Legislature(2001 - 2002)

2001-02-09 House Journal

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2001-02-09                     House Journal                      Page 0275
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                       ALASKA STATE LEGISLATURE                                                  
                                                                                                    
              TWENTY-SECOND LEGISLATURE -- FIRST SESSION                                         
                                                                                                    
Juneau, Alaska                   Friday              February 9, 2001                             
                                                                                                    
                           Thirty-third Day                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Porter at 10:05 a.m.                                                                                
                                                                                                    
Roll call showed 35 members present.  Representatives Croft and                                     
Rokeberg 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 the                                     
following members be excused from a call of the House.  There being                                 
no objection, the members were excused as noted:                                                    
                                                                                                    
Representative Davies - from today to 9:22 a.m., plane time,                                        
February 12, 2001                                                                                   
                                                                                                    
Representative Halcro - from today to 9:32 a.m., plane time,                                        
February 12, 2001 (amended from page 226)                                                           
                                                                                                    
The invocation was offered by the Reverend Kathleen Wakefield of                                    
St. Brendan's Episcopal Church.  Representative Green moved and                                     
asked unanimous consent that the invocation be spread on the journal.                               
There being no objection, it appears below:                                                         
                                                                                                    
    Gracious God, we give You thanks for this new day.  We lift                                     
    up to You all those in need of prayer and healing, those                                        
    known to us and those unknown, especially the families of                                       
    former Senator Fred Zharoff and former Representative                                           
    Marcus Jensen.  As we come to the end of another week, keep                                     
    us energized by Your life-giving Spirit for the work ahead.                                     
    Help us have open hearts and open minds, ready to do the                                        
    work You have called us to, and help us be receptive to the                                     
    amazing power of Your love at work in our lives.  Amen.                                         

2001-02-09                     House Journal                      Page 0276
The Pledge of Allegiance was led by Representative Green.                                           
                                                                                                    
                     CERTIFICATION OF THE JOURNAL                                                
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
journal for the 31st and 32nd legislative days be approved as certified                             
by the Chief Clerk.  There being no objection, it was so ordered.                                   
                                                                                                    
                       MESSAGES FROM THE SENATE                                                  
                                                                                                    
A message dated February 8, 2001, was read stating the Senate has                                   
passed the following, and they are transmitted for consideration:                                   
                                                                                                    
                      FIRST READING AND REFERENCE                                                
                         OF SENATE RESOLUTIONS                                                   
                                                                                                    
SCR 2                                                                                             
CS FOR SENATE CONCURRENT RESOLUTION NO. 2(HES) by                                                   
the Senate Health, Education & Social Services Committee:                                           
                                                                                                    
    Relating to declaring March 2001 as Sobriety Awareness Month.                                   
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services Committee.                                                                                 
                                                                                                    
SJR 9                                                                                             
SENATE JOINT RESOLUTION NO. 9 by Senators Leman, Donley,                                            
Taylor, Wilken, Ward, and Austerman:                                                                
                                                                                                    
    Relating to the development and deployment of the National                                      
    Missile Defense System.                                                                         
                                                                                                    
was read the first time and referred to the House Special Committee on                              
Military & Veterans' Affairs.                                                                       
                                                                                                    
SJR 12                                                                                            
SENATE JOINT RESOLUTION NO. 12(title am) by Senators                                                
Leman, Wilken, Taylor, Kelly, Green, Ward, Pearce, Cowdery,                                         
Austerman, Hoffman, Halford, and Donley:                                                            
                                                                                                    

2001-02-09                     House Journal                      Page 0277
    Urging the United States Congress to amend the tax code to                                      
    eliminate the marriage penalty.                                                                 
                                                                                                    
was read the first time and referred to the State Affairs Committee.                                
                                                                                                    
                                                                                                    
                            COMMUNICATIONS                                                       
                                                                                                    
The following were received:                                                                        
                                                                                                    
Dept. of Community & Economic Development                                                           
Division of Community and Business Development                                                      
  Annual Report                                                                                     
  January 2001                                                                                      
                                                                                                    
  National Petroleum Reserve - Alaska                                                               
  Impact Mitigation Program                                                                         
  Fiscal Year 2000 - 2001                                                                           
  (as required by AS 37.05.530)                                                                     
                                                                                                    
**The presence of Representative Kohring was noted.                                                 
                                                                                                    
Dept. of Labor & Workforce Development                                                              
Alaska Human Resource Investment Council                                                            
Resolutions and a report pertaining to the                                                          
 performance and evaluation of training                                                             
 programs in the state                                                                              
February 5, 2001                                                                                    
(as required by AS 23.15.580)                                                                       
                                                                                                    
Dept. of Public Safety                                                                              
Council on Domestic Violence                                                                        
 and Sexual Assault                                                                                 
FY 2000 Annual Report                                                                               
                                                                                                    
                                                                                                    
                    REPORTS OF STANDING COMMITTEES                                               
                                                                                                    
HJR 7                                                                                             
The Resources Committee has considered:                                                             

2001-02-09                     House Journal                      Page 0278
    HOUSE JOINT RESOLUTION NO. 7                                                                    
    Urging the United States Congress to pass legislation to open the                               
    coastal plain of the Arctic National Wildlife Refuge, Alaska, to oil                            
    and gas exploration, development, and production.                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE JOINT RESOLUTION NO. 7(RES)                                                        
 (same title)                                                                                       
                                                                                                    
The report was signed by Representatives Masek and Scalzi, Co-                                      
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (5):  Chenault, Green, McGuire, Masek, Scalzi                                               
                                                                                                    
No recommendation (1):  Kerttula                                                                    
                                                                                                    
The following fiscal note(s) apply to CSHJR 7(RES):                                                 
                                                                                                    
1.  Zero, House Special Committee on Oil & Gas                                                      
                                                                                                    
HJR 7 was referred to the Rules Committee for placement on the                                      
calendar.                                                                                           
                                                                                                    
SCR 1                                                                                             
The Resources Committee has considered:                                                             
                                                                                                    
    CS FOR SENATE CONCURRENT RESOLUTION NO. 1(RLS)                                                  
    Relating to Avalanche Awareness Month.                                                          
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    HOUSE CS FOR CS FOR SENATE CONCURRENT                                                           
    RESOLUTION NO. 1(RES)                                                                           
 (same title)                                                                                       
                                                                                                    
The report was signed by Representatives Masek and Scalzi, Co-                                      
chairs, with the following individual recommendations:                                              
                                                                                                    
Do pass (6):  Kerttula, Kapsner, McGuire, Chenault, Masek, Scalzi                                   

2001-02-09                     House Journal                      Page 0279
No recommendation (1):  Green                                                                       
                                                                                                    
The following fiscal note(s) apply to HCS CSSCR 1(RES):                                             
                                                                                                    
1.  Zero, Senate Resources Committee                                                                
                                                                                                    
CSSCR 1(RLS) was referred to the Rules Committee for placement on                                   
the calendar.                                                                                       
                                                                                                    
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
HB 37                                                                                             
The House Special Committee on Education has considered:                                            
                                                                                                    
    HOUSE BILL NO. 37                                                                               
    "An Act relating to reimbursement of certain student loans; and                                 
    providing for an effective date."                                                               
                                                                                                    
and recommends it be replaced with:                                                                 
                                                                                                    
    CS FOR HOUSE BILL NO. 37(EDU)                                                                   
    "An Act relating to forgiveness of certain student loans; and                                   
    providing for an effective date."                                                               
                                                                                                    
The report was signed by Representative Bunde, Chair, with the                                      
following individual recommendations:                                                               
                                                                                                    
Do pass (3):  Porter, Wilson, Stevens                                                               
                                                                                                    
No recommendation (4):  Green, Guess, Joule, Bunde                                                  
                                                                                                    
The following fiscal note(s) apply to CSHB 37(EDU):                                                 
                                                                                                    
1.  Fiscal, Dept. of Education & Early Development                                                  
                                                                                                    
HB 37 was referred to the Health, Education & Social Services                                       
Committee.                                                                                          
                                                                                                    
                                                                                                    

2001-02-09                     House Journal                      Page 0280
                       INTRODUCTION OF CITATIONS                                                 
                                                                                                    
The following citations were introduced and referred to the Rules                                   
Committee for placement on the calendar:                                                            
                                                                                                    
Honoring - Governor William J. Sheffield                                                            
By Representative Berkowitz                                                                         
                                                                                                    
                                                                                                    
Honoring - Secretary of Veterans Affairs, Anthony J. Principi                                       
By Representative Murkowski                                                                         
                                                                                                    
                                                                                                    
Honoring - General Patrick Gamble                                                                   
By Representative Masek                                                                             
                                                                                                    
                                                                                                    
Honoring - Steve Frank & Linda Anderson                                                             
By Senators Wilken, Pearce                                                                          
                                                                                                    
                                                                                                    
In Memoriam - Sally Jane (Riley) Echola                                                             
By Representative Masek                                                                             
                                                                                                    
In Memoriam - Senator Fred F. Zharoff                                                               
By Senator Austerman; Representative Stevens                                                        
                                                                                                    
                                                                                                    
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                         OF HOUSE RESOLUTIONS                                                    
                                                                                                    
HCR 4                                                                                             
HOUSE CONCURRENT RESOLUTION NO. 4 by Representative                                                 
Dyson:                                                                                              
                                                                                                    
    Declaring February 2001 to be African-American Citizen                                          
    Recognition Month.                                                                              
                                                                                                    
was read the first time and referred to the State Affairs Committee.                                
                                                                                                    

2001-02-09                     House Journal                      Page 0281
              INTRODUCTION, FIRST READING, AND REFERENCE                                         
                            OF HOUSE BILLS                                                       
                                                                                                    
HB 119                                                                                            
HOUSE BILL NO. 119 by Representatives Wilson, Davies, Harris,                                       
Joule, Lancaster, Morgan, Stevens, Williams, and Hudson, entitled:                                  
                                                                                                    
    "An Act exempting joint action agencies from regulation by the                                  
    state or municipalities; relating to the relationship between a joint                           
    action agency and the public utilities that form the joint action                               
    agency; relating to powers and immunities of a joint action                                     
    agency; requiring filing of the joint action agency agreement;                                  
    relating to the financial affairs of a joint action agency; declaring                           
    certain joint action agencies to be political subdivisions for certain                          
    purposes; relating to liability and indemnification of officers,                                
    employees, and agents of joint action agencies; and defining                                    
    'agency agreement' as used with reference to joint action                                       
    agencies."                                                                                      
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Judiciary Committees.                                                                               
                                                                                                    
HB 120                                                                                            
HOUSE BILL NO. 120 by Representative Coghill, entitled:                                             
                                                                                                    
    "An Act adopting the National Crime Prevention and Privacy                                      
    Compact; making criminal justice information available to                                       
    interested persons and criminal history record information                                      
    available to the public; providing for the use of criminal justice                              
    information and records by the Alcoholic Beverage Control                                       
    Board; making certain conforming amendments; and providing for                                  
    an effective date."                                                                             
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
HB 121                                                                                            
HOUSE BILL NO. 121 by Representatives Murkowski, Lancaster,                                         
and Harris, entitled:                                                                               
                                                                                                    

2001-02-09                     House Journal                      Page 0282
    "An Act relating to the issuance of qualified charitable gift                                   
    annuities."                                                                                     
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Judiciary Committees.                                                                               
                                                                                                    
                                                                                                    
HB 122                                                                                            
HOUSE BILL NO. 122 by Representative Green, entitled:                                               
                                                                                                    
    "An Act relating to electric and telephone cooperatives, including                              
    expansion activities and political activities of electric and                                   
     telephone cooperatives; and providing for an effective date."                                 
                                                                                                    
was read the first time and referred to the Labor & Commerce and                                    
Judiciary Committees.                                                                               
                                                                                                    
                                                                                                    
HB 123                                                                                            
HOUSE BILL NO. 123 by Representative Halcro, entitled:                                              
                                                                                                    
    "An Act relating to the use of frequent flyer miles or another                                  
    bonus earned on travel paid for by the state."                                                  
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
                                                                                                    
HB 124                                                                                            
HOUSE BILL NO. 124 by Representatives Halcro and Hayes,                                             
entitled:                                                                                           
                                                                                                    
    "An Act prohibiting nursing facilities and assisted living homes                                
    from employing or allowing access by persons with certain                                       
    criminal backgrounds, with exceptions."                                                         
                                                                                                    
was read the first time and referred to the Health, Education & Social                              
Services and Judiciary Committees.                                                                  
                                                                                                    
                                                                                                    

2001-02-09                     House Journal                      Page 0283
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     SECOND READING OF HOUSE BILLS                                               
                                                                                                    
HB 100                                                                                            
The following was read the second time:                                                             
                                                                                                    
    HOUSE BILL NO. 100                                                                              
    "An Act establishing the third Saturday of each June as Juneteenth                              
    Day."                                                                                           
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 STA RPT 7DP                                                        260                             
 FN1: ZERO(H.STA)                                                   260                             
                                                                                                    
Representative James moved and asked unanimous consent that                                         
HB 100 be considered engrossed, advanced to third reading and placed                                
on final passage.  There being no objection, it was so ordered.                                     
                                                                                                    
HB 100 was read the third time.                                                                     
                                                                                                    
The question being:  "Shall HB 100 pass the House?"  The roll was                                   
taken with the following result:                                                                    
                                                                                                    
HB 100                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  4   ABSENT:  0                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford,                                       
Dyson, Fate, Foster, Green, Guess, Harris, Hayes, Hudson, James,                                    
Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek,                                 
McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter,                                     
Scalzi, Stevens, Whitaker, Williams, Wilson                                                         
                                                                                                    
Excused:  Croft, Davies, Halcro, Rokeberg                                                           
                                                                                                    
And so, HB 100 passed the House and was referred to the Chief Clerk                                 
for engrossment.                                                                                    
                                                                                                    

2001-02-09                     House Journal                      Page 0284
                         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:                             
                                                                                                    
Honoring - Representative Ramona Barnes                                                             
By Representatives Ogan, Porter, Berkowitz, Bunde, Chenault, Cissna,                                
Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess,                                
Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula,                                     
Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses,                                     
Mulder, Murkowski, Rokeberg, Scalzi, Stevens, Whitaker, Williams,                                   
Wilson                                                                                              
                                                                                                    
                                                                                                    
Honoring - Ryan M. Welch, Eagle Scout                                                               
By Senator Cowdery; Representatives Bunde, Porter, Berkowitz,                                       
Chenault, Cissna, Coghill, Crawford, Davies, Dyson, Fate, Green,                                    
Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                        
Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan,                                  
Moses, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams,                                        
Wilson                                                                                              
                                                                                                    
                                                                                                    
Honoring - Nate Foerster, Eagle Scout                                                               
By Senator Cowdery; Representatives Bunde, Porter, Berkowitz,                                       
Chenault, Cissna, Coghill, Crawford, Davies, Dyson, Fate, Green,                                    
Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                        
Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan,                                  
Moses, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams,                                        
Wilson                                                                                              
                                                                                                    
                                                                                                    
Honoring - Curtis Engebretson, Eagle Scout                                                          
By Senator Cowdery; Representatives Bunde, Porter, Berkowitz,                                       
Chenault, Cissna, Coghill, Crawford, Davies, Dyson, Fate, Green,                                    
Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                        
Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan,                                  
Moses, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Williams,                                        
Wilson                                                                                              

2001-02-09                     House Journal                      Page 0285
Honoring - Paul Mandsager, Eagle Scout                                                              
By Senator Cowdery; Representatives Bunde, Porter, Berkowitz,                                       
Chenault, Cissna, Coghill, Crawford, Davies, Dyson, Fate, Green,                                    
Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                        
Kerttula, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan,                                  
Moses, 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 Cissna - from 7:15 a.m., plane time, February 11 to                                  
9:34 p.m., plane time, February 13, 2001                                                            
                                                                                                    
Representative Halcro - from 7:00 p.m., plane time, February 16 to                                  
9:32 a.m., plane time, February 19; and from noon, plane time,                                      
February 22 to 10:00 p.m., plane time, February 27, 2001                                            
                                                                                                    
Representative Kohring - from 9:57 a.m., plane time, February 22 to                                 
9:34 p.m., plane time, February 25, 2001                                                            
                                                                                                    
Representative Kott - from 7:20 p.m., plane time, February 9 to                                     
9:30 p.m., plane time, February 11, 2001                                                            
                                                                                                    
Representative Masek - from noon February 9 to 9:30 a.m., plane                                     
time, February 12, 2001                                                                             
                                                                                                    
Representative McGuire - from 1:35 p.m., plane time, February 9 to                                  
9:27 a.m., plane time, February 14, 2001 (amended from page 268)                                    
                                                                                                    
Representative Meyer - from 7:14 p.m., plane time, February 16 to                                   
9:27 a.m., plane time, February 19; and from 7:14 p.m., plane time,                                 
March 1 to 1:45 p.m., plane time, March 6, 2001                                                     
                                                                                                    
Representative Porter - from 7:05 a.m., plane time, March 3 to                                      
9:20 a.m., plane time, March 8, 2001                                                                
                                                                                                    

2001-02-09                     House Journal                      Page 0286
Representative Whitaker - from 7:15 p.m., plane time, February 14 to                                
1:00 p.m., plane time, February 19, 2001                                                            
                                                                                                    
Representative Williams - from 2:30 p.m., plane time, February 9 to                                 
9:44 p.m., plane time, February 11, 2001                                                            
                                                                                                    
                               * * * * *                                                           
                                                                                                    
Representative Kapsner introduced Peter Evon, Guest Page from                                       
Akiachak.                                                                                           
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HJR 7                                                                                             
Representative Green added his name as cosponsor to:                                                
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 7                                                                    
    Urging the United States Congress to pass legislation to open the                               
    coastal plain of the Arctic National Wildlife Refuge, Alaska, to oil                            
    and gas exploration, development, and production.                                               
                                                                                                    
                                                                                                    
HB 31                                                                                             
Representative Guess added her name as cosponsor to:                                                
                                                                                                    
    HOUSE BILL NO. 31                                                                               
    "An Act relating to criminal sexual inducement of a minor and to                                
    criminal sentencing."                                                                           
                                                                                                    
HB 32                                                                                             
Representatives McGuire and Guess added their names as cosponsors                                   
to:                                                                                                 
                                                                                                    
    HOUSE BILL NO. 32                                                                               
    "An Act relating to the forfeiture of property used to possess or                               
    distribute child pornography, to commit indecent viewing or                                     
    photography, to commit a sex offense, or to solicit the commission                              
    of, attempt to commit, or conspire to commit possession or                                      
    distribution of child pornography, indecent viewing or                                          
    photography, or a sexual offense."                                                              

2001-02-09                     House Journal                      Page 0287
HB 36                                                                                             
Representative Guess added her name as cosponsor to:                                                
                                                                                                    
    HOUSE BILL NO. 36                                                                               
    "An Act relating to enterprise zones."                                                          
                                                                                                    
                                                                                                    
HB 100                                                                                            
Representatives Halcro, Murkowski, Meyer, Dyson, James, and Cissna                                  
added their names as cosponsors to:                                                                 
                                                                                                    
    HOUSE BILL NO. 100                                                                              
    "An Act establishing the third Saturday of each June as Juneteenth                              
    Day."                                                                                           
                                                                                                    
                                                                                                    
HB 105                                                                                            
Representative Hayes added his name as cosponsor to:                                                
                                                                                                    
    HOUSE BILL NO. 105                                                                              
    "An Act relating to the base student allocation used in the formula                             
    for state funding of public education; and providing for an                                     
    effective date."                                                                                
                                                                                                    
                                                                                                    
SJR 12                                                                                            
Representative Ogan added his name as cross sponsor to:                                             
                                                                                                    
    SENATE JOINT RESOLUTION NO. 12(title am)                                                        
    Urging the United States Congress to amend the tax code to                                      
    eliminate the marriage penalty.                                                                 
                                                                                                    
                                                                                                    
                              ENGROSSMENT                                                        
                                                                                                    
HB 100                                                                                            
HB 100 was engrossed, signed by the Speaker and Chief Clerk and                                     
transmitted to the Senate for consideration.                                                        
                                                                                                    
                                                                                                    

2001-02-09                     House Journal                      Page 0288
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
Majority Caucus          Speaker's Chamber                upon adj., 2/9                            
                                                                                                    
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
House adjourn until 11:00 a.m., February 12, 2001.  There being no                                  
objection, the House adjourned at 10:43 a.m.                                                        
                                                                                                    
                                           Suzi Lowell                                              
                                           Chief Clerk