Legislature(2001 - 2002)

2001-01-12 House Journal

Full Journal pdf

2001-01-12                     House Journal                      Page 0063
                                                                                                    
                              HOUSE JOURNAL                                                      
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
               TWENTY-SECOND LEGISLATURE -- FIRST SESSION                                        
                                                                                                    
Juneau, Alaska                    Friday               January 12, 2001                           
                                                                                                    
                                Fifth Day                                                      
                                                                                                    
The House was called to order by Speaker Porter at 10:03 a.m.                                       
                                                                                                    
Roll call showed 36 members present.  Representative Kookesh had                                    
been previously excused from a call of the House today.                                             
Representative Kohring was absent and his presence was noted later.                                 
                                                                                                    
Representative James moved and asked unanimous consent that                                         
Representative Mulder be excused from a call of the House today and                                 
that Representative Joule be excused from a call of the House until                                 
7:00 p.m., plane time, January 14, 2001.  There being no objection, it                              
was so ordered.                                                                                     
                                                                                                    
The invocation was offered by the Reverend Steve Olmstead of the                                    
Chapel By The Lake Presbyterian Church.  Representative Green                                       
moved and asked unanimous consent that the invocation be spread on                                  
the journal. There being no objection, it appears below:                                            
                                                                                                    
    Gracious and Loving God,                                                                        
                                                                                                    
    We thank You for the privilege of leadership and the                                            
    responsibility of representation.  Open our hearts to those who                                 
    need compassion.  Open our ears to those whose voices often                                     
    go unheard.  Open our minds to Your thoughts and wisdom.                                        
                                                                                                    
    I pray for each representative and their staff.  I ask that in the                              
    coming months and throughout their lives You, O Lord, may                                       
    be invited into their friendships (new and old), into their                                     
    discussions (peaceful and difficult), into their need for healing                               
    (physically, emotionally, and spiritually).  And we pray, Lord,                                 
    that You would be invited into our hopes and desires for this                                   
    legislative session and for the State of Alaska.                                                
                                                                                                    
                                                                                                    

2001-01-12                     House Journal                      Page 0064
       Thank You, Lord, that You care about what happens here and                                  
    that You care about the details of our very lives.                                              
                                                                                                    
    We also thank You this day for the life and witness of                                          
    Dr. Martin Luther King Jr.  We pray that his courage, pursuit                                   
    of equality and truth, and his faith in You might inspire our                                   
    lives and leadership.                                                                           
                                                                                                    
    In God's name we pray.  Amen.                                                                   
                                                                                                    
                                                                                                    
The Pledge of Allegiance was led by Representative Wilson.                                          
                                                                                                    
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the third and fourth legislative days and House & Senate                                
Joint Journal Supplement No. 1 be approved as certified by the Chief                                
Clerk. There being no objection, it was so ordered.                                                 
                                                                                                    
                                                                                                    
                        MESSAGES FROM THE SENATE                                                 
                                                                                                    
A message dated January 12, 2001, was read stating the Senate has                                   
accepted the invitation to meet in joint session in the House Chamber                               
at 11:00 a.m., February 23 to hear Chief Justice Dana Fabe's State of                               
the Judiciary address.                                                                              
                                                                                                    
                                                                                                    
                             COMMUNICATIONS                                                      
                                                                                                    
The following reports were received:                                                                
                                                                                                    
Dept. of Community & Economic Development                                                           
Division of Insurance                                                                               
Winter 2000 Automobile Insurance                                                                    
 Rating Examples Guide                                                                              
                                                                                                    
                                                                                                    

2001-01-12                     House Journal                      Page 0065
Dept. of Environmental Conservation                                                                 
Division of Spill Prevention and Response                                                           
Oil & Hazardous Substance Release                                                                   
 Prevention & Response Fund                                                                         
Biennial Report                                                                                     
Fiscal Year 1999 - 2000                                                                             
(as required by AS 46.08.060)                                                                       
                                                                                                    
Dept. of Natural Resources                                                                          
Division of Oil and Gas                                                                             
Five-Year Oil and Gas Leasing Program                                                               
With Reports On:  Exploration Licensing and                                                         
 Shallow Gas Leasing                                                                                
January 2001                                                                                        
(as required by AS 38.05.180)                                                                       
                                                                                                    
Dept. of Revenue                                                                                    
Alaska Housing Finance Corporation                                                                  
2000 Annual Report                                                                                  
(as required by AS 18.56.089)                                                                       
                                                                                                    
Dept. of Transportation & Public Facilities                                                         
FY 2002 Spending Plan for the International                                                         
 Airport Revenue Bond Construction Fund                                                             
(as required by AS 37.15.420)                                                                       
                                                                                                    
The following audit reports were received:                                                          
                                                                                                    
Division of Legislative Audit                                                                       
Legislative Budget & Audit Committee                                                                
(as required by AS 24.20.311)                                                                       
  2000 Annual Report, Unabridged                                                                    
  2000 Annual Report, Condensed                                                                     
                                                                                                    
                                                                                                    
                        INTRODUCTION OF CITATIONS                                                
                                                                                                    
The following citation was introduced and referred to the Rules                                     
Committee for placement on the calendar:                                                            
                                                                                                    

2001-01-12                     House Journal                      Page 0066
Honoring - The Nikiski Middle/High School Football Team, Coaches                                    
and Managers                                                                                        
By Senator Ward                                                                                     
                                                                                                    
               INTRODUCTION, FIRST READING, AND REFERENCE                                        
                          OF HOUSE RESOLUTIONS                                                   
                                                                                                    
HCR 1                                                                                             
HOUSE CONCURRENT RESOLUTION NO. 1 by Representative                                                 
Berkowitz:                                                                                          
                                                                                                    
    Relating to establishing a Task Force on a Statewide                                            
    Comprehensive Energy Plan.                                                                      
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs and Labor & Commerce Committees.                                                            
                                                                                                    
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE OF                                      
                               HOUSE BILLS                                                       
                                                                                                    
HB 13                                                                                             
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 13 by                                                         
Representatives Bunde, Kohring, Dyson, Halcro, Fate, and Coghill,                                   
entitled:                                                                                           
                                                                                                    
    "An Act relating to municipal service areas and providing for                                   
    voter approval of the formation, alteration, or abolishment of                                  
    certain service areas."                                                                         
                                                                                                    
was read the first time and referred to the Community & Regional                                    
Affairs and Finance Committees.                                                                     
                                                                                                    
HOUSE BILL NOS. 45, 46, and 47 are out of numerical sequence                                        
because they were preassigned to the Governor's budget bills.                                       
                                                                                                    
                                                                                                    
HB 45                                                                                             
HOUSE BILL NO. 45 by the House Rules Committee by request of                                        
the Governor, entitled:                                                                             

2001-01-12                     House Journal                      Page 0067
                                                                                                    
    "An Act making appropriations for the operating and loan                                        
    program expenses of state government, for certain programs, and                                 
    to capitalize funds; making appropriations under art. IX, sec.                                  
    17(c), Constitution of the State of Alaska, from the constitutional                             
    budget reserve fund; and providing for an effective date."                                      
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
The Governor's transmittal letter dated January 10, 2001, appears                                   
below:                                                                                              
                                                                                                    
"Dear Speaker Porter:                                                                               
                                                                                                    
The Fiscal Year 2002 operating budget I am transmitting today is                                    
known as my "Jobs and Families Budget."  It addresses three key                                     
goals: maintains the existing level of vital public services Alaskans                               
need; makes additional strategic investments for Alaska families in                                 
education, early childhood development, public health and public                                    
safety; and it helps create and protect jobs for Alaska families.                                   
                                                                                                    
The total budget includes a $145 million general fund increase over                                 
the current fiscal year.  Yet it is $140 million less than in Fiscal '95                            
and nearly 1,700 inflation-adjusted dollars less per Alaskan than in                                
Fiscal 1979, the last pre-oil boom year.                                                            
                                                                                                    
Some $80 million of the proposed increase is necessary just to                                      
maintain existing services.  Recent legislatures have approved, and                                 
now we must operate, a new Anchorage jail, new health lab and                                       
additional juvenile correctional centers in Ketchikan, Juneau and                                   
Anchorage.  We have higher caseloads for such vital services as health                              
care for the elderly and disabled.  We must fund legislatively-                                     
approved labor contracts.  Paying the interest on bonds for new                                     
schools approved in recent years will cost $28 million.  And the                                    
number of Alaskans to whom we must provide services has grown 14                                    
percent in the past decade.                                                                         
                                                                                                    
In addition I have incorporated funds to improve education from child                               
care through K-12 and the university; for our public health initiative to                           
fight TB, hepatitis C, arctic contaminants, food borne illness and other                            

2001-01-12                     House Journal                      Page 0068
serious public health problems; and to protect the public's safety by                               
providing funds for more law enforcement personnel, child and senior                                
protection, emergency services, and alcohol enforcement and                                         
treatment.                                                                                          
                                                                                                    
The general fund deficit for the coming year is projected to be more                                
than $500 million.  Based on the fall forecast, our Constitutional                                  
Budget Reserve would be depleted in less than 5 years.  We need to                                  
work together to develop a long-term budget plan during this session                                
to ensure the state's financial integrity.                                                          
                                                                                                    
                                                                                                    
I stand ready to work with you to make responsible choices to benefit                               
all Alaskans.                                                                                       
                                                                                                    
                               Sincerely,                                                           
                               /s/                                                                  
                              Tony Knowles                                                         
                               Governor"                                                            
                                                                                                    
HB 46                                                                                             
HOUSE BILL NO. 46 by the House Rules Committee by request of                                        
the Governor, entitled:                                                                             
                                                                                                    
    "An Act making appropriations for the operating and capital                                     
    expenses of the state's integrated comprehensive mental health                                  
    program; and providing for an effective date."                                                  
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
A letter dated January 10, 2001, with an accompanying spreadsheet, to                               
the Alaska Mental Health Trust Authority from the Office of                                         
Management and Budget was attached (as required by                                                  
AS 37.14.003(b)) and is on file in the Chief Clerk's office.                                        
                                                                                                    
                                                                                                    
The Governor's transmittal letter dated January 10, 2001, appears                                   
below:                                                                                              
                                                                                                    

2001-01-12                     House Journal                      Page 0069
"Dear Speaker Porter:                                                                               
                                                                                                    
I am today transmitting to you a separate FY2002 appropriations bill                                
for the state's comprehensive mental health program.  As required by                                
statute, it includes both operating and capital appropriations and is                               
accompanied by a report outlining the differences between my                                        
proposed budget and the recommendations of the Alaska Mental                                        
Health Authority.                                                                                   
                                                                                                    
Alaska continues to make considerable progress in serving                                           
beneficiaries of the mental health settlement and emphasizing                                       
community based services.  This budget proposal continues that                                      
progress with careful investments of Trust Authority receipts, general                              
funds and Alaska Housing Finance Corporation receipts for housing-                                  
related capital projects.                                                                           
                                                                                                    
The bill represents a cooperative effort between several departments in                             
my Administration and the Trustees and staff of the Alaska Mental                                   
Health Trust Authority.  We look forward to working with the                                        
Legislature in evaluating and implementing this budget proposal for                                 
mental health services for the Trust's beneficiaries.                                               
                                                                                                    
                               Sincerely,                                                          
                               /s/                                                                  
                               Tony Knowles                                                         
                                Governor"                                                          
                                                                                                    
HB 47                                                                                             
HOUSE BILL NO. 47 by the House Rules Committee by request of                                        
the Governor, entitled:                                                                             
                                                                                                    
    "An Act making capital appropriations and capitalizing funds;                                   
    making appropriations under art. IX, sec. 17(c), Constitution of                                
    the State of Alaska, from the constitutional budget reserve fund;                               
    and providing for an effective date."                                                           
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
The Governor's transmittal letter dated January 10, 2001, appears                                   
below:                                                                                              

2001-01-12                     House Journal                      Page 0070
"Dear Speaker Porter:                                                                               
                                                                                                    
I am transmitting to you today my proposed capital budget for                                       
FY2002.  Together with proposals for schools and major maintenance                                  
that you will receive separately, it represents a solid investment to                               
meet the most critical needs for Alaska's economic development and                                  
basic public services such as education, transportation and public                                  
protection.                                                                                         
                                                                                                    
We must address needs such as critical deferred maintenance projects,                               
emergency communications equipment upgrades mandated by the                                         
federal government, water and sewer systems, and safety equipment                                   
for child protection and public safety personnel.  This budget makes                                
necessary investments in these basic areas as well as some strategic                                
economic development projects, such as the gasline development.                                     
                                                                                                    
This $1.2 billion capital appropriations bill includes $100.9 million in                            
general funds and $827.4 million in federal funds.  AHFC capital                                    
funds remain at $52 million and the $17.5 million AIDEA dividend is                                 
again recommended principally for the community capital matching                                    
grants program.                                                                                     
                                                                                                    
I look forward to working with you to put together a responsible                                    
capital budget for the coming year.                                                                 
                                                                                                    
                               Sincerely,                                                           
                               /s/                                                                  
                              Tony Knowles                                                         
                               Governor"                                                            
                                                                                                    
HB 55                                                                                             
HOUSE BILL NO. 55 by the House Rules Committee by request,                                          
entitled:                                                                                           
                                                                                                    
    "An Act regarding oil discharge prevention and cleanup involving                                
    self-propelled nontank vessels exceeding 400 gross registered                                   
    tonnage and railroad tank cars and related facilities and operations                            
    and requiring preparation and implementation of oil discharge                                   
    contingency plans for those nontank vessels and railroad tank cars;                             
    amending the definition of 'response action' that relates to releases                           

2001-01-12                     House Journal                      Page 0071
    or threatened releases of oil and thereby amending the duties and                               
    liabilities of response action contractors; authorizing compliance                              
    verification for nontank vessels and for trains and related facilities                          
    and operations; and providing for an effective date."                                           
                                                                                                    
was read the first time and referred to the Transportation, Resources,                              
and Finance Committees.                                                                             
                                                                                                    
HB 56                                                                                             
HOUSE BILL NO. 56 by Representative Kott, entitled:                                                 
                                                                                                    
    "An Act relating to minimum wages."                                                             
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Finance Committees.                                                                                 
                                                                                                    
HB 57                                                                                             
HOUSE BILL NO. 57 by Representative Rokeberg, entitled:                                             
                                                                                                    
    "An Act relating to construction of a legislative hall."                                        
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
                                                                                                    
                   CONSIDERATION OF THE DAILY CALENDAR                                           
                                                                                                    
                          LEGISLATIVE CITATIONS                                                  
                                                                                                    
Representative James 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:                             
                                                                                                    
Commemorating - Dr. Martin Luther King Jr. Day                                                      
By Senator Ward; Representatives Porter, Berkowitz, Bunde, Cissna,                                  
Croft, Davies, Dyson, Foster, Guess, Halcro, Harris, Hayes, Hudson,                                 
James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek,                                   
McGuire, Meyer, Morgan, Mulder, Murkowski, Rokeberg, Stevens,                                       
Williams, Wilson                                                                                    
                                                                                                    

2001-01-12                     House Journal                      Page 0072
Honoring - Hazel and Bruce Arndt, 50th Wedding Anniversary                                          
By Senator Phillips; Representatives Porter, Berkowitz, Bunde,                                      
Cissna, Croft, Davies, Dyson, Green, Halcro, Harris, Hayes, Hudson,                                 
James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek,                                   
McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg,                                          
Stevens, Williams, Wilson                                                                           
                                                                                                    
In Memoriam - Joseph Bond Whitmore                                                                  
By Senator Phillips; Representatives Porter, Berkowitz, Bunde,                                      
Cissna, Croft, Davies, Dyson, Foster, Halcro, Harris, Hayes, Hudson,                                
James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek,                                   
McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg,                                          
Stevens, Williams, Wilson                                                                           
                                                                                                    
                           UNFINISHED BUSINESS                                                   
                                                                                                    
Representative James 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 McGuire - from 1:35 p.m., January 12 to 9:30 a.m.,                                   
plane time, January 16, 2001                                                                        
                                                                                                    
Representative Fate - from 7:21 p.m., January 12 to 9:35 p.m., plane                                
time, January 15, 2001                                                                              
                                                                                                    
Representative Fate - from 5:00 p.m., January 25 to 9:30 p.m., plane                                
time, January 28, 2001                                                                              
                                                                                                    
Representative Murkowski - from 7:15 a.m., January 13 to 9:35 p.m.,                                 
plane time, January 15, 2001                                                                        
                                                                                                    
Representative Chenault - from noon, January 19 to 10:00 a.m., plane                                
time, January 22, 2001                                                                              
                                                                                                    
Representative Porter - from 1:35 p.m., January 26 to 1:50 p.m., plane                              
time, January 27, 2001                                                                              
                                                                                                    
Representative Harris - from 10:00 a.m., February 2 to 6:35 p.m.,                                   
plane time, February 4, 2001                                                                        

2001-01-12                     House Journal                      Page 0073
Representative Wilson - from 10:14 p.m., January 19 to 6:34 p.m.,                                   
plane time, January 21, 2001                                                                        
                                                                                                    
Representative Wilson - from 2:30 p.m., February 2 to 12:55 p.m.,                                   
plane time, February 3, 2001                                                                        
                                                                                                    
Representative Ogan - from 7:00 p.m., January 25 to 9:30 p.m., plane                                
time, January 28, 2001                                                                              
                                                                                                    
                                                                                                    
HB 21                                                                                             
Representative Dyson added his name as cosponsor to:                                                
                                                                                                    
    HOUSE BILL NO. 21                                                                               
    "An Act relating to the construction of an overland natural gas                                 
    pipeline to transport natural gas from North Slope reserves to                                  
    North American markets."                                                                        
                                                                                                    
HB 28                                                                                             
Representative Dyson added his name as cosponsor to:                                                
                                                                                                    
    HOUSE BILL NO. 28                                                                               
    "An Act relating to the location of legislative sessions; and                                   
    providing for an effective date."                                                               
                                                                                                    
                                                                                                    
HB 43                                                                                             
Representative Kerttula added her name as cosponsor to:                                             
                                                                                                    
    HOUSE BILL NO. 43                                                                               
    "An Act relating to reimbursement of certain student loans; and                                 
    providing for an effective date."                                                               
                                                                                                    
HB 44                                                                                             
Representatives Moses and Halcro added their names as cosponsors                                    
to:                                                                                                 
                                                                                                    
    HOUSE BILL NO. 44                                                                               
       "An Act designating the Joe Redington, Sr., Memorial Road."                                 
                                                                                                    

2001-01-12                     House Journal                      Page 0074
HB 54                                                                                             
Representative Kerttula added her name as cosponsor to:                                             
                                                                                                    
    HOUSE BILL NO. 54                                                                               
    "An Act relating to reimbursement of student loans; and providing                               
    for an effective date."                                                                         
                                                                                                    
                              ANNOUNCEMENTS                                                      
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
Majority Caucus           Speaker's Chamber                 upon adj., 1/12                         
                                                                                                    
                                                                                                    
**The presence of Representative Kohring was noted.                                                 
                                                                                                    
                               ADJOURNMENT                                                       
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House adjourn until 11:00 a.m., January 16, 2001.  There being no                                   
objection, the House adjourned at 10:28 a.m.                                                        
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk