education & Early Development                                                  
                                                                                                    

2003-04-11                     House Journal                      Page 0931
HB 211 was referred to the Finance Committee.                                                       
                                                                                                    
HB 229                                                                                            
The State Affairs Committee has considered:                                                         
                                                                                                    
    HOUSE BILL NO. 229                                                                              
    "An Act relating to special medical parole and to prisoners who                                 
    are severely medically and cognitively disabled."                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 229(STA)                                                                  
    "An Act relating to special medical parole and to prisoners who                                 
    are severely medically or cognitively disabled."                                                
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Seaton, Gruenberg, Holm                                                               
                                                                                                    
No recommendation (4):  Lynn, Dahlstrom, Berkowitz, Weyhrauch                                       
                                                                                                    
The following fiscal note(s) apply to CSHB 229(STA):                                                
                                                                                                    
1.  Fiscal, Dept. of Corrections                                                                    
                                                                                                    
HB 229 was referred to the Finance Committee.                                                       
                                                                                                    
HB 249                                                                                            
The Judiciary Committee has considered:                                                             
                                                                                                    
    HOUSE BILL NO. 249                                                                              
    "An Act relating to actions involving monopolies and restraint of                               
    trade; and providing for an effective date."                                                    
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 249(JUD)                                                                  
    "An Act relating to the award of costs and attorney fees to                                     
    defendants under court rule in civil actions brought under                                      

2003-04-11                     House Journal                      Page 0932
    monopoly and restraint of trade statutes; and providing for an                                  
    effective date."                                                                                
                                                                                                    
The report was signed by Representative McGuire, Chair, with the                                    
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Gruenberg, McGuire                                                                    
                                                                                                    
No recommendation (4):  Holm, Samuels, Ogg, Anderson                                                
                                                                                                    
Amend (1):  Gara                                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHB 249(JUD):                                                
                                                                                                    
1.  Zero, Alaska Court System                                                                       
                                                                                                    
HB 249 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
                                                                                                    
SJR 5                                                                                             
The State Affairs Committee has considered:                                                         
                                                                                                    
    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.                                                        
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Seaton, Lynn                                                                          
                                                                                                    
No recommendation (3):  Gruenberg, Holm, Weyhrauch                                                  
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Legislative Agency                                                                        
                                                                                                    

2003-04-11                     House Journal                      Page 0933
CSSJR 5(STA) was referred to the Judiciary Committee.                                               
                                                                                                    
SJR 7                                                                                             
The State Affairs Committee 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:                                                                 
                                                                                                    
    HOUSE CS FOR SENATE JOINT RESOLUTION NO. 7(EDT)                                                 
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Weyhrauch, Chair, with the                                  
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Dahlstrom, Lynn, Holm, Seaton, Weyhrauch                                              
                                                                                                    
The following fiscal note(s) apply to HCS SJR 7(EDT):                                               
                                                                                                    
1.  Zero, Legislative Agency                                                                        
                                                                                                    
SJR 7 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
HB 240                                                                                            
The House Special Committee on Economic Development,                                                
International Trade, & Tourism has considered:                                                      
                                                                                                    
    HOUSE BILL NO. 240                                                                              
    "An Act establishing a state lottery."                                                          
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 240(EDT)                                                                  
    "An Act relating to charitable gaming and establishing a state                                  
    lottery; and providing for an effective date."                                                  
                                                                                                    

2003-04-11                     House Journal                      Page 0934
The report was signed by Representative Heinze, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
No recommendation (1):  Dahlstrom                                                                   
                                                                                                    
Amend (3):  Kott, McGuire, Heinze                                                                   
                                                                                                    
The following fiscal note(s) apply to CSHB 240(EDT):                                                
                                                                                                    
1.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
HB 240 was referred to the House Special Committee on Ways &                                        
Means.                                                                                              
                                                                                                    
                                                                                                    
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Colonel Randy Crawford, Alaska State Troopers,                                           
Retirement                                                                                          
By Senator Wagoner                                                                                  
                                                                                                    
Honoring - Mrs. Rica Niemi Swanson                                                                  
By Senator Green                                                                                    
                                                                                                    
Honoring - National Correctional Officers' Week, May 4-10, 2003                                     
By Senator Wagoner                                                                                  
                                                                                                    
In Memoriam - Thelma L. Isaacs                                                                      
By Senator Wagoner                                                                                  
                                                                                                    
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                            OF HOUSE BILLS                                                       
                                                                                                    
HB 259                                                                                            
HOUSE BILL NO. 259 by Representative Gatto, entitled:                                               
                                                                                                    

2003-04-11                     House Journal                      Page 0935
    "An Act relating to public school transportation, and to the                                    
    minimum wages for school bus drivers; and providing for an                                      
    effective date."                                                                                
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Education and the Labor & Commerce and Finance Committees.                                          
                                                                                                    
HB 260                                                                                            
HOUSE BILL NO. 260 by Representatives Seaton and Wilson,                                            
entitled:                                                                                           
                                                                                                    
    "An Act relating to immunity for free health care services                                      
    provided by certain health care providers; and providing for an                                 
    effective date."                                                                                
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Judiciary Committees.                                                                               
                                                                                                    
HB 261                                                                                            
HOUSE BILL NO. 261 by the House Judiciary Committee, entitled:                                      
                                                                                                    
    "An Act relating to possession, control, or consumption of alcohol                              
    by a person under the age of 21 years and to furnishing or                                      
    delivering alcohol to a person under the age of 21 years; and                                   
    providing for an effective date."                                                               
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
HB 262                                                                                            
HOUSE BILL NO. 262 by the House Special Committee on                                                
Education, entitled:                                                                                
                                                                                                    
    "An Act relating to public school funding; and providing for an                                 
    effective date."                                                                                
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Education and the Health, Education & Social Services and Finance                                   
Committees.                                                                                         
                                                                                                    

2003-04-11                     House Journal                      Page 0936
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 81                                                                                             
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 81                                                                               
    "An Act relating to motor vehicle emissions; and providing for an                               
    effective date."                                                                                
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 TRA RPT 1DP 3NR                                                    705                             
 FN1: ZERO(ADM)                                                     705                             
 STA RPT CS(STA) NT 5DP 1NR                                         865                             
 FN1: ZERO(ADM)                                                     865                             
                                                                                                    
                                                                                                    
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. 81(STA)                                                                   
    "An Act relating to motor vehicle emissions and to inspection                                   
    decals and fines relating to motor vehicle emissions; and                                       
    providing for an effective date."                                                               
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 81(STA) be considered engrossed, advanced to third reading,                                    
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 81(STA) was read the third time.                                                               
                                                                                                    
The question being:  "Shall CSHB 81(STA) pass the House?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    

2003-04-11                     House Journal                      Page 0937
                                                                                                    
CSHB 81(STA)                                                                                        
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
                                                                                                    
YEAS:  31   NAYS:  6   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Crawford, Croft, Dahlstrom,                                     
Foster, Gara, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule,                                 
Kapsner, Kerttula, Kookesh, Kott, Lynn, Masek, McGuire, Meyer,                                      
Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Weyhrauch,                                           
Wilson, Wolf                                                                                        
                                                                                                    
Nays:  Coghill, Gatto, Holm, Kohring, Stoltze, Whitaker                                             
                                                                                                    
Excused:  Chenault, Fate, Williams                                                                  
                                                                                                    
Dahlstrom changed from "Nay" to "Yea".                                                              
                                                                                                    
And so, CSHB 81(STA) 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.                                
                                                                                                    
                                                                                                    
Representative Croft gave notice of reconsideration of the vote on                                  
CSHB 81(STA) and it was taken up later.                                                             
                                                                                                    
                                                                                                    
HB 159                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 159                                                                              
    "An Act relating to the frequency of examinations of certain                                    
    persons licensed to engage in the business of making loans of                                   
    money, credit, goods, or things in action; repealing the                                        
    requirement for a state examination and evaluation of the Alaska                                
    Commercial Fishing and Agriculture Bank; and providing for an                                   
    effective date."                                                                                
                                                                                                    

2003-04-11                     House Journal                      Page 0938
with the:                                                  Journal Page                             
                                                                                                    
 L&C RPT 3DP 1NR                                                    558                             
 FN1: (CED)                                                         558                             
 FIN RPT 5DP 3NR 1AM                                                665                             
 FN2: (CED)                                                         665                             
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
HB 159 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
HB 159 was read the third time.                                                                     
                                                                                                    
The question being:  "Shall HB 159 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HB 159                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  3   ABSENT:  1                                                   
                                                                                                    
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                      
Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                     
Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg,                                          
Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Wilson, Wolf                                         
                                                                                                    
Excused:  Chenault, Fate, Williams                                                                  
                                                                                                    
Absent:  Heinze                                                                                     
                                                                                                    
And so, HB 159 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 159 was referred to the Chief Clerk for engrossment.                                             
                                                                                                    

2003-04-11                     House Journal                      Page 0939
                    SECOND READING OF SENATE BILLS                                               
                                                                                                    
SB 79                                                                                             
The following was read the second time:                                                             
                                                                                                    
    SENATE BILL NO. 79                                                                              
    "An Act extending the termination date of the Alaska Minerals                                   
    Commission."                                                                                    
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 RES RPT 8DP                                                        711                             
 FN1: (CED)                                                         711                             
 FIN RPT 9DP 1NR                                                    840                             
 FN1: (CED)                                                         840                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
SB 79 be considered engrossed, advanced to third reading, and placed                                
on final passage.  There being no objection, it was so ordered.                                     
                                                                                                    
SB 79 was read the third time.                                                                      
                                                                                                    
Representative Kerttula moved and asked unanimous consent that she                                  
be allowed to abstain from voting because of a conflict of interest.                                
Objection was heard, and Representative Kerttula was required to                                    
vote.                                                                                               
                                                                                                    
The question being:  "Shall SB 79 pass the House?"  The roll was                                    
taken with the following result:                                                                    
                                                                                                    
SB 79                                                                                               
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, 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, Wilson, Wolf                                         
                                                                                                    

2003-04-11                     House Journal                      Page 0940
Excused:  Chenault, Fate, Williams                                                                  
                                                                                                    
And so, SB 79 passed the House, was signed by the Speaker and Chief                                 
Clerk and returned to the Senate.                                                                   
                                                                                                    
                                                                                                    
                     THIRD READING OF HOUSE BILLS                                                
                                                                                                    
HB 214                                                                                            
The following, which was advanced to third reading from the                                         
April 10, 2003, calendar (page 915), was read the third time:                                       
                                                                                                    
    CS FOR HOUSE BILL NO. 214(JUD)                                                                  
    "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."                                 
                                                                                                    
                                                                                                    
Representative Harris placed a call of the House.                                                   
                                                                                                    
The call was satisfied.                                                                             
                                                                                                    
The question being:  "Shall CSHB 214(JUD) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 214(JUD)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  28   NAYS:  9   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Coghill, Crawford, Croft, Dahlstrom, Foster, Gatto, Harris,                                  
Hawker, Heinze, Holm, Joule, Kapsner, Kohring, Kookesh, Kott,                                       
Lynn, McGuire, Meyer, Morgan, Moses, Rokeberg, Samuels, Seaton,                                     
Stoltze, Weyhrauch, Whitaker, Wilson, Wolf                                                          
                                                                                                    
Nays:  Anderson, Berkowitz, Cissna, Gara, Gruenberg, Guttenberg,                                    
Kerttula, Masek, Ogg                                                                                
                                                                                                    
Excused:  Chenault, Fate, Williams                                                                  
                                                                                                    
And so, CSHB 214(JUD) passed the House.                                                             
                                                                                                    

2003-04-11                     House Journal                      Page 0941
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.                                
                                                                                                    
Representative Masek gave notice of reconsideration of the vote on                                  
CSHB 214(JUD).                                                                                      
                                                                                                    
                                                                                                    
                         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 - Diane Palmer                                                                             
By Representatives Williams, Kott, Anderson, Berkowitz, Chenault,                                   
Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto,                                     
Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule,                                         
Kapsner, Kerttula, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                    
Samuels, Seaton, Weyhrauch, Whitaker, Wilson, Wolf; Senator Taylor                                  
                                                                                                    
In Memoriam - Jimmie "Chief" Reed                                                                   
By Representatives Gara, Crawford, Kott, Anderson, Berkowitz,                                       
Chenault, Cissna, Coghill, Croft, Dahlstrom, Foster, Gatto, Gruenberg,                              
Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula,                                 
Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                      
Weyhrauch, Whitaker, Williams, Wilson, Wolf; Senator Taylor                                         
                                                                                                    
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HB 1                                                                                              
The Speaker waived the Finance Committee referral for the following                                 
at the request of Representative Meyer, Vice Chair:                                                 
                                                                                                    
    HOUSE BILL NO. 1                                                                                
    "An Act relating to stalking and to violating a protective order;                               
    and amending Rules 4 and 65, Alaska Rules of Civil Procedure,                                   
    and Rule 9, Alaska Rules of Administration."                                                    
                                                                                                    

2003-04-11                     House Journal                      Page 0942
HB 1 was removed from the Finance Committee and referred to the                                     
Rules Committee for placement on the calendar.                                                      
                                                                                                    
                                                                                                    
HB 194                                                                                            
The Speaker waived the Finance Committee referral for the following                                 
at the request of Representative Meyer, Vice Chair:                                                 
                                                                                                    
    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."                                                               
                                                                                                    
HB 194 was removed from the Finance Committee and referred to the                                   
Rules Committee for placement on the calendar.                                                      
                                                                                                    
                                                                                                    
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 Holm - from 7:00 p.m., April 11 to morning plane                                     
time, April 14, 2003 (amended from page 899)                                                        
                                                                                                    
Representative McGuire - from 7:00 p.m., April 11 to morning plane                                  
time, April 14, 2003                                                                                
                                                                                                    
                                                                                                    
                      CONCUR IN SENATE AMENDMENTS                                                
                                                                                                    
HB 71                                                                                             
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Senate message (page 924) on the following at this                               
time:                                                                                               
                                                                                                    
    HOUSE BILL NO. 71                                                                               
    "An Act extending the termination date of the Board of Certified                                
    Direct-Entry Midwives."                                                                         
                                                                                                    
and                                                                                                 
                                                                                                    

2003-04-11                     House Journal                      Page 0943
    SENATE CS FOR HOUSE BILL NO. 71(FIN)                                                            
    "An Act extending the termination date of the Board of Certified                                
    Direct-Entry Midwives; and relating to the regulation of certified                              
    direct-entry midwives."                                                                         
                                                                                                    
 (SCR 7 - title change resolution)                                                                  
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House concur in the Senate                                    
amendment to HB 71, thus adopting SCS HB 71(FIN), and                                               
recommended that the members vote yes.                                                              
                                                                                                    
The question being:  "Shall the House concur in the Senate                                          
amendment to HB 71?"  The roll was taken with the following result:                                 
                                                                                                    
SCS HB 71(FIN)                                                                                      
Concur                                                                                              
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  3   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                      
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                   
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                           
Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Wilson, Wolf                                         
                                                                                                    
Excused:  Chenault, Fate, Williams                                                                  
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, the House concurred in the Senate amendment, thus adopting                                  
SCS HB 71(FIN).                                                                                     
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
SCS HB 71(FIN) was referred to the Chief Clerk for enrollment.                                      
                                                                                                    
                       SPECIAL ORDER OF BUSINESS                                                 
                                                                                                    
SCR 7                                                                                             
Representative Coghill moved and asked unanimous consent that the                                   
following be taken up as a Special Order of Business at this time:                                  

2003-04-11                     House Journal                      Page 0944
    SENATE CONCURRENT RESOLUTION NO. 7                                                              
    Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                  
    the Alaska State Legislature, concerning House Bill No. 71,                                     
    relating to the Board of Certified Direct- Entry Midwives.                                      
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
The question being: "Shall SCR 7 pass the House?"  The roll was                                     
taken with the following result:                                                                    
                                                                                                    
SCR 7                                                                                               
Special Order of Business                                                                           
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  3   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                      
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                   
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                           
Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Wilson, Wolf                                         
                                                                                                    
Excused:  Chenault, Fate, Williams                                                                  
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, SCR 7 passed the House, was signed by the Speaker and                                       
Chief Clerk and returned to the Senate.                                                             
                                                                                                    
                                                                                                    
                            RECONSIDERATION                                                      
                                                                                                    
HB 81                                                                                             
Representative Croft moved and asked unanimous consent that                                         
reconsideration of CSHB 81(STA) be taken up on the same day.                                        
There being no objection, it was so ordered.                                                        
                                                                                                    
The following was again before the House in third reading:                                          
                                                                                                    
    CS FOR HOUSE BILL NO. 81(STA)                                                                   
    "An Act relating to motor vehicle emissions and to inspection                                   
    decals and fines relating to motor vehicle emissions; and                                       
    providing for an effective date."                                                               
                                                                                                    

2003-04-11                     House Journal                      Page 0945
The question to be reconsidered:  "Shall CSHB 81(STA) pass the                                      
House?"  The roll was taken with the following result:                                              
                                                                                                    
CSHB 81(STA)--RECONSIDERATION                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  26   NAYS:  10   EXCUSED:  3   ABSENT:  1                                                  
                                                                                                    
Yeas:  Anderson, Crawford, Dahlstrom, Foster, Gara, Gatto,                                          
Gruenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kookesh, Kott,                                   
Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels,                                        
Seaton, Weyhrauch, Wilson, Wolf                                                                     
                                                                                                    
Nays:  Berkowitz, Cissna, Coghill, Croft, Guttenberg, Holm, Kerttula,                               
Kohring, Stoltze, Whitaker                                                                          
                                                                                                    
Excused:  Chenault, Fate, Williams                                                                  
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, CSHB 81(STA) passed the House on reconsideration.                                           
                                                                                                    
Representative Coghill moved the effective date clause.                                             
                                                                                                    
The question being:  "Shall the effective date clause be adopted?"  The                             
roll was taken with the following result:                                                           
                                                                                                    
CSHB 81(STA)--RECONSIDERATION                                                                       
Third Reading                                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  3   ABSENT:  1                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft,                                       
Dahlstrom, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                      
Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh,                                   
Kott, Lynn, Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                           
Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Wilson, Wolf                                         
                                                                                                    
Excused:  Chenault, Fate, Williams                                                                  
                                                                                                    
Absent:  Moses                                                                                      
                                                                                                    
And so, the effective date clause was adopted.                                                      
                                                                                                    

2003-04-11                     House Journal                      Page 0946
CSHB 81(STA) was referred to the Chief Clerk for engrossment.                                       
                                                                                                    
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HB 1                                                                                              
Representative Lynn added his name as cosponsor to:                                                 
                                                                                                    
    HOUSE BILL NO. 1                                                                                
    "An Act relating to stalking and to violating a protective order;                               
    and amending Rules 4 and 65, Alaska Rules of Civil Procedure,                                   
    and Rule 9, Alaska Rules of Administration."                                                    
                                                                                                    
HB 12                                                                                             
Representative Lynn added his name as cosponsor to:                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 12(JUD) am                                                                
    "An Act relating to the crime of harassment committed by use of                                 
    electronic communication."                                                                      
                                                                                                    
HB 81                                                                                             
Representatives Dahlstrom and Foster added their names as                                           
cosponsors to:                                                                                      
                                                                                                    
    CS FOR HOUSE BILL NO. 81(STA)                                                                   
    "An Act relating to motor vehicle emissions and to inspection                                   
    decals and fines relating to motor vehicle emissions; and                                       
    providing for an effective date."                                                               
                                                                                                    
HB 108                                                                                            
Representative Wilson added her name as cosponsor to:                                               
                                                                                                    
    HOUSE BILL NO. 108                                                                              
    "An Act relating to establishing a screening, tracking, and                                     
    intervention program related to the hearing ability of newborns                                 
    and infants; providing an exemption to licensure as an audiologist                              
    for certain persons performing hearing screening tests; relating to                             
    insurance coverage for newborn and infant hearing screening; and                                
    providing for an effective date."                                                               
                                                                                                    

2003-04-11                     House Journal                      Page 0947
HB 120                                                                                            
Representative Wolf added his name as cosponsor to:                                                 
                                                                                                    
    HOUSE BILL NO. 120                                                                              
    "An Act excluding service contracts from regulation as insurance;                               
    and providing for an effective date."                                                           
                                                                                                    
HB 177                                                                                            
Representative McGuire added her name as cosponsor to:                                              
                                                                                                    
    SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 177                                                       
    "An Act relating to concealed handguns."                                                        
                                                                                                    
HB 194                                                                                            
Representatives Harris, Foster, and Seaton added their names as                                     
cosponsors to:                                                                                      
                                                                                                    
    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."                                                               
                                                                                                    
HB 214                                                                                            
Representative Lynn added his name as cosponsor to:                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 214(JUD)                                                                  
    "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."                                 
                                                                                                    
HB 249                                                                                            
Representative Lynn added his name as cosponsor to:                                                 
                                                                                                    
    HOUSE BILL NO. 249                                                                              
    "An Act relating to actions involving monopolies and restraint of                               
    trade; and providing for an effective date."                                                    
                                                                                                    
SB 25                                                                                             
Representative Rokeberg added his name as cross sponsor to:                                         
                                                                                                    

2003-04-11                     House Journal                      Page 0948
    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."                                                               
                                                                                                    
                                                                                                    
SB 79                                                                                             
Representatives Croft, Rokeberg, Stoltze, and Dahlstrom added their                                 
names as cross sponsors to:                                                                         
                                                                                                    
    SENATE BILL NO. 79                                                                              
    "An Act extending the termination date of the Alaska Minerals                                   
    Commission."                                                                                    
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HB 81                                                                                             
CSHB 81(STA) was engrossed, signed by the Speaker and Chief Clerk                                   
and transmitted to the Senate for consideration.                                                    
                                                                                                    
                                                                                                    
HB 159                                                                                            
HB 159 was engrossed, signed by the Speaker and Chief Clerk and                                     
transmitted to the Senate for consideration.                                                        
                                                                                                    
                                                                                                    
                              ENROLLMENT                                                         
                                                                                                    
HJR 18                                                                                            
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 9:45 a.m.,                                 
April 11, 2003:                                                                                     
                                                                                                    
                                                                                                    
    SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.                                                 
    18(STA)                                                                                         
    Supporting the men and women of the United States armed forces.                                 
                                                                                                    

2003-04-11                     House Journal                      Page 0949
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 11:00 a.m., April 14, 2003.  There being no                                     
objection, the House adjourned at 12:33 p.m.                                                        
                                                                                                    
                                           Suzi Lowell                                              
                                           Chief Clerk