Legislature(2003 - 2004)

2003-04-23 House Journal

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2003-04-23                     House Journal                      Page 1063
                                                                                                    
                              HOUSE JOURNAL                                                      
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
                TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                        
                                                                                                    
Juneau, Alaska                 Wednesday                  April 23, 2003                          
                                                                                                    
                            Ninety-third Day                                                   
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Kott at 10:14 a.m.                                                                                  
                                                                                                    
Roll call showed 37 members present.  Representative Joule had been                                 
previously excused from a call of the House today.  Representative                                  
Williams was absent and his presence was noted later.                                               
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Gruenberg be excused from a call of the House today.                                 
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
The invocation was offered by the Chaplain, Pastor Greg Lindsay of                                  
Northern Light United Church.  Representative Heinze moved and                                      
asked unanimous consent that the invocation be spread on the journal.                               
There being no objection, it was so ordered.                                                        
                                                                                                    
    In deepest respect for the religious tradition of each person                                   
    present, let us pause for a moment of prayer and reflection.                                    
    Let us pray.                                                                                    
                                                                                                    
    God of love, justice, and peace, teach us how to pray.  We                                      
    know how difficult it can be to be quiet and listen for Your                                    
    voice.  Our minds are filled with to-do lists, our thoughts are                                 
    focused on last minute details, and our spirits are pushed to                                   
    the edge with fatigue and busyness.  Help us tune out that                                      
    busyness for one minute to just listen.                                                         
                                                                                                    

2003-04-23                     House Journal                      Page 1064
    O God, care for each person here with Your unending love.                                       
    Bring us into Your presence and touch each one of us at our                                     
    point of need.  Bring healing and comfort and a renewed                                         
    sense of purpose.                                                                               
                                                                                                    
       Refashion our priorities in order to serve the people with                                  
        energy, imagination, enthusiasm, and love.  Thank You, O                                   
    God, for the opportunity to serve.  Amen.                                                       
                                                                                                    
The Pledge of Allegiance was led by Representative Gatto.                                           
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 92nd legislative day be approved as certified by the                                
Chief Clerk.  There being no objection, it was so ordered.                                          
                                                                                                    
                                * * * * *                                                          
                                                                                                    
Representative Heinze introduced Bradley H. Bourdon, Guest Page,                                    
from Anchorage.                                                                                     
                                                                                                    
                        MESSAGES FROM THE SENATE                                                 
                                                                                                    
A message dated April 22, 2003, was read stating the Senate has                                     
passed the following and they are transmitted for consideration:                                    
                                                                                                    
                       FIRST READING AND REFERENCE                                               
                             OF SENATE BILLS                                                     
                                                                                                    
SB 41                                                                                             
CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO.                                                       
41(FIN) by the Senate Finance Committee, entitled:                                                  
                                                                                                    
    "An Act relating to medical care and crimes relating to medical                                 
    care, including medical care and crimes relating to the medical                                 
    assistance program, catastrophic illness assistance, and medical                                
    assistance for chronic and acute medical conditions."                                           
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         

2003-04-23                     House Journal                      Page 1065
                                                                                                    
SB 64                                                                                             
CS FOR SENATE BILL NO. 64(JUD) by the Senate Judiciary                                              
Committee, entitled:                                                                                
                                                                                                    
    "An Act relating to a requirement that certain consumer reporting                               
    agencies provide individuals with certain information without                                   
    charge."                                                                                        
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Judiciary Committees.                                                                               
                                                                                                    
                     REPORTS OF STANDING COMMITTEES                                              
                                                                                                    
HB 170                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    HOUSE BILL NO. 170                                                                              
    "An Act increasing certain motor vehicle registration fees; and                                 
    providing for an effective date."                                                               
                                                                                                    
The report was signed by Representative Williams, Co-chair, with the                                
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Hawker, Whitaker, Foster, Williams                                                    
                                                                                                    
Do not pass (2):  Stoltze, Croft                                                                    
                                                                                                    
No recommendation (3):  Meyer, Joule, Chenault                                                      
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Administration                                                                 
                                                                                                    
HB 170 was referred to the Rules Committee for placement on the                                     
calendar.                                                                                           
                                                                                                    
**The presence of Representative Williams was noted.                                                
                                                                                                    
SB 25                                                                                             
The Health, Education & Social Services Committee has considered:                                   

2003-04-23                     House Journal                      Page 1066
                                                                                                    
    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."                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 25(HES)                                                     
    "An Act relating to the acquisition of teachers' housing by                                     
    regional educational attendance areas and to a teacher housing                                  
    loan program and a teachers' and nurses' housing loan program in                                
    the Alaska Housing Finance Corporation; and providing for an                                    
    effective date."                                                                                
                                                                                                    
    (HCR 17 - title change resolution)                                                              
                                                                                                    
The report was signed by Representative Wilson, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (2):  Seaton, Wilson                                                                        
                                                                                                    
No recommendation (4):  Cissna, Coghill, Wolf, Gatto                                                
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 25(HES):                                             
                                                                                                    
1.  Zero, Dept. of Revenue                                                                          
                                                                                                    
CSSB 25(FIN) was referred to the Finance Committee.                                                 
                                                                                                    
SB 105                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
    CS FOR SENATE BILL NO. 105(HES) am(efd fld)                                                     
    "An Act relating to eligibility requirements for medical assistance                             
    for certain children, pregnant women, and persons in a medical or                               
    intermediate care facility."                                                                    
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    

2003-04-23                     House Journal                      Page 1067
    HOUSE CS FOR CS FOR SENATE BILL NO. 105(HES)                                                    
    "An Act relating to eligibility requirements for medical assistance                             
    for certain children, pregnant women, and persons in a medical or                               
    intermediate care facility; and providing for an effective date."                              
                                                                                                    
    (technical title change)                                                                        
                                                                                                    
The report was signed by Representative Wilson, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  Wilson                                                                                
                                                                                                    
Do not pass (1):  Cissna                                                                            
                                                                                                    
No recommendation (4):  Seaton, Coghill, Wolf, Gatto                                                
                                                                                                    
The following fiscal note(s) apply to HCS CSSB 105(HES):                                            
                                                                                                    
2.  Fiscal, Dept. of Health & Social Services                                                       
                                                                                                    
CSSB 105(HES) am(efd fld) was referred to the Finance Committee.                                    
                                                                                                    
                                                                                                    
SB 123                                                                                            
The Finance Committee has considered:                                                               
                                                                                                    
    SENATE BILL NO. 123 am                                                                          
    "An Act relating to adoptions and guardianships that include a                                  
    subsidy payment by the state; eliminating annual review of the                                  
    subsidy paid by the state after adoption of a hard-to-place child                               
    has occurred or a court has appointed a legal guardian for a hard-                              
    to-place child; and providing for an effective date."                                           
                                                                                                    
The report was signed by Representative Williams, Co-chair, with the                                
following individual recommendations:                                                               
                                                                                                    
Do pass (5):  Meyer, Hawker, Whitaker, Foster, Williams                                             
                                                                                                    
No recommendation (4):  Stoltze, Joule, Croft, Chenault                                             
                                                                                                    

2003-04-23                     House Journal                      Page 1068
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Fiscal, Dept. of Health & Social Services                                                       
                                                                                                    
SB 123 am was referred to the Rules Committee for placement on the                                  
calendar.                                                                                           
                                                                                                    
SB 124                                                                                            
The Health, Education & Social Services Committee has considered:                                   
                                                                                                    
    SENATE BILL NO. 124(efd fld)                                                                    
    "An Act relating to grants for alcoholism and drug abuse                                        
    programs."                                                                                      
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR SENATE BILL NO. 124(HES)                                                           
    "An Act relating to grants for alcoholism and drug abuse                                        
    programs; and providing for an effective date."                                                 
                                                                                                    
    (technical title change)                                                                        
                                                                                                    
The report was signed by Representative Wilson, Chair, with the                                     
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Seaton, Coghill, Wolf, Wilson                                                         
                                                                                                    
Do not pass (1):  Cissna                                                                            
                                                                                                    
No recommendation (1):  Gatto                                                                       
                                                                                                    
The following fiscal note(s) apply to HCS SB 124(HES):                                              
                                                                                                    
1.  Fiscal, Dept. of Health & Social Services                                                       
2.  Fiscal, Dept. of Health & Social Services                                                       
3.  Fiscal, Dept. of Health & Social Services                                                       
4.  Fiscal, Dept. of Health & Social Services                                                       
                                                                                                    
SB 124(efd fld) was referred to the Finance Committee.                                              
                                                                                                    

2003-04-23                     House Journal                      Page 1069
                      REPORTS OF SPECIAL COMMITTEES                                              
                                                                                                    
HB 233                                                                                            
The House Special Committee on Education has considered:                                            
                                                                                                    
    HOUSE BILL NO. 233                                                                              
    "An Act relating to the base student allocation used in the formula                             
    for state funding of public education; and providing for an                                     
    effective date."                                                                                
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 233(EDU)                                                                  
    (same title)                                                                                    
                                                                                                    
The report was signed by Representative Gatto, Chair, with the                                      
following individual recommendations:                                                               
                                                                                                    
Do pass (6):  Wilson, Ogg, Seaton, Wolf, Kapsner, Gatto                                             
                                                                                                    
The following fiscal note(s) apply to CSHB 233(EDU):                                                
                                                                                                    
1.  Fiscal, Dept. of Education & Early Development                                                  
                                                                                                    
HB 233 was referred to the Health, Education & Social Services                                      
Committee.                                                                                          
                                                                                                    
HB 259                                                                                            
The House Special Committee on Education has considered:                                            
                                                                                                    
    HOUSE BILL NO. 259                                                                              
    "An Act relating to public school transportation, and to the                                    
    minimum wages for school bus drivers; and providing for an                                      
    effective date."                                                                                
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 259(EDU)                                                                  
    "An Act relating to school transportation; and providing for an                                 
    effective date."                                                                                
                                                                                                    

2003-04-23                     House Journal                      Page 1070
The report was signed by Representative Gatto, Chair, with the                                      
following individual recommendations:                                                               
                                                                                                    
Do pass (1):  Gatto                                                                                 
                                                                                                    
Amend (3):  Wilson, Ogg, Seaton                                                                     
                                                                                                    
The following fiscal note(s) apply to CSHB 259(EDU):                                                
                                                                                                    
1. Fiscal, Dept. of Education & Early Development                                                   
                                                                                                    
HB 259 was referred to the Labor & Commerce Committee.                                              
                                                                                                    
                                                                                                    
                        INTRODUCTION OF CITATIONS                                                
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Matthew Van Daele, Veterans of Foreign Wars, Voice of                                    
Democracy Alaska Department Winner                                                                  
By Representative Ogg                                                                               
                                                                                                    
Commemorating - National Be Kind to Animals Week, May 4 - 10,                                       
2003                                                                                                
By Representative Meyer                                                                             
                                                                                                    
                                                                                                    
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                          OF HOUSE RESOLUTIONS                                                   
                                                                                                    
HCR 17                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 17 by the Health,                                                   
Education & Social Services Committee:                                                              
                                                                                                    
    Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                  
    the Alaska State Legislature, concerning Senate Bill No. 25,                                    
    relating to the acquisition of teachers' housing by regional                                    
    educational attendance areas and to teachers' housing loan                                      
    programs in the Alaska Housing Finance Corporation.                                             
                                                                                                    

2003-04-23                     House Journal                      Page 1071
was read the first time and referred to the Rules Committee for                                     
placement on the calendar.                                                                          
                                                                                                    
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                             OF HOUSE BILLS                                                      
                                                                                                    
HB 280                                                                                            
HOUSE BILL NO. 280 by the House Finance Committee, entitled:                                        
                                                                                                    
    "An Act relating to the regulation of commercial motor vehicles to                              
    avoid loss or withholding of federal highway money, and to out-                                 
    of-service orders concerning commercial motor vehicles;                                         
    amending Rule 43.1, Alaska Rules of Administration; and                                         
    providing for an effective date."                                                               
                                                                                                    
was read the first time and referred to the Transportation and Finance                              
Committees.                                                                                         
                                                                                                    
HB 281                                                                                            
HOUSE BILL NO. 281 by Representative Weyhrauch, entitled:                                           
                                                                                                    
    "An Act relating to a moratorium on entry of vessels into the                                   
    Southeast Alaska sport fish charter fishery; and providing for an                               
    effective date."                                                                                
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Fisheries and the Resources Committee.                                                              
                                                                                                    
HB 282                                                                                            
HOUSE BILL NO. 282 by Representative Fate, entitled:                                                
                                                                                                    
    "An Act relating to contracts between the University of Alaska                                  
    and its employees involving research or other development of                                    
    intellectual property and to the authority of the president of the                              
    University of Alaska regarding employee contracts for                                           
    development of intellectual property."                                                          
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Labor & Commerce Committees.                                                           
                                                                                                    

2003-04-23                     House Journal                      Page 1072
                   CONSIDERATION OF THE DAILY CALENDAR                                           
                                                                                                    
                      SECOND READING OF HOUSE BILLS                                              
                                                                                                    
HB 177                                                                                            
The following was read the second time:                                                             
                                                                                                    
    SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 177                                                       
    "An Act relating to concealed handguns."                                                        
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 STA RPT CS(STA) 3DP 3NR                                              734                           
 FN1: ZERO(LAW)                                                       735                           
 JUD RPT CS(STA) 6DP 1NR                                              814                           
 FN1: ZERO(LAW)                                                       815                           
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                    
    177(STA)                                                                                        
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSSSHB 177(STA) be considered engrossed, advanced to third                                          
reading, and placed on final passage.                                                               
                                                                                                    
Representative Kerttula objected.                                                                   
                                                                                                    
CSSSHB 177(STA) will advance to third reading on tomorrow's                                         
calendar.                                                                                           
                                                                                                    
                                                                                                    
HB 194                                                                                            
The following was read the second time:                                                             
                                                                                                    

2003-04-23                     House Journal                      Page 1073
    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."                                                               
                                                                                                    
with the:                                                   Journal Page                            
                                                                                                    
 CRA RPT 2DP 5NR                                                      735                           
 FN1: ZERO(CED)                                                       735                           
 FN2: ZERO(REV)                                                       735                           
 L&C RPT CS(L&C) 1DP 6NR                                              839                           
 FN1: ZERO(CED)                                                       840                           
 FN3: ZERO(REV)                                                       840                           
 FIN REFERRAL WAIVED                                                  942                           
                                                                                                    
                                                                                                    
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. 194(L&C)                                                                  
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 194(L&C) be considered engrossed, advanced to third reading,                                   
and placed on final passage.  There being no objection, it was so                                   
ordered.                                                                                            
                                                                                                    
CSHB 194(L&C) was read the third time.                                                              
                                                                                                    
The question being:  "Shall CSHB 194(L&C) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 194(L&C)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
                                                                                                    
YEAS:  37   NAYS:  1   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
                                                                                                    

2003-04-23                     House Journal                      Page 1074
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Guttenberg, Harris,                                    
Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                    
Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Samuels,                                           
Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf                                        
                                                                                                    
Nays:  Rokeberg                                                                                     
                                                                                                    
Excused:  Gruenberg, Joule                                                                          
                                                                                                    
And so, CSHB 194(L&C) passed the House.                                                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
CSHB 194(L&C) was referred to the Chief Clerk for engrossment.                                      
                                                                                                    
                      HOUSE BILLS IN SECOND READING                                              
                                                                                                    
HB 249                                                                                            
The following, which was held in second reading from the                                            
April 16, 2003, calendar with Amendment No. 1 moved and pending                                     
(page 1014), was again before the House:                                                            
                                                                                                    
    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                                      
    monopoly and restraint of trade statutes; and providing for an                                  
    effective date."                                                                                
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 249(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  14   NAYS:  24   EXCUSED:  2   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Foster, Gara, Gatto, Guttenberg, Kapsner,                                 
Kookesh, Masek, Morgan, Moses, Ogg, Seaton, Weyhrauch                                               
                                                                                                    

2003-04-23                     House Journal                      Page 1075
Nays:  Anderson, Chenault, Coghill, Crawford, Croft, Dahlstrom,                                     
Fate, Harris, Hawker, Heinze, Holm, Kerttula, Kohring, Kott, Lynn,                                  
McGuire, Meyer, Rokeberg, Samuels, Stoltze, Whitaker, Williams,                                     
Wilson, Wolf                                                                                        
                                                                                                    
Excused:  Gruenberg, Joule                                                                          
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
Amendment No. 2 was offered  by Representative McGuire:                                              
                                                                                                    
Page 1, line 13, following "actions.":                                                              
 Insert "If the plaintiff in a civil action brought under this section in                           
which judgment is for the defendant is a class certified under Rule 23,                             
Alaska Rules of Civil Procedure, any award of costs and attorney fees                               
to the defendant                                                                                    
             (1)  may be satisfied only through funds, if any, that the                             
    class has collected from settlements with or judgments against                                  
    other defendants; and                                                                           
             (2)  is not a liability of any individual member of the                                
    class."                                                                                         
                                                                                                    
Representative McGuire moved and asked unanimous consent that                                       
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 249(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  37   NAYS:  1   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Guttenberg, Harris,                                    
Hawker, Heinze, Holm, Kapsner, Kerttula, Kohring, Kookesh, Kott,                                    
Lynn, Masek, McGuire, Meyer, Morgan, Moses, Rokeberg, Samuels,                                      
Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf                                        
                                                                                                    
Nays:  Ogg                                                                                          
                                                                                                    

2003-04-23                     House Journal                      Page 1076
Excused:  Gruenberg, Joule                                                                          
                                                                                                    
And so, Amendment No. 2 was adopted.                                                                
                                                                                                    
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 249(JUD) am be considered engrossed, advanced to third                                         
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
CSHB 249(JUD) am was read the third time.                                                           
                                                                                                    
Representative Berkowitz rose to a point of order stating debate was                                
out of order and cited Section 111(3) of Mason's Manual.  The                                       
Speaker indicated the point was well taken.                                                         
                                                                                                    
The question being:  "Shall CSHB 249(JUD) am pass the House?"                                       
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 249(JUD) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  31   NAYS:  7   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Anderson, Berkowitz, Chenault, Coghill, Crawford, Croft,                                     
Dahlstrom, Fate, Foster, Gatto, Guttenberg, Harris, Hawker, Heinze,                                 
Holm, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer,                                          
Morgan, Rokeberg, Samuels, Stoltze, Weyhrauch, Whitaker,                                            
Williams, Wilson, Wolf                                                                              
                                                                                                    
Nays:  Cissna, Gara, Kapsner, Kerttula, Moses, Ogg, Seaton                                          
                                                                                                    
Excused:  Gruenberg, Joule                                                                          
                                                                                                    
And so, CSHB 249(JUD) am passed the House.                                                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
CSHB 249(JUD) am was referred to the Chief Clerk for engrossment.                                   
                                                                                                    

2003-04-23                     House Journal                      Page 1077
                          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 - Ryan Wetherell, Alaska 2003 National Geography Bee                                       
Winner                                                                                              
By Senator Elton; Representatives Kerttula, Weyhrauch, Kott,                                        
Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft,                                    
Dahlstrom, Gara, Gatto, Guttenberg, Hawker, Heinze, Holm, Joule,                                    
Kapsner, Kohring, Kookesh, Lynn, McGuire, Meyer, Morgan, Ogg,                                       
Rokeberg, Samuels, Seaton, Whitaker, Williams, Wolf                                                 
                                                                                                    
Honoring - Ninilchik Wolverines Girls' Basketball Team, 2002-2003                                   
District 3 Class/2A State Champions                                                                 
By Senator Wagoner; Representatives Chenault, Kott, Anderson,                                       
Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto,                                
Guttenberg, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula,                                         
Kohring, Kookesh, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                            
Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wolf                                       
                                                                                                    
Honoring - Cook Inlet Academy Boys' Basketball Team, 2002-2003                                      
District 3/Class 2A Championship                                                                    
By Senator Wagoner; Representatives Kott, Anderson, Berkowitz,                                      
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto,                                 
Guttenberg, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula,                                         
Kohring, Kookesh, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                            
Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wolf                                       
                                                                                                    
Honoring - Nikiski Bulldogs Girls' Basketball Team, 2002-2003 Class                                 
3A State Championship                                                                               
By Senator Wagoner; Representatives Chenault, Kott, Anderson,                                       
Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gatto,                                
Guttenberg, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula,                                         
Kohring, Kookesh, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                            
Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wolf                                       
                                                                                                    

2003-04-23                     House Journal                      Page 1078
In Memoriam - Toby Gamble                                                                           
By Senator Davis; Representatives Kott, Anderson, Berkowitz,                                        
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara,                                
Gatto, Guttenberg, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula,                                  
Kohring, Kookesh, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                            
Samuels, Seaton, Weyhrauch, Whitaker, Williams, Wolf                                                
                                                                                                    
In Memoriam - Malcolm S. Johnson and Isaiah T. Johnson                                              
By Senator Davis; Representatives Kott, Anderson, Berkowitz,                                        
Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Foster, Gara,                                
Gatto, Guttenberg, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula,                                  
Kohring, Kookesh, McGuire, Meyer, Morgan, Ogg, Rokeberg,                                            
Samuels, Seaton, Stoltze, Weyhrauch, Whitaker, Williams, Wolf                                       
                                                                                                    
                                                                                                    
                           UNFINISHED BUSINESS                                                   
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Cissna be excused from a call of the House from noon                                 
to 3:00 p.m., April 24, 2003.  There being no objection, it was so                                  
ordered.                                                                                            
                                                                                                    
                                                                                                    
HJR 11                                                                                            
Representative Gara added his name as cosponsor to:                                                 
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 11                                                                   
    Proposing an amendment to the Constitution of the State of                                      
    Alaska relating to open meetings.                                                               
                                                                                                    
HJR 22                                                                                            
Representative Kerttula added her name as cosponsor to:                                             
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 22                                                                   
    Relating to the USA PATRIOT Act and to defending the Bill of                                    
    Rights, the Constitution of the State of Alaska, and civil liberties.                           
                                                                                                    
HB 2                                                                                              
Representative Gara added his name as cosponsor to:                                                 
                                                                                                    

2003-04-23                     House Journal                      Page 1079
    CS FOR HOUSE BILL NO. 2(JUD)(title am)                                                          
    "An Act relating to the statute of limitations for certain civil                                
    actions relating to acts constituting sexual offenses; and providing                            
    for an effective date."                                                                         
                                                                                                    
HB 20                                                                                             
Representative Gara added his name as cosponsor to:                                                 
                                                                                                    
    HOUSE BILL NO. 20                                                                               
    "An Act relating to reemployment of and benefits for retired                                    
    teachers and principals, including those who participated in                                    
    retirement incentive programs, and to the employment as teachers                                
    of members of the public employees' retirement system who                                       
    participated in a retirement incentive program; and providing for                               
    an effective date."                                                                             
                                                                                                    
HB 59                                                                                             
Representative Gara added his name as cosponsor to:                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 59(FIN) am                                                                
    "An Act relating to the evaluation and cleanup of sites where                                   
    certain controlled substances may have been manufactured or                                     
    stored; and providing for an effective date."                                                   
                                                                                                    
HB 63                                                                                             
Representative Gara added his name as cosponsor to:                                                 
                                                                                                    
    HOUSE BILL NO. 63                                                                               
    "An Act relating to filling the vacancy in the office of United                                 
    States Senator."                                                                                
                                                                                                    
HB 83                                                                                             
Representative Gara added his name as cosponsor to:                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 83(JUD)                                                                   
    "An Act adopting a version of the Revised Uniform Arbitration                                   
    Act; relating to the state's existing Uniform Arbitration Act;                                  
    amending Rules 3, 18, 19, 20, and 21, Alaska Rules of Civil                                     
    Procedure, Rule 601, Alaska Rules of Evidence, and Rule 402,                                    
    Alaska Rules of Appellate Procedure; and providing for an                                       
    effective date."                                                                                

2003-04-23                     House Journal                      Page 1080
HB 85                                                                                             
Representative Gara added his name as cosponsor to:                                                 
                                                                                                    
    HOUSE BILL NO. 85                                                                               
    "An Act requiring certain consumer reporting agencies to provide                                
    individuals with certain reports without charge."                                               
                                                                                                    
HB 177                                                                                            
Representatives Masek and Meyer added their names as cosponsors to:                                 
                                                                                                    
    CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                    
    177(STA)                                                                                        
    "An Act relating to concealed handguns."                                                        
                                                                                                    
HB 190                                                                                            
Representative Gara added his name as cosponsor to:                                                 
                                                                                                    
    HOUSE BILL NO. 190                                                                              
    "An Act relating to certain licenses for the sale, distribution, or                             
    manufacture of tobacco products; relating to tobacco taxes and                                  
    sales and cigarette tax stamps; relating to provisions making                                   
    certain cigarettes contraband and subject to seizure and forfeiture;                            
    relating to certain crimes, penalties, and interest concerning                                  
    tobacco taxes and sales; relating to notification regarding a                                   
    cigarette manufacturer's noncompliance with the tobacco product                                 
    Master Settlement Agreement or related statutory provisions and                                 
    to confiscation of the affected cigarettes; and providing for an                                
    effective date."                                                                                
                                                                                                    
HB 194                                                                                            
Representatives Masek, McGuire, and Lynn added their names as                                       
cosponsors to:                                                                                      
                                                                                                    
    CS FOR HOUSE BILL NO. 194(L&C)                                                                  
    "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 196                                                                                            
Representative Gara added his name as cosponsor to:                                                 

2003-04-23                     House Journal                      Page 1081
    HOUSE BILL NO. 196                                                                              
    "An Act relating to carbon sequestration; and providing for an                                  
    effective date."                                                                                
                                                                                                    
HB 222                                                                                            
Representative Gara added his name as cosponsor to:                                                 
                                                                                                    
    HOUSE BILL NO. 222                                                                              
    "An Act requiring an annual inflation adjustment of the base                                    
    student allocation used in the formula for state funding of public                              
    education; and providing for an effective date."                                                
                                                                                                    
HB 254                                                                                            
Representative Gara added his name as cosponsor to:                                                 
                                                                                                    
    HOUSE BILL NO. 254                                                                              
    "An Act directing the Alaska Police Standards Council to                                        
    determine the number of police officers needed for various                                      
    purposes; and providing for an effective date."                                                 
                                                                                                    
HB 260                                                                                            
Representative Gara added his name as cosponsor to:                                                 
                                                                                                    
    HOUSE BILL NO. 260                                                                              
    "An Act relating to immunity for free health care services                                      
    provided by certain health care providers; and providing for an                                 
    effective date."                                                                                
                                                                                                    
HB 277                                                                                            
Representative Kohring added his name as cosponsor to:                                              
                                                                                                    
    HOUSE BILL NO. 277                                                                              
    "An Act relating to the powers of the Regulatory Commission of                                  
    Alaska in regard to intrastate pipeline transportation services and                             
    pipeline facilities, to the rate of interest for funds to be paid by                            
    pipeline shippers or carriers at the end of a suspension of tariff                              
    filing, and to the prospective application of increased standards on                            
    regulated pipeline utilities; allowing the commission to accept                                 
    rates set in conformity with a settlement agreement between the                                 

2003-04-23                     House Journal                      Page 1082
    state and one or more pipeline carriers and to enforce the terms of                             
    a settlement agreement in regard to intrastate rates; and providing                             
    for an effective date."                                                                         
                                                                                                    
                               ENGROSSMENT                                                       
                                                                                                    
HB 194                                                                                            
CSHB 194(L&C) was engrossed, signed by the Speaker and Chief                                        
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
HB 249                                                                                            
CSHB 249(JUD) am was engrossed, signed by the Speaker and Chief                                     
Clerk and transmitted to the Senate for consideration.                                              
                                                                                                    
                              ANNOUNCEMENTS                                                      
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                               ADJOURNMENT                                                       
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., April 24, 2003.  There being no                                     
objection, the House adjourned at 10:58 a.m.                                                        
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk